http://www.cnn.com/2006/US/06/20/police.phonedata.ap.ap/index.htmlWASHINGTON (AP) -- Federal and local police across the country -- as well as some of the nation's best-known companies -- have been gathering Americans' phone records from private data brokers without subpoenas or warrants.
These brokers, many of whom market aggressively across the Internet, have broken into customer accounts online, tricked phone companies into revealing information and sometimes acknowledged that their practices violate laws, according to documents obtained by The Associated Press.
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Those using data brokers include agencies of the Homeland Security and Justice departments -- including the FBI and U.S. Marshals Service -- and municipal police departments in California, Florida, Georgia and Utah. Experts believe hundreds of other departments frequently use such services
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The police agencies told AP they used the data brokers because it was quicker and easier than subpoenas, and their lawyers believe their actions did not violate the Fourth Amendment's guarantee against unlawful search and seizure.
Some agencies, such as Immigration and Customs Enforcement, instructed agents to stop the practice after congressional inquiries. Police in Orem, Utah, likewise plan to end the practice because of concerns about "questionable methods" used by the data brokers, Lt. Doug Edwards said.
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"This is pernicious, an end run around the Fourth Amendment," said Marc Rotenberg, head of the Washington-based Electronic Privacy Information Center, which advocates tougher federal regulation of data brokers. "The government is encouraging unlawful conduct; it's not smart on the law enforcement side to be making use of information obtained improperly."
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