http://www.sunherald.com/mld/sunherald/news/politics/6948037.htm PETE YOST Associated Press Oct. 06, 2003 WASHINGTON - The Justice Department said Monday the FBI didn't follow proper procedure when it notified reporters their notes might be subpoenaed in the case against a hacker accused of breaking into The New York Times' computer system. The department said the correct procedure is to seek material from reporters only after other investigative steps have been exhausted, and that subpoenas are to be used only as a last resort. "There are very few instances in which media subpoenas are granted," said Justice Department spokesman Mark Corallo. "In this case, as in any case, we expect the investigators to exhaust all other avenues before they seek approval for any subpoena or any formal requests for records." The FBI agent did not notify the U.S. attorney in Manhattan and did not go through proper channels at the Justice Department, according to a Justice official, who spoke only on condition of anonymity. The comments came after the FBI notified 13 reporters that it might subpoena their records regarding Adrian Lamo, 22, who is charged with accessing a database at the Times containing home telephone numbers and Social Security numbers for more than 3,000 contributors to the Times' op-ed page. He also is accused of setting up five fictitious names and passwords that were then used to conduct more than 3,000 searches on LexisNexis over three months, incurring $300,000 in charges, the complaint states. The Sept. 19 letters from the FBI direct Associated Press reporter Ted Bridis and other reporters to preserve any documents pertaining to Lamo, stating that the request is in anticipation of an order requiring materials to be turned over to federal law enforcement authorities. An Internet publication, SecurityFocus Online, wrote a story more than a year and a half ago quoting Lamo as acknowledging accessing the Times' computer system. The story said Lamo notified the Times of the vulnerabilities through a SecurityFocus reporter. The AP's Bridis wrote a story about Lamo 16 months ago regarding a subpoena to MSNBC that demanded a reporter's notes of any conversations with Lamo about the computer break-in at the Times. Other AP stories have quoted Lamo on the subject of computer hacking. Two weeks ago, Lamo was released on $250,000 bail and ordered by a federal judge to remain at his parents' home in California until his case is resolved. He is permitted to use a computer only to search for a job or education opportunities. - ISN is currently hosted by Attrition.org To unsubscribe email majordomo@private with 'unsubscribe isn' in the BODY of the mail.
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