FBI to access our Internet data w/o probable cause?

The new rule wouldn’t reach the content of e-mail messages, but it would let them find out whom you’re e-mailing, when you’re e-mailing, and, er, “possibly” which websites you’re looking at and which Google searches you’re running.

Senior administration officials said the proposal was prompted by a desire to overcome concerns and resistance from Internet and other companies that the existing statute did not allow them to provide such data without a court-approved order. “The statute as written causes confusion and the potential for unnecessary litigation,” Justice Department spokesman Dean Boyd said. “This clarification will not allow the government to obtain or collect new categories of information, but it seeks to clarify what Congress intended when the statute was amended in 1993.”…

Administration officials noted that the act specifies in one clause that Internet and other companies have a duty to provide electronic communication transactional records to the FBI in response to a national security letter.
But the next clause specifies only four categories of basic subscriber data that the FBI may seek: name, address, length of service and toll billing records. There is no reference to electronic communication transactional records.
The officials said the transactional information at issue, which does not include Internet search queries, is the functional equivalent of telephone toll billing records, which the FBI can obtain without court authorization. Learning the e-mail addresses to which an Internet user sends messages, they said, is no different than obtaining a list of numbers called by a telephone user.

They can be more revealing, of course: A call made to a pay phone won’t identify who’s on the other end of the line whereas an e-mail sent to an address that contains someone’s name tells you right away whom it’s meant for. But of course, the opposite scenario’s also possible: A call made to someone’s home phone or cell phone points to the identity of the recipient whereas a message sent to an e-mail address with no identifying info in the address reveals little at first glance about who owns it. Exit question: Should e-mail identifiers be given greater protection? And if so, is that simply in order to draw a line on the slope before the feds slip any further downward?