http://www.wired.com/threatlevel/2010/12/realtime/


Feds Warrantlessly Tracking Americans' Credit Cards in Real Time
By Ryan Singel   December 2, 2010  |  5:06 pm  |  Categories: Surveillance


Federal law enforcement agencies have been tracking Americans in
real-time using credit cards, loyalty cards and travel reservations
without getting a court order, a new document released under a
government sunshine request shows.

The document, obtained by security researcher Christopher Soghoian,
explains how so-called "Hotwatch" orders allow for real-time tracking
of individuals in a criminal investigation via credit card companies,
rental car agencies, calling cards, and even grocery store loyalty
programs. The revelation sheds a little more light on the Justice
Department's increasing power and willingness to surveil Americans
with little to no judicial or Congressional oversight.

For credit cards, agents can get real-time information on a person's
purchases by writing their own subpoena, followed up by a order from a
judge that the surveillance not be disclosed. Agents can also go the
traditional route - going to a judge, proving probable cause and
getting a search warrant - which means the target will eventually be
notified they were spied on.

The document suggests that the normal practice is to ask for all
historical records on an account or individual from a credit card
company, since getting stored records is generally legally easy. Then
the agent sends a request for "Any and all records and information
relating directly or indirectly to any and all ongoing and future
transactions or events relating to any and all of the following
person(s), entitities, account numbers, addresses and other matters."
That gets them a live feed of transaction data.


DOJ powerpoint presentation on Hotwatch surveillance orders of credit
card transactions:
http://www.scribd.com/doc/44542244/DOJ-powerpoint-presentation-on-Hotwatch-s
urveillance-orders-of-credit-card-transactions


It's not clear what standards an agent would have to follow to get a
"Hotwatch" order. The Justice Department told Sogohian the document is
the only one it could find relating to "hotwatches" - which means
there is either no policy or the department is witholding relevant
documents.

The Justice Department did not return a call for comment.

Every year, the Justice Department does have to report to Congress the
numbers of criminal and national security wiretaps undertaken, as well
as the number of National Security Letters issued. Tens of thousands
of NSLs are issued yearly - most with gag orders that forbid ISPs or
librarians from ever saying they have ever been served with such a
subpoena.

But the Justice Department does not report or make public the number
of times it got real time or historic cell phone location information,
nor how often it is using these so-called "hotwatch" orders.




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