How the feds could have listened to Trump’s phone calls

However, there are still many ways in which information from Trump Tower phone calls could end up in the hands of intelligence agents — even without any knowledge on Obama’s part.

First, they may have come upon Trump Tower phone calls if a targeted foreign agent was on the other end of the line — this method comes from the Foreign Intelligence Surveillance Court. Or Trump Tower digital chatter might show up while digging through the vast quantities of data hoovered up via more sweeping foreign surveillance programs.

Second, the FBI could have also asked for a so-called “pen register” or “tap and trace device,” which only record the parties involved in a phone call. These requests have a lower bar for approval.

While it’s unknown if any of these scenarios occurred, it’s “very likely that the people in the Obama administration had access to the communication of senior Trump officials in the run-up to the election, because they have very, very broad authority,” said Cindy Cohn, executive director of the Electronic Frontier Foundation, which has advocated for revising surveillance laws.