Declan McCullagh has a detailed analysis of FBI Director Robert Mueller’s recent Congressional testimony in which he asked for greatly expanded surveillance powers. Currently the FBI has the technical ability to monitor just about everything that goes over the Internet, but they need to get a warrant (or a secret National Security Letter) in order to do so.

Mueller wants to convince the Internet Service Providers to change they Terms of Service to force their customers to “consent” to having the FBI monitor everything they do without a warrant. If the ISPs refuse (as they probably would for fear of lawsuits) then he wants Congress to pass legislation requiring it.

He justifies this by invoking the usual suspects (terrorism and cyberattacks) but of course the surveillance would be quickly extended to cover lesser crimes like copyright violation. It is amusing to imagine the FBI locking up millions of file sharers, but probably they would just prosecute a small number of people to serve as examples.