Lavabit Strikes Back at Feds in Key Internet Privacy Case
Crystal clear admission they want data that has nothing whatsoever to do with any actual investigation. But the law is supposed to (and formerly did) insist on a relevant connection to an actual investigation to make a warrant available, or a search appropriate.
This as much as anything elsa that relates to the Patriot Act and FISA must change. Abuse is inevitable. Some point at the NSA’a internal controls which are said to be strong, capable, and unfortunately Top Secret.
Do we or do we not have a general consensus that self regulating is inadequate? outside checks are required. LAPD has internal and external controls. Please consider how they have performed even with that level of oversight. Rampart. SIS. Accusations of racism on racial profiling. The dark record on the Grim Sleeper case. And that is with outside oversight.
So given the obvious history why would we depend on internal checks only, and secret ones at that at the NSA?
Lawyers for secure email provider Lavabit just filed the reply brief in a case that will determine whether an internet company can be compelled to turn over the master encryption keys for its entire system to facilitate court-approved surveillance on a single user.
It bears repeating: the government has no general entitlement to search through the information of an innocent business. It may do so only to the extent that the law and Constitution permit. The government proposed, in this case, to search through a vast amount of data to find a tiny amount relevant to its investigation, with no oversight from anyone, at a time when the government’s theories of its own surveillance power are at their apex. It ruined a small business in doing so […]
The surveillance statutes and the Fourth Amendment do not allow the government to chart this course. The judgment of the district court should therefore be reversed.