[ISN] FBI Didn't Follow Proper Procedures

From: InfoSec News (isn@private)
Date: Mon Oct 06 2003 - 23:09:54 PDT

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    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.
    
    
    
    
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