FBI Uses Invitation To Investigate One Email As An Excuse To Dig Through Multiple Email Accounts

from the thanks-for-the-'help,'-G-men! dept

As we just recently covered, the FBI's enthusiasm for starting investigations far outweighs its interest in ensuring they are justifiable. A site owner who forwarded an email containing a threat to hack his site was misinterpreted by an FBI agent to be a threat against the agency, kicking off (at least) six years of monitoring. Even as evidence failed to pile up, the investigation went continued unabated, ultimately costing the site owners' a chunk of income as donors scattered when news of the investigation became public.

Here's yet another example of the FBI's mentality at work -- seizing on anything as an excuse to dig into personal information. This particular person was Jill Kelley who, because of the FBI's actions, became part of the national sideshow involving General Petraeus' affair with his biographer, Paula Broadwell. On the advice of military officials, Kelley reported the suspected cyberstalking of her and her husband to the FBI. Apparently, the FBI felt this gave it free rein to invade Kelley's privacy.

We authorized the FBI to look at one threatening email we received, and only that email, so that the FBI could identify the stalker. However, the FBI ignored our request and violated our trust by unlawfully searching our private emails and turning us into the targets of an intrusive investigation without any just cause—all the while without informing us that they had identified the email stalker as Paula Broadwell, who was having an affair with Mr. Petraeus.
It looks as if the FBI is way too willing to extend itself permissions that haven't been specifically granted. Maybe the investigating agents felt Kelley meant to give the agency carte blanche access to her and her husband's email accounts, but was unable to articulate her desire to have her privacy violated thanks to the stress she was under. Or something.

All of this and yet the FBI didn't feel compelled to apprise Kelley of the outcome of its intrusive investigation. (In the end, charges were dropped.) Rather, it opted to leak her information to the press and misconstrue the contents of certain emails it had obtained without permission, leaving she and her husband to deal with the resulting fallout (rumors of an affair, media campouts in Kelley's yard).

The resulting investigation by the military cleared her (and the general she was linked to by the FBI's perusal of her emails) of any impropriety but the damage was already done. The agency's decision to exceed its authorization has managed to turn another person into an advocate against its excesses.
It appears from the NSA's leaks that the government may be trying to collect everything about everyone and everywhere—including America's closest friends and allies—with or without the knowledge of the White House. Unaccountable individuals given free rein to invade people's privacy—and a government that maintains the tools that permit them to do so—are a prescription for a privacy disaster.

With all the current economic, political, social and diplomatic issues facing the country, it is understandable that many Americans seem relatively unconcerned about intrusions on individual privacy. They shouldn't be. The unauthorized search of my family's emails was triggered when we appealed to law enforcement for protection. But who knows what else might set off governmental invasion of privacy—politics or some other improper motivation might suffice. If this could happen to us, it could happen to you.
Not only does this sort of behavior chill speech and make a mockery of the Fourth Amendment, it also makes the country -- and its citizens -- less safe. If people have to think twice before asking law enforcement or investigative agencies to look into possible criminal activity out of fear of having their own personal information sifted through or subjected to months of intrusive surveillance, they may opt to ignore the problem or take matters into their own hands. Either outcome is undesirable.

The NSA has made many placating statements about how it's limited by its authorizations, rather than its capabilities. These have never been particularly reassuring, and are even less so now, as its investigative counterpart appears more than willing to twist requests for help into invitations to snoop.





Reader Comments (rss)

(Flattened / Threaded)

  1.  
    identicon
    FBI, Nov 8th, 2013 @ 10:25am

    It's okay the NSA said we could.

     

    reply to this | link to this | view in thread ]

  2.  
    identicon
    Anonymous Coward, Nov 8th, 2013 @ 10:51am

    Re:

    You mean, that "Congress", "President of US", & "The Supreme Court" has all stated that they can do what they want.

    I do not see Congress doing anything but holding meetings.
    I do not see the President doing anything at all.
    I do not see SCOTUS rejecting evidence collected or (mis)appropriated through these shady apparatuses and allowing such evidence to be presented.

    One must ask... why even bother collecting anything? At this point you can't trust any evidence provided by the government because it "accuracy" or "truthfulness" is now a major concern.

    I wonder when people will wake up? Maybe never.

     

    reply to this | link to this | view in thread ]

  3.  
    identicon
    NSA, Nov 8th, 2013 @ 10:51am

    Re:

    Confirmed. The invasion of privacy is both authorized and legal. The DOJ said we could.

     

    reply to this | link to this | view in thread ]

  4.  
    identicon
    Anonymous Coward, Nov 8th, 2013 @ 10:54am

    People should always think twice before asking law enforcement to help with anything .. I always thought that Tackleberry shooting the kitten out of a tree was funny until I heard about the Sheriffs shooting the schizophrenic out of the bathroom.

     

    reply to this | link to this | view in thread ]

  5.  
    icon
    Transmitte (profile), Nov 8th, 2013 @ 10:55am

    Founding Fathers - 0
    J.Edgar Hoover - 1

     

    reply to this | link to this | view in thread ]

  6.  
    identicon
    Anonymous Coward, Nov 8th, 2013 @ 11:01am

    this behavior is about par for the cause. name one US security agency that doesn't think it has 'carte blanche' to do what it wants etc etc. they all think the world will suddenly end if they dont get in first to fuck it up instead and never give a toss about those involved, the innocent especially.

     

    reply to this | link to this | view in thread ]

  7.  
    identicon
    Anonymous Coward, Nov 8th, 2013 @ 11:57am

    So you wanna AD-VO-CATE

    Jill Kelley writes in the Wall Street Journal that she is now “motivated” ”to be an advocate”.

    Man, this is classic. Classic FBI cointelpro. That bitch is owned.

    So she going to AD-VO-CATE. She going to become a LEADER in the MOVEMENT.

    Shit.

    Just don't tell her any secrets. That bitch probably wears a wire when she has sex.

     

    reply to this | link to this | view in thread ]

  8.  
    identicon
    Anonymous Coward, Nov 8th, 2013 @ 1:22pm

    Do you maybe see a chain of mere co-incidence in all this?

    The NSA is already doing 3 hop investigations. The FBI sees no need in there being any personal privacy to be respected.

    There are license plate readers where ever you go. Cameras to view you the citizen as you go about your daily business are also wide spread. State police in several states are legally cleared to download the entire contents of your cell phone at a road side stop. So when do we start hearing about the local boys in blue in this data stealing free for all?

    If ever there was a demonstration of just why the surveillance state needs reigned in and muzzled, it is all around us. Our government agencies have become rabid creatures, completely out of control.

     

    reply to this | link to this | view in thread ]

  9.  
    identicon
    Ralph Morton, Nov 8th, 2013 @ 2:02pm

    Jill Kelley had a lot more to worry about than FBI snooping. Read many of the articles in her local paper about both she and her sister's social climbing efforts, her purportedly bogus charity that she and her doctor husband ran, and their current efforts to try and slip out from under a foreclosure on a million dollar+ house.

    http://tbo.com/section/search?text=Jill+kelley&x=-1303&y=-42

     

    reply to this | link to this | view in thread ]

  10.  
    identicon
    Anonymous Coward, Nov 8th, 2013 @ 3:53pm

    I'm gonna buy me a small plot in the Montana or Idaho mountains, build a cabin INTO the mountain and stock it with everything I need to survive for a year or so. This country is going to hell in a handbasket. I think the survivalists are right. It's gonna get ugly SOON!

     

    reply to this | link to this | view in thread ]

  11.  
    icon
    Matthew Cline (profile), Nov 8th, 2013 @ 6:00pm

    It looks as if the FBI is way too willing to extend itself permissions that haven't been specifically granted. Maybe the investigating agents felt Kelley meant to give the agency carte blanche access to her and her husband's email accounts, but was unable to articulate her desire to have her privacy violated thanks to the stress she was under.
    The reason is simple: she forgot to say "Simon says".

     

    reply to this | link to this | view in thread ]

  12.  
    identicon
    Anonymous Coward, Nov 9th, 2013 @ 7:49am

    Re:

    I asked about how long till the boys in blue are data stealing and today that was answered.

    http://www.thestranger.com/seattle/you-are-a-rogue-device/Content?oid=18143845

     

    reply to this | link to this | view in thread ]

  13.  
    identicon
    V, Nov 11th, 2013 @ 8:25am

    Re:

    Well obviously she should have invoked her fourth amendment rights "clearly and unequivocally".

    http://www.techdirt.com/articles/20130827/09282724323/

    As the Texas courts made clear, you don't have rights unless you invoke them.

     

    reply to this | link to this | view in thread ]

  14.  
    identicon
    geral, Dec 6th, 2013 @ 10:17am

    nwo

    Overthrown government of usa now controlled by very dangerous and murderous thugs (*beasts) of fbi/CIA/homeland security.

    http://lissakr11humane.com/2012/09/08/collapse-of-the-constitutional-government-of-the-united-states -of-america-by-geral-sosbee/

    high tech torture, ELF, by low minded thugs of fbi:

    http://rudy2.wordpress.com/ex-fbi-agent-geral-sosbees-testimony-in-various-languages/

    http://rudy 2.wordpress.com/brain-and-satellite-surveillance/



    *'Veterans Today', Dr. Preston James on usa corruption & fbi murderous evil:


    http://www.veteranstoday.com/2013/11/28/alien-ets-hybrids-and-911/

     

    reply to this | link to this | view in thread ]


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