-------- Original Message -------- Subject: RE: [Politech] Bernie S on Feds, key logging,and double standards [priv] Date: Fri, 26 Mar 2004 09:58:41 -0800 From: Kevin Bankston @ EFF <bankston@private> To: Declan McCullagh <declan@private> Declan--the likely difference is that in Scarfo, the keylogger did not log keys while the bugged computer was connected to the Internet, hence no "communications" were "intercepted." Presumably, although the article does not say, the keylogger in the present case was active while the computer was connected to the Internet, or at least an internal corporate network. -- Kevin S. Bankston Attorney, Equal Justice Works / Bruce J. Ennis Fellow Electronic Frontier Foundation 454 Shotwell Street San Francisco, CA 94110 ph: (415) 436-9333 x126 / fx: (415) 436-9993 bankston@private / www.eff.org -------- Original Message -------- Subject: RE: [Politech] Bernie S on Feds, key logging,and double standards [priv] Date: Fri, 26 Mar 2004 11:24:49 -0500 From: Ted Bridis <TBridis@private> To: Declan McCullagh <declan@private> >>The Feds claimed their keystroke logger in the Scarfo case was *not* a wiretapping device, (they'd failed to get a wiretap warrant) yet they charged this guy with violating wiretapping laws for using a keylogger. It would be interesting to know what the differences are between these keyloggers are, and why using only one of them constitutes "wiretapping."<< The FBI's successful argument was that its keystroke logger (the so-called "KLS") in the Scarfo case didn't require a Title III warrant because it only captured keystrokes when he was offline (the FBI needed his PGP passphrase). The KLS was designed to query the status of the com port on Scarfo's computer and only recorded keystrokes when the port was inactive (ie, when the modem wasn't in use). "The FBI, as part of the KLS deployed in the instant investigation, did not install and operate any component which would search for and record data entering or exiting the computer from the transmission pathway through the modem attached to the computer.... For example, if Scarfo was online, the modem would be on and the keystroke capture component would, by default, not record keystrokes." Ropp was indicted "on a single count of endeavoring to intercept electronic communications, a violation of the federal wiretap statute." The $90 Key Katcher that Ropp allegedly used wasn't as fancy as the FBI's. Also, ulike the commercial version, the FBI's KLS fits inside the PC case out of sight -- "this component was imbedded into Scarfo's computer in such a way as to conceal its very existence amidst other pre-existing elements of the computer." See http://www.epic.org/crypto/scarfo/murch_aff.pdf -------- Original Message -------- Subject: Re: [Politech] Bernie S on Feds, key logging, and double standards [priv] Date: Mon, 29 Mar 2004 11:37:33 -0500 From: Jack Reed <jr0280@private> To: Declan McCullagh <declan@private> Declan, The government's defense in Scarfo was done in chambers and there is very little on record about what they did. The summary they made available indicated that they *never* had the keylogger working when Scarfo went online. They said they only used it when he typed in his PGP passphrase and then shut it off quickly before he connected to the internet. They argued that since they were not intercepting any wire transmissions, only transmissions on his personal computer, that a wiretapping warrant was not necessary. Now, you and your readers may wonder how the Feds pulled off this magic trick. Since they convinced the judge that making such information public could harm current investigations they got a pass on explaining their sleight of hand. I've been very curious to find out how they pulled this off but I don't imagine they're planning on going public with that anytime soon. The guy who installed the keystroke logger on his boss's computer was intercepting data that was going over the internet which is why he can be charged under the wiretapping statute. The FBI should have gotten their case thrown out but they used the "if only you knew but we know" argument and it was persuasive. --Jack -------- Original Message -------- Subject: Re: [Politech] Bernie S on Feds, key logging, and double standards [priv] Date: Fri, 26 Mar 2004 15:53:42 -0500 From: Valdis.Kletnieks@private To: Declan McCullagh <declan@private> CC: politech@private References: <406413DC.7080100@private> On Fri, 26 Mar 2004 06:28:28 EST, Declan McCullagh <declan@private> said: > The Feds claimed their keystroke logger in the Scarfo case was *not* a > wiretapping device, (they'd failed to get a wiretap warrant) yet they > charged this guy with violating wiretapping laws for using a keylogger. It > would be interesting to know what the differences are between these > keyloggers are, and why using only one of them constitutes "wiretapping." The Feds went to excruciating lengths to make sure that their device never captured an online keystroke. http://www.epic.org/crypto/scarfo/murch_aff.pdf (part of a larger Scarfo collection at http://www.epic.org/crypto/scarfo.html) _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
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