- An "exact duplicate" of all communications between Rosen's Gmail account and three named email accounts deemed of investigative interest, two of which were @yahoo.com and one @gmail.com. Specifically: all emails sent or received by Rosen to and from any of the three accounts, whether marked "cc," "bcc," "fwd," or "sent"; any deleted messages; messages maintained in the trash folder or other folders (i.e. drafts); and copies of attachments sent between Rosen and the three named accounts including videos, documents, and photographs.
- ALL communications sent to and from Rosen's Gmail account on 10-11 June 2009, from or to ANY address (i.e. not just the three named accounts). Specifically, as above, the FBI sought: messages marked "cc," "bcc," "fwd," or "sent"; any deleted messages; messages maintained in the trash folder or other folders (i.e. drafts); and attachments including videos, documents, and photographs.
- Screen names associated with Rosen's accounts, account numbers, status of accounts, dates of service, methods of any payment, telephone numbers, addresses, detailed billing records, histories and profiles.
- Log files from Rosen's account showing dates, times, methods of connecting, ports, dial-ups, IP addresses, and/or location from which he connected.
Monday, 3 June 2013
In recent weeks, there have been a series of controversies in the United States over the Justice Department snooping on journalists as part of aggressive investigations into leaks of classified information. The most egregious case involves Fox News reporter James Rosen, whose private emails were secretly obtained, his phone records grabbed, and his movements to and from a government building electronically tracked. Rosen sparked a leak investigation after he authored a story in 2009, based on US intelligence passed to him by an anonymous source, concerning possible nuclear tests in North Korea in response to United Nations sanctions. The case has attracted widespread coverage, and the extent of the monitoring of Rosen — and the FBI's accusation that he was "an aider, abettor and/or co-conspirator” who committed a crime for merely reporting news — has outraged media organisations. Some high-profile figures, including the lawyer James Goodale, have called for attorney general Eric Holder to resign for authorizing the surveillance. But one element of the Rosen case has been largely overlooked: that is, the role of Google in handing over Rosen's emails. That is a point made by WikiLeaks founder Julian Assange in an opinion piece for the New York Times published Sunday. "There has been little analysis of Google’s role in complying with the Rosen subpoena," Assange noted. I have been looking into this very issue in the past week, and so it seems like a good time to lay out what I've learned. In 2010, it emerged last month, Google was ordered to hand over Rosen's emails and other data as part of a search warrant signed off by magistrate judge Alan Kay. Here is a list of what Google was told to give the FBI from Rosen's Gmail account, according to court documents: