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When You Feel Southern States Communications, Inc., a company that manages e-mail, gives the Department of Justice unprecedented powers to compel communications companies — unlike those that are supposed to provide notice and make them listen — to hand over any personal information that a service provider needs to make sure customers’ data doesn’t connect to the service provider’s corporate headquarters. “A complete lack of clarity, oversight, transparency and control—constitutes a violation of Fourth Amendment fundamental rights enshrined in the U.S. Constitution during this administration,” the Justice Department said in a November letter.

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The new rules are put in place in response to alleged data breach (and information implicating over 50 government officials) obtained through targeted government spooks in 2009 and 2010. The guidance, signed by US Department of Justice Director James Comey, prohibits the bureau from retaining this contact form names, email addresses and phone numbers of anyone involved in such activity. “There may be cases in which disclosure to law enforcement and other law enforcement authorities may be necessary,” the D.C. government replied to TheDC’s request over the summer, but did not specify which cases it would accept.

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In response to the D.C. letter, the Department’s internal communications systems secretary issued a warning: “Your communications are in direct violation of the Fourth Amendment’s guarantee against unreasonable search and seizure…

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should your private conversations be privileged or confidential.” The guidance provides little that doesn’t confirm or deny the Department’s claims. It warns that, by relying on data to identify people — like location — government is capable of monitoring state intelligence. “If you use data or information to classify people into illegal, criminal or terrorism categories, we are the system,” says Christopher K. Miller, President of the Communications Division of the Federal Bureau of Investigation.

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He says the Justice Department’s requirement must come “at the very grave risk” of violating the Fourth Amendment’s protections. FBI Deputy Director John S. Kelly, a former top FBI agent, says he has no such concern. Former bureau chief Clancy O. Lewis, who served as bureau chief under then-FBI Director James D.

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Comey in the late 1990s, suggests the FBI’s communications data is about more than just a general warrantless wiretapping: “I think it’s a very broad focus area, to target all kinds of people for law enforcement purposes. But the number of people that are under surveillance is growing every day.” Citing a 2013 law, the U.S. Department of Justice notes that the FBI’s “records and disclosures to federal agencies for which a subpoena has been issued are collected under national civil rights rules.

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” The FBI says it “wants [its] collection and retention authority to be consistent with the government’s policy regarding privacy-based enforcement.” The agency’s rules also suggest that the government may use known and unverified intercept data to monitor social media behavior, rather than strictly restricting what information can and can’t be collected. The agency says its training is “completely minimal and never requires an understanding of the meaning of the term ‘interception by law enforcement.'” Agents are also required to preserve evidence that shows they or other government officials are attempting to glean criminal or terrorist information, to an extent allowed under federal law. Moreover, while many data that would be “equidistant from private information” — such as telephone numbers, email addresses or a variety of personal information — might run afoul