By Steven Hsieh for The Stranger - It’s now easier than ever for cops to snoop on Americans without their knowledge. Using technology known as pen registers and trap and trace devices, law enforcement can collect a wealth of data on internet and cell phone users, including who they call and email and what websites they visit. Through a federal law called the Stored Communications Act, police agencies can also force tech companies to hand over online communications records telling them all kinds of personal information. All it takes to conduct electronic surveillance is a court order. Notably, pen register and trap and trace requests require a lower burden of proof than wiretaps, for which cops need a warrant. Rather than showing probable cause, police only need to demonstrate that the personal data they’re requesting is somehow relevant to a criminal investigation. On top of that, under current court practices, it’s impossible to know how often judges grant electronic surveillance requests—much less how cops justify their surveillance, the forms of electronic surveillance permitted, and the companies compelled to assist with that surveillance. Federal court records related to electronic surveillance requests are filed under seal, and in many instances, they’re kept that way indefinitely. Even after police wrap up whatever criminal investigation they cited as a basis for their snooping. Law enforcement conducts Internet and cell phone surveillance under complete secrecy, free from public scrutiny that could prevent them from abusing this power.
