>> reporter: here are some facts gathered by the aclu from justice department document. between 2009 and 2011 the number of orders for surveillance went up 60%. e-mails and network data, while smaller in number, increased by 361%. this type of information used to be gathered from devices attached right to the telephone but now, it can easily be retrieved by the phone company internally. aclu says it is done without a judge considering merits of the case. but the department of justice fired back saying in a statement, in every instance cited here the federal judge authorized law enforcement activity as criminals increasingly use new and sophisticated technologies use of orders used by a judge and strictly authorized by congress is essential for law enforcement to carry out its duty and to protect the public and investigate