FBI also spies on home soil for military, documents show; Much information acquired without court order

The Federal Bureau of Investigation has been routinely monitoring the e-mails, instant messages and cell phone calls of suspects across the United States – and has done so, in many cases, without the approval of a court.

Washington Post Story

The military is using the FBI to skirt legal restrictions on domestic surveillance to obtain private records of Americans’ Internet service providers, financial institutions and telephone companies, according to Pentagon documents.

The American Civil Liberties Union expressed outrage at the new revelations, based its conclusion on a review of more than 1,000 documents turned over by the Defense Department after it sued the agency last year for documents related to national security letters, or NSLs, investigative tools used to compel businesses to turn over customer information without a judge’s order or grand jury subpoena.

Five years ago, Congress killed an experimental Pentagon antiterrorism program meant to vacuum up electronic data about people in the U.S. to search for suspicious patterns. Opponents called it too broad an intrusion on Americans’ privacy, even after the Sept. 11 terrorist attacks.

But the data-sifting effort didn’t disappear. The National Security Agency, once confined to foreign surveillance, has been building essentially the same system.

Several thousand law enforcement agencies are creating the foundation of a domestic intelligence system through computer networks that analyze vast amounts of police information to fight crime and root out terror plots.

As federal authorities struggled to meet information-sharing mandates after the Sept. 11, 2001, terrorist attacks, police agencies from Alaska and California to the Washington region poured millions of criminal and investigative records into shared digital repositories called data warehouses, giving investigators and analysts new power to discern links among people, patterns of behavior and other hidden clues.

The FBI has awarded a nearly $1 billion contract to Lockheed Martin to help create a massive computer database of people’s physical characteristics as part of an effort to better identify criminals and terrorists.

The overall deal is worth between $850 million to $1 billion and could run as long as 10 years, said Thomas Bush, the FBI’s assistant director of the Criminal Justice Information Services Division.