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Fourth Amendment news--DOJ uses post-in notes for phone records instead of legal process

By John Wesley Hall, Jr.

On eff.org: FBI Replaced Legal Process with Post-It Notes to Obtain Phone Records discussing how the government respects privacy interests in emergency requests for phone records, and the phone companies let them. The DOJ Office of Legal Counsel has also come up with a legal theory which it is keeping secret: The OIG report discusses, in heavily redacted form, discusses a new legal theory that the FBI now asserts allows telecoms to divulge phone records without legal process. Despite the Obama Administration's alleged commitment to openness and transparency, the OIG report redacts the basis for this legal theory, even redacting the statutory section number on which the FBI says it can rely. (hyperlink in original)

Full post as published by Fourth Amendment on January 30, 2010 (boomark / email).