(2010-12-04) Warrantless Realtime Transaction Tracking Hotwatch

*Federal law enforcement agencies have been tracking Americans in Real Time using Credit Card-s, loyalty cards and Travel Reservation-s without getting a Court Order, a new document released under a government sunshine request shows.

The document, obtained by security researcher Christopher Soghoian, explains how so-called “HotWatch” orders allow for real-time tracking of individuals in a criminal investigation via credit card companies, Rental Car agencies, calling cards, and even grocery store loyalty programs. The revelation sheds a little more light on the JusticeDepartment’s increasing power and willingness to surveil Americans with little to no judicial or Congressional oversight.

For credit cards, agents can get real-time information on a person’s purchases by writing their own subpoena, followed up by a order from a judge that the surveillance not be disclosed. Agents can also go the traditional route — going to a judge, proving probable cause and getting a search warrant — which means the target will eventually be notified they were spied on...

Every year, the Justice Department does have to report to Congress the numbers of criminal and national security wiretaps undertaken, as well as the number of National Security Letter-s issued. Tens of thousands of NSL-s are issued yearly — most with gag orders that forbid ISP-s or librarians from ever saying they have ever been served with such a subpoena. But the Justice Department does not report or make public the number of times it got real time or historic Cell Phone location information, nor how often it is using these so-called “HotWatch” orders.