>From - Sat Mar 02 00:57:16 2024
Received: by 10.35.9.2 with SMTP id m2mr2846423pyi.1166236171094;
Fri, 15 Dec 2006 18:29:31 -0800 (PST)
Return-Path: <NoPosit..._at_aol.com>
Received: from imo-d20.mx.aol.com (imo-d20.mx.aol.com [205.188.139.136])
by mx.google.com with ESMTP id a28si953870pye.2006.12.15.18.29.30;
Fri, 15 Dec 2006 18:29:31 -0800 (PST)
Received-SPF: pass (google.com: domain of NoPosit..._at_aol.com designates 205.188.139.136 as permitted sender)
Received: from NoPosit..._at_aol.com
by imo-d20.mx.aol.com (mail_out_v38_r7.6.) id r.c6f.6736882 (41811)
for <TSCM-..._at_googlegroups.com>; Fri, 15 Dec 2006 21:29:26 -0500 (EST)
From: NoPosit..._at_aol.com
Message-ID: <c6f.6736882.32b4b404_at_aol.com>
Date: Fri, 15 Dec 2006 21:29:24 EST
Subject: Authorities can convert cell phones into 'roving bugs'
To: TSCM-L2006_at_googlegroups.com
MIME-Version: 1.0
Content-Type: multipart/alternative; boundary="-----------------------------1166236164"
X-Mailer: 9.0 for Windows sub 5125
X-Spam-Flag: NO
-------------------------------1166236164
Content-Type: text/plain; charset="US-ASCII"
Content-Transfer-Encoding: 7bit
Friday, December 15, 2006
Kevin Coughlin
Newhouse News Service
It should come as no surprise that cell phone calls may be tapped by law
enforcement.
But authorities also can eavesdrop on mobile phones even when the devices are
not making calls.
The FBI converted the Nextel cell phones of two alleged New York mobsters
into "roving bugs" - microphones that relayed conversations when the phones
seemed to be inactive, according to recent court documents.
Authorities won't reveal how they did this, but a countersurveillance expert
says Nextel, Motorola Razr and Samsung 900 series cell phones can be
reprogrammed over the air, using methods meant for delivering upgrades and maintenance.
It's called "flashing the firmware," said James M. Atkinson, a consultant for
the Granite Island Group in Massachusetts.
"These are very powerful phones, but all that power comes with a price. By
allowing ring tones and stock quotes and all this other stuff, you also give
someone a way to get into your phones," Atkinson said.
Privacy advocates call such use of roving bugs intrusive and illegal. Web
cams and microphones on home computers soon may be fair game for remote-control
gumshoes, too, they fear.
"This is a kind of surveillance we've never really seen before. The
government can and will exploit whatever technology is available to achieve their
surveillance goals. This is of particular concern, considering the proliferation of
microphones and cameras in the products we own," said Kevin Bankston, a
lawyer for the Electronic Frontier Foundation. Converting mobile phones into
stealth microphones violates the Fourth Amendment protection against overly broad
searches, Bankston contends.
Hackers probably can pull this off as well, said Lauren Weinstein, who first
warned of the possibility in 1999 on his online Privacy Forum.
The roving bugs came to light last month in an opinion by U.S. District Judge
Lewis Kaplan in New York.
Kaplan's opinion, reported online by CNET, upheld FBI bugging of cell phones
used by John "Buster" Ardito, a reputed high-ranking member of the Genovese
crime family, and his lawyer and associate, Peter Peluso.
A listening device installed in Ardito's phone "functioned whether the phone
was powered on or off, intercepting conversations within its range wherever it
happened to be," Kaplan wrote.
Investigators got permission from another judge in 2003, after learning
Ardito's associates had discovered FBI bugs planted in restaurants where they
gathered.
A spokeswoman for the U.S. attorney's office in the Southern District of New
York declined to comment because the case is ongoing.
FBI spokesman James Margolin said the bureau's use of roving bugs is
monitored closely by the courts.
"The operative thing for any concerned citizen is, we only do this when we
get authorization from the judiciary, when we meet the probable-cause
threshold," Margolin said.
Legally, he said, bugging cell phones differs little from placing microphones
"in a chair or a wall or behind a picture."
"It's not a situation where we just turn the tape on and we gather
everything," Margolin said. "By law, we only listen to what the warrant authorizes us to
listen to."
Margolin declined to say if an eavesdropping device actually was planted in
Ardito's mobile phone or if agents remotely programmed the phone for real-time
eavesdropping or for recording audio to transmit at specified times.
"For obvious reasons, we don't discuss what we are or are not capable of
doing, technologically," Margolin said.
Sprint Nextel spokesman Mark Elliott said the company cooperates with
authorities when they have warrants and subpoenas.
"In this case, we were not aware of any investigation and were not asked to
participate," Elliott said.
Samsung spokesman Jose Cardona said he had not heard of any privacy issues
with 900 series phones.
Nextel phones are made by Motorola, which also makes the popular Razr.
Motorola spokeswoman Molly Sheehan said that company's phones were not designed or
intended to violate privacy rights or laws, "and Motorola neither supports nor
condones such use." She referred further questions to the FBI.
-------------------------------1166236164
Content-Type: text/html; charset="US-ASCII"
Content-Transfer-Encoding: quoted-printable
<HTML><HEAD>
<META charset=3DUS-ASCII http-equiv=3DContent-Type content=3D"text/html; ch=
arset=3DUS-ASCII">
<META content=3D"MSHTML 6.00.2900.3020" name=3DGENERATOR></HEAD>
<BODY style=3D"FONT-SIZE: 10pt; FONT-FAMILY: Arial; BACKGROUND-COLOR: #ffff=
ff">
<DIV class=3Dfstory>
<DIV class=3Dkicker><B></B></DIV>
<H1 class=3Dred> Friday, December 15, 2006 </H1>
<DIV class=3Dbyln>
<DIV>Kevin Coughlin</DIV><B>Newhouse News Service</B> </DIV>
<P>It should come as no surprise that cell phone calls may be tapped by law=
enforcement. </P>
<P>But authorities also can eavesdrop on mobile phones even when the device=
s are not making calls. </P>
<P>The FBI converted the Nextel cell phones of two alleged New York mobster=
s into "roving bugs" - microphones that relayed conversations when the phon=
es seemed to be inactive, according to recent court documents. </P>
<P>Authorities won't reveal how they did this, but a countersurveillance ex=
pert says Nextel, Motorola Razr and Samsung 900 series cell phones can be r=
eprogrammed over the air, using methods meant for delivering upgrades and m=
aintenance. It's called "flashing the firmware," said James M. Atkinson, a =
consultant for the Granite Island Group in Massachusetts. </P>
<P>"These are very powerful phones, but all that power comes with a price. =
By allowing ring tones and stock quotes and all this other stuff, you also =
give someone a way to get into your phones," Atkinson said. </P>
<P>Privacy advocates call such use of roving bugs intrusive and illegal. We=
b cams and microphones on home computers soon may be fair game for remote-c=
ontrol gumshoes, too, they fear. </P>
<P>"This is a kind of surveillance we've never really seen before. The gove=
rnment can and will exploit whatever technology is available to achieve the=
ir surveillance goals. This is of particular concern, considering the proli=
feration of microphones and cameras in the products we own," said Kevin Ban=
kston, a lawyer for the Electronic Frontier Foundation. Converting mobile p=
hones into stealth microphones violates the Fourth Amendment protection aga=
inst overly broad searches, Bankston contends. </P>
<P>Hackers probably can pull this off as well, said Lauren Weinstein, who f=
irst warned of the possibility in 1999 on his online Privacy Forum. </P>
<P>The roving bugs came to light last month in an opinion by U.S. District =
Judge Lewis Kaplan in New York. </P>
<P>Kaplan's opinion, reported online by CNET, upheld FBI bugging of cell ph=
ones used by John "Buster" Ardito, a reputed high-ranking member of the Gen=
ovese crime family, and his lawyer and associate, Peter Peluso. </P>
<P>A listening device installed in Ardito's phone "functioned whether the p=
hone was powered on or off, intercepting conversations within its range whe=
rever it happened to be," Kaplan wrote. </P>
<P>Investigators got permission from another judge in 2003, after learning =
Ardito's associates had discovered FBI bugs planted in restaurants where th=
ey gathered. </P>
<P>A spokeswoman for the U.S. attorney's office in the Southern District of=
New York declined to comment because the case is ongoing. </P>
<P>FBI spokesman James Margolin said the bureau's use of roving bugs is mon=
itored closely by the courts. </P>
<P>"The operative thing for any concerned citizen is, we only do this when =
we get authorization from the judiciary, when we meet the probable-cause th=
reshold," Margolin said. </P>
<P>Legally, he said, bugging cell phones differs little from placing microp=
hones "in a chair or a wall or behind a picture." </P>
<P>"It's not a situation where we just turn the tape on and we gather every=
thing," Margolin said. "By law, we only listen to what the warrant authoriz=
es us to listen to." </P>
<P>Margolin declined to say if an eavesdropping device actually was planted=
in Ardito's mobile phone or if agents remotely programmed the phone for re=
al-time eavesdropping or for recording audio to transmit at specified times=
. </P>
<P>"For obvious reasons, we don't discuss what we are or are not capable of=
doing, technologically," Margolin said. </P>
<P>Sprint Nextel spokesman Mark Elliott said the company cooperates with au=
thorities when they have warrants and subpoenas. </P>
<P>"In this case, we were not aware of any investigation and were not asked=
to participate," Elliott said. </P>
<P>Samsung spokesman Jose Cardona said he had not heard of any privacy issu=
es with 900 series phones. </P>
<P>Nextel phones are made by Motorola, which also makes the popular Razr. M=
otorola spokeswoman Molly Sheehan said that company's phones were not desig=
ned or intended to violate privacy rights or laws, "and Motorola neither su=
pports nor condones such use." She referred further questions to the FBI. <=
/P></DIV></BODY></HTML>
-------------------------------1166236164--
Received on Sat Mar 02 2024 - 00:57:16 CST