FBI Must Reveal Computer Snooping

[Subcommander Bob]

Heh, the cut-out at the local computer store who has been working for
the Feebs, adding a little extra free hardware, is going to need a quick
change of address...




http://dailynews.yahoo.com/h/nm/20010807/ts/crime_surveillance_dc_1.html

FBI Must Reveal Computer Snooping
        Technique -Judge

        NEWARK, N.J. (Reuters) - A federal judge on Tuesday ordered the
        government to reveal the high-tech computer snooping technique
used
        by the FBI (news - web sites) to gather evidence against an
alleged
        mobster.

        In a case that privacy advocates say smacks of Big Brother, U.S.

        District Judge Nicholas Politan ruled that the government must
reveal
        the details of the computer monitoring system it used to gather
evidence
        against Nicodemo Scarfo Jr., who is charged with running illegal

        gambling and loan-sharking operations for the Gambino crime
family.

        Scarfo is the son of imprisoned mobster Nicodemo ``Little
Nicky''
        Scarfo.

        The case is believed to be the first in the nation in which
federal agents
        installed a secret surveillance system in a personal computer
system
        under search warrant, and the first to be tested in U.S. courts.

        The FBI recorded virtually every keystroke made on Scarfo's
        computer at his Belleville, New Jersey, business, including
passwords,
        using a ``key logger'' device.

        Whether the system is hardware or software is unknown, prompting
a
        motion by Scarfo's attorneys to reveal its makeup so they could
have it
        analyzed and make a case to suppress the evidence it gathered.

        Politan ruled that in order to decide the lawfulness of the
government
        surveillance, he must see a full report on how the device works,

        imposing an Aug. 31 deadline.

        ``In this new age of rapidly evolving technology, the court
cannot make
        a determination as to the lawfulness of the government's search
...
        without knowing specifically how the search was effectuated,''
he
        wrote.

        ``This requires an understanding of how the key logger device
        functions. In most, if not all search and seizure cases, the
court ...
        understands the particular method by which the search is
executed. ...
        Because of the advanced technology used the court does not have
the
        benefit of such an understanding.''

        The government argued that revealing the workings of the system
might
        jeopardize national security and endanger FBI personnel and
those
        working with them.

        Politan gave the government 10 days to provide additional
evidence as
        to why revealing the technology would endanger ongoing
investigations
        and later national security operations.