Forget the subpoena, just gimme that Post-it Note
Did you see last week’s story about how the big American telecom companies fell all over themselves giving the FBI illegal access to the personal phone records of Americans without subpoenas? Procedures are in place so that proper legal paperwork must be filed to give law enforcement access to our personal phone records.
But after Sept. 11, 2001, that kinda went out the window, according to the U.S. Justice Department’s Inspector General.
One particular piece of this story, as reported by former Star-Telegram reporter Marissa Taylor, now working for our McClatchy Newspapers Washington bureau, struck me:
“In some cases, FBI agents didn’t even bother with the letters and simply asked in e-mails or Post-It notes for records related to more than 3,500 telephone numbers.”
Watchdog Nation wonders what those Post-it Notes looked like. Here are some possibilities:



All of this is too informal for us.
The Founding Fathers used much larger paper for their writings.
They created something called the Fourth Amendment:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
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Dave Lieber, The Watchdog columnist for The Fort Worth Star-Telegram, is the founder of Watchdog Nation. The new 2010 edition of his book, Dave Lieber’s Watchdog Nation: Bite Back When Businesses and Scammers Do You Wrong, is out. Revised and expanded, the book won two national book awards in 2009 for social change. Twitter @DaveLieber
Published in Privacy, January 26th, 2010 by Dave Lieber
Tags: FBI, illegal search and seizure, surveillance, telecom




January 26th, 2010 at 1:56 pm
That kind of thinking is Telecom Moronics. People, it’s called Due Process. It’s called the Rule of Law. A post-it in place of a subpoena? The FBI should just open a FaceBook page and "friend" for information.
March 13th, 2010 at 11:17 am
My phone records were subpoenaed by a local FBI agent based on allegations made by my significant other’s co worker who doesn’t like him. They are police officers. Talk about abuse of power. The fact that they are requesting records without subpoenas is one thing, but requesting records with a subpoena based on lies (and we requested my sig other’s FBI records under FOIPA which proves the lies) adds to the incompetency of the FBI.