Shirl told me of this case last night and I thought I would post this for discussion. I previously posted it as a news bucket entry, but the ramifications of this are such that I thought I should bring it out for discussion. What do you think about this case and the possibilities for the future, for us, for the country and so on? You just have to expect that this method is being used for more than just this one case.
FBI taps cell phone mic as eavesdropping tool
The FBI appears to have begun using a novel form of electronic surveillance in criminal investigations: remotely activating a mobile phone’s microphone and using it to eavesdrop on nearby conversations.
The technique is called a “roving bug,” and was approved by top U.S. Department of Justice officials for use against members of a New York organized crime family who were wary of conventional surveillance techniques such as tailing a suspect or wiretapping him.
What’s new:The FBI is apparently using a novel surveillance technique on alleged Mafioso: activating his cell phone’s microphone and then just listening.
Bottom line:While it appears this is the first use of the “roving bug” technique, it has been discussed in security circles for years.
Nextel cell phones owned by two alleged mobsters, John Ardito and his attorney Peter Peluso, were used by the FBI to listen in on nearby conversations. The FBI views Ardito as one of the most powerful men in the Genovese family, a major part of the national Mafia.
The surveillance technique came to light in an opinion published this week by U.S. District Judge Lewis Kaplan. He ruled that the “roving bug” was legal because federal wiretapping law is broad enough to permit eavesdropping even of conversations that take place near a suspect’s cell phone.
Kaplan’s opinion said that the eavesdropping technique “functioned whether the phone was powered on or off.” Some handsets can’t be fully powered down without removing the battery; for instance, some Nokia models will wake up when turned off if an alarm is set.,
This long article linked goes on to say the following:
Because modern handsets are miniature computers, downloaded software could modify the usual interface that always displays when a call is in progress. The spyware could then place a call to the FBI and activate the microphone–all without the owner knowing it happened. (The FBI declined to comment on Friday.)
“If a phone has in fact been modified to act as a bug, the only way to counteract that is to either have a bugsweeper follow you around 24-7, which is not practical, or to peel the battery off the phone,” Atkinson said. Security-conscious corporate executives routinely remove the batteries from their cell phones, he added.
