DOJ forced Apple to hand over customer call and message data without authorization

An official government report has concluded that the Trump-era Department of Justice (DOJ) did not obtain the required authorization before requesting data on customer phone calls and messages. apple and others.

Before issuing a gag order against Apple, it also failed to obtain authorization from the attorney general to prevent it from disclosing the fact that it was forced to hand over the patents. personal information …

background

In 2017, multiple media outlets used leaked information when reporting on contacts between Trump aides and Russian officials during the 2016 presidential campaign. Some of the leaked information was classified, prompting a Justice Department investigation.

As part of its investigation, the Justice Department used a variety of enforcement procedures, including subpoenas, search warrants and court orders, to request transcripts of calls and messages from reporters, congressional staffers and two members of Congress. Apple was one of the major companies forced to hand over the data and ordered not to disclose the fact that it had done so. In some cases, gag orders are extended multiple times for a total of four years.

Given the potential conflict between such investigations and press freedom, policies and procedures are in place to require high-level authorization before requesting data and imposing gag orders.

Report from the Office of the Inspector General

this Office of the Inspector General (OIG) conducted its own oversight investigation into whether appropriate steps were taken and concluded that the Justice Department acted against Apple and Google both before first requesting the data and before it requested the data.

We found that the department failed to convene a News Media Review Board to consider a request for mandatory process authorization; the department did not obtain the required Director of National Intelligence (DNI) certification in one investigation, and we were unable to confirm the DNI obtained in another investigation Whether certification was provided to the Attorney General prior to his authorization request; the Department did not obtain express authorization from the Attorney General for NDOs related to mandatory proceedings issued in investigations.

The OIG said it was troubled by the lapses and it was important that this not happen again.

enjet It pointed out that Apple did fight back at the time and instituted a new policy that only provided 25 “identification codes” (information such as phone numbers and email addresses) per request. The company emphasized that it did not turn over the photos, nor the text of the emails.

Apple releases regularly transparency report It provides data based on requests from governments around the world.

image: Office of the Inspector General