Background on U.S. v. Scarfo: http://www.politechbot.com/p-02356.html http://www.politechbot.com/p-02330.html ********* http://www.nj.com/news/ledger/index.ssf?/page1/ledger/140dc21.html Judge wants FBI to detail secret cyber 'wiretap' 2001-08-08 05:43:05 Judge wants FBI to detail secret cyber 'wiretap' BY ROBERT RUDOLPH STAR-LEDGER STAFF A federal judge in Newark ordered U.S. authorities yesterday to provide him with a confidential report describing how the FBI used top-secret technology to crack the computer files of a New Jersey mobster. The system, known as a "key-logger," enabled agents to crack an encryption code that reputed mobster Nicodemo Scarfo Jr. allegedly had used to protect his computerized gambling files from prying eyes. U.S. District Judge Nicholas H. Politan said he "harbors serious concerns" about the legality of the FBI's use of the system. And, he said, the agency's description of the technology is so shrouded in mystery, it "defies the human experience of this court." [...] But the mystery surrounding the system left Judge Politan clearly exasperated yesterday. "In this new age of rapidly evolving technology," Politan said, he "cannot make a determination as to the lawfulness" of the government actions until he knows how the system works. He gave the government 10 days to provide him with a detailed explanation of how the technology works and why it should not be made public during the course of the Scarfo trial. [...] ********* http://dailynews.yahoo.com/htx/nm/20010807/tc/crime_surveillance_dc_2.html FBI Must Reveal Computer Snooping Technique -Judge 2001-08-07 20:11:06 Tuesday August 7 6:28 PM ET 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 to gather evidence against an alleged mobster. [...] 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.'' [...] ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
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