They have the technical capability.And the NSA uses it.
In a recent interview about the Boston Marathon investigation, former FBI counterterrorism agent Tim Clemente shocked CNN’s Erin Burnett when he nonchalantly revealed that the government could listen in on past phone conversations between suspect Tsarnaev and his wife, or indeed any Americans. When CNN dragged him back in the next day for follow-up questioning, he stuck to his guns, adding that “all digital communications” are recorded and stored, and that “no digital communication is secure.”
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