DISQUS

Counting Title III orders and counting FISA orders are not counting the same things. FISA orders include physical searches and pen-trap electronic surveillance; which are not included in the Title III data. FISA has also been expanded over the decades to include things which were probably already happening, but weren't included in the FISA order statistics.

In 2007, there were 457 federal Title III intercept orders authorized; and 33,632 federal search warrants authorized. In 2004 (the last year I could find publically), there were 5,922 federal pen register orders and 1,336 federal trap-trace orders. Of course, a single criminal case could have multiple court orders for any of those; and evidence may be used in more than once criminal case. In addition there are various types of subpoena powers available to criminal investigators to obtain records and information.

State court data is more difficult to find beyond Title III intercept orders, but state courts usually issue more orders of all types (physical searches, pen/trap, intercepts, etc).

I agree its important to keep a watchful eye on these things. But I suggest its also important to understand what is and is not being counted in different reports.

Would the converse also be true? If ISPs shouldn't be in "value added services," does that mean "value added service providers" should not be ISPs? Should Google have WiFi access in Mountain View, should Time-Warner own cable access around the country, should Earthlink be only an e-mail provider and not an access provider? Or is this trying to protect one favored set of companies from another favored set of companies?