The Disturbing, Unchecked Rise of the Administrative Subpoena
BY DAVID KRAVETS
When Golden Valley Electric Association of rural Alaska got an administrative subpoena from the Drug Enforcement Administration in December 2010 seeking electricity bill information on three customers, the company did what it usually does with subpoenas it ignored them.
Thats the associations customer privacy policy, because administrative subpoenas arent approved by a judge.
But by law, utilities must hand over customer records which include any billing and payment information, phone numbers and power consumption data to the DEA without court warrants if drug agents believe the data is relevant to an investigation. So the utility eventually complied, after losing a legal fight earlier this month.
Meet the administrative subpoena (.pdf): With a federal officials signature, banks, hospitals, bookstores, telecommunications companies and even utilities and internet service providers virtually all businesses are required to hand over sensitive data on individuals or corporations, as long as a government agent declares the information is relevant to an investigation. Via a wide range of laws, Congress has authorized the government to bypass the Fourth Amendment the constitutional guard against unreasonable searches and seizures that requires a probable-cause warrant signed by a judge.
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http://www.wired.com/threatlevel/2012/08/administrative-subpoenas/