EFF Files Brief to Reveal the DEA's Secret Use of Electronic Surveillance in Criminal CasesSubmitted by Garan on Fri, 10/25/2013 - 13:03
Given the recent revelations about just how pervasive the government's electronic surveillance has been, it's no surprise these surveillance programs are popping up in criminal cases, as defense attorneys are finding gaps in how the government collected particular pieces of electronic evidence on their clients. A new amicus brief we filed today with the ACLU and the ACLU of Northern California in a drug case in San Francisco federal district court asks the court to order the government to fill these gaps.
The case involves 20 co-defendants charged with transporting and distributing drugs from San Francisco to Seattle. During the investigation, the government obtained records on over 700,000 phone calls made by more than 600 different phone numbers, including records such as numbers dialed or dialing in, the date, time and duration of the calls, and in some cases location information. Yet despite the sheer volume of calls at issue, the government produced to the defense attorneys court orders authorizing collection on only 52 of these phone numbers. The enormous discrepancy between the call data actually collected and the court orders authorizing the collection raises serious questions about whether the government took advantage of the controversial surveillance programs recently leaked to the press.