Comments on: FISA Warrants vs. Criminal Warrants

By: eee_eff

eee_eff — Fri, 04 Jul 2008 15:02:44 +0000

Well, now that Halliburton has decided that their headquarters is in Dubai, I think the door is opened. Of course, that would be like the government spying on itself, right?

(Yes, I know that their official position is that the Houston and Dubai are both their dual Headquarters, but I'd say most people realize that's a cover.)

By: enigma_foundry

enigma_foundry — Fri, 04 Jul 2008 14:02:44 +0000

Well, now that Halliburton has decided that their headquarters is in Dubai, I think the door is opened. Of course, that would be like the government spying on itself, right?

(Yes, I know that their official position is that the Houston and Dubai are both their dual Headquarters, but I'd say most people realize that's a cover.)

By: Tim Lee

Tim Lee — Fri, 04 Jul 2008 13:42:30 +0000

Sean, those are great points that I hadn’t realized. Thanks for commenting!

By: Tim Lee

Tim Lee — Fri, 04 Jul 2008 12:42:30 +0000

Sean, those are great points that I hadn’t realized. Thanks for commenting!

By: Sean Donelan

Sean Donelan — Fri, 04 Jul 2008 00:51:05 +0000

Counting Title III orders and counting FISA orders are not counting the same things. FISA orders include physical searches and pen-trap electronic surveillance; which are not included in the Title III data. FISA has also been expanded over the decades to include things which were probably already happening, but weren't included in the FISA order statistics.

In 2007, there were 457 federal Title III intercept orders authorized; and 33,632 federal search warrants authorized. In 2004 (the last year I could find publically), there were 5,922 federal pen register orders and 1,336 federal trap-trace orders. Of course, a single criminal case could have multiple court orders for any of those; and evidence may be used in more than once criminal case. In addition there are various types of subpoena powers available to criminal investigators to obtain records and information.

State court data is more difficult to find beyond Title III intercept orders, but state courts usually issue more orders of all types (physical searches, pen/trap, intercepts, etc).

I agree its important to keep a watchful eye on these things. But I suggest its also important to understand what is and is not being counted in different reports.

By: Sean Donelan

Sean Donelan — Thu, 03 Jul 2008 23:51:05 +0000

In 2007, there were 457 federal Title III intercept orders authorized; and 33,632 federal search warrants authorized. In 2004 (the last year I could find publically), there were 5,922 federal pen register orders and 1,336 federal trap-trace orders. Of course, a single criminal case could have multiple court orders for any of those; and evidence may be used in more than once criminal case. In addition there are various types of subpoena powers available to criminal investigators to obtain records and information.

State court data is more difficult to find beyond Title III intercept orders, but state courts usually issue more orders of all types (physical searches, pen/trap, intercepts, etc).

I agree its important to keep a watchful eye on these things. But I suggest its also important to understand what is and is not being counted in different reports.