), which detailed the monitoring of another alleged hacker via Sabre. That order lasted for six months. The companies were also prohibited from disclosing the order until a court gave them permission.
The effectiveness of the subsequent surveillance remains uncertain. Not long after the orders, Burkov, who would later plead guilty to computer hacking and fraud charges in 2020, was arrested after a week’s vacation in Tel Aviv in late 2015, according to Israeli media, but no official claim has been made about how he was tracked as he traveled to the country. The Department of Justice declined to comment or provide further information.
The legality of using data-collection companies to snoop on individuals stems from the All Writs Act of 1789, which allows the government to ask for “non-burdensome” assistance from entities not directly related to a given investigation. The law kicked up controversy in 2015 when the FBI tried, and ultimately failed, to use it to.
“Too much about these types of warrants is hidden from the public,” said Jennifer Granick, surveillance and cybersecurity counsel at the ACLU. Collecting information about future travel that may have nothing to do with past criminal offenses “is particularly invasive and susceptible to abuse,” Granick said. “The police are capitalizing on private data collection to obtain revolutionary surveillance powers that are essentially unapproved and unsupervised by democratic processes.
Such surveillance has remained secret over the past decade, locked behind sealed orders. Thanks to lawsuits filed by, working with attorneys at the Reporters Committee for Freedom of the Press and members of the University of Virginia School of Law First Amendment Clinic, the shroud is being lifted, if only partially. The
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