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story category The Legality Of FBI 'Full Pipe' Surveillance
'Is Congress even aware they're doing this?'
(old news - 04:03PM Tuesday Jan 30 2007)
tags: legal · privacy
Remember the privacy fears surrounding the FBI's Carnivore project? According to CNET's Declan McCullagh, that idea was nothing when compared to what's being done now. While Carnivore had a degree of specificity, law enforcement now uses a vacuum cleaner approach -- monitoring the traffic of entire swaths of IP addresses and then sorting through the mined data later. "The question that's interesting, although I don't know whether it's so clear, is whether this is illegal, whether it's constitutional," says Paul Ohm, a former trial attorney at the Justice Department's Computer Crime and Intellectual Property Section. "Is Congress even aware they're doing this? I don't know the answers."

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  4. Senators Push To Strip Telco Immunity
  5. Shocker: Informed Consumers Want Privacy, Not Tailored Ads
  6. Government Stalls Handover Of Telco Immunity Lobbying Records
  7. Court: Uncle Sam Must Hand Over Immunity Lobbying Docs
  8. EFF Wages War On Fine Print
Forums » The Legality Of FBI 'Full Pipe' Surveillance
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raye
Premium
join:2000-08-14
Orange, CA

A warrant is not needed?

Seems to me if there is evidence of terrorist communication in a specific band of IP addresses, obtaining a warrant would not be a problem if I am a U.S. citizen. Even if I am not, getting a warrant should be trivial. Not getting one is just plain lazy, to say the least

TKJunkMail
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Re: A warrant is not needed?

said by raye See Profile :

Seems to me if there is evidence of terrorist communication in a specific band of IP addresses, obtaining a warrant would not be a problem if I am a U.S. citizen. Even if I am not, getting a warrant should be trivial. Not getting one is just plain lazy, to say the least
They got the warrant and the collection is under court supervision:
It's employed when police have obtained a court order and an Internet service provider can't "isolate the particular person or IP address" because of technical constraints.

"In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception."

Downing, the assistant deputy chief at the Justice Department's computer crime section, pointed to that language on Friday. Because digital communications amount to a foreign language or code, he said, federal agents are legally permitted to record everything and sort through it later.

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MysticGogeta
The Robot Devil
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Of corse its illegal do they care? No.

They only do what most of us would do. Because its their job and they get paid just like every one else. Is it wrong? Yes but I believe sometimes its necessary to do things to prevent a terrorist or a psychotic killer or a sexual predator from running loose on the internet.
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ronpin
Imagine Reality

join:2002-12-06
Nirvana
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1 edit

Look at your Cell Phone...

Most of us carry an open mic for the FBI -- right in our shirt pockets. Turning on your cell phone remotely is trivial -- and AT&T has given the feds carte-blanche to do it anytime. 1984 was 20 years late. »news.com.com/2100-1029-6140191.html
--
America has been hijacked by selfish nationalist corporate pigs. The whole world hates us now. Have a nice day.
Cod

join:2000-07-05
Greensboro, NC

Re: Look at your Cell Phone...

said by ronpin See Profile :

Most of us carry an open mic for the FBI -- right in our shirt pockets. Turning on your cell phone remotely is trivial -- and AT&T has given the feds carte-blanche to do it anytime. 1984 was 20 years late. »news.com.com/2100-1029-6140191.html
Your quoted article mentions nothing of at&t but instead Nextel and the first sentence says "and was approved by top U.S. Department of Justice officials". How does at&t have anything to do with this?

ronpin
Imagine Reality

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Nirvana
·AT&T Southwest

Re: Look at your Cell Phone...

said by Cod See Profile :

Your quoted article mentions nothing of at&t but instead Nextel and the first sentence says "and was approved by top U.S. Department of Justice officials". How does at&t have anything to do with this?
If you read the article more closely you'll note that Moto Razr phones are cited. Nextel has no Razr phones. Couple that with AT&T's NSA friendly "open database" -- and you'll see how simple it is for the Feds to access your cell phone. In 1996 I used to watch pager text messages flow across a certain companies admin desk. I know it'd be even easier to open your cell phone mic (you sound offended for AT&T?)
--
America has been hijacked by selfish nationalist corporate pigs. The whole world hates us now. Have a nice day.
Cod

join:2000-07-05
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2 edits

Re: Look at your Cell Phone...

said by ronpin See Profile :

If you read the article more closely you'll note that Moto Razr phones are cited. Nextel has no Razr phones. Couple that with AT&T's NSA friendly "open database" -- and you'll see how simple it is for the Feds to access your cell phone.
So basically you are going on a conspiracy theory then, correct?

And you conveniently forgot to address: "...and was approved by top U.S. Department of Justice officials..."

ronpin
Imagine Reality

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Re: Look at your Cell Phone...

said by Cod See Profile :

And you conveniently forgot to address: "...and was approved by top U.S. Department of Justice officials..."
I kindly opted not to inform you that Attny. Gen. Gonzales is in trouble for that very thing. WARRANTS are required from a judge -- not "top U.S. Department of Justice officials". That's what the whole NSA illegal wiretapping snafu is all about (please don't make me spoon-feed you)
--
America has been hijacked by selfish nationalist corporate pigs. The whole world hates us now. Have a nice day.
Cod

join:2000-07-05
Greensboro, NC

Re: Look at your Cell Phone...

said by ronpin See Profile :

said by Cod See Profile :

And you conveniently forgot to address: "...and was approved by top U.S. Department of Justice officials..."
I kindly opted not to inform you that Attny. Gen. Gonzales is in trouble for that very thing. WARRANTS are required from a judge -- not "top U.S. Department of Justice officials". That's what the whole NSA illegal wiretapping snafu is all about (please don't make me spoon-feed you)
So the whole Nextel cell article you quoted saying as fact that it was at&t is actually a conspiracy theory of yours. Well done. Join the other 80% of BBR members spreading FUD here.

ronpin
Imagine Reality

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1 edit

Re: Look at your Cell Phone...

said by Cod See Profile :

..I sure hope they don't pay you for this (deflecting facts to "conspiracies" is a bit sophomoric yes?)
--
America has been hijacked by selfish nationalist corporate pigs. The whole world hates us now. Have a nice day.
Asmodeus

join:2004-05-26
Spring Valley, CA

said by ronpin See Profile :

said by Cod See Profile :

And you conveniently forgot to address: "...and was approved by top U.S. Department of Justice officials..."
I kindly opted not to inform you that Attny. Gen. Gonzales is in trouble for that very thing. WARRANTS are required from a judge -- not "top U.S. Department of Justice officials". That's what the whole NSA illegal wiretapping snafu is all about (please don't make me spoon-feed you)
makes me long for the days of attorney general john ashcroft...

AnonDOG

@freeantennas.com

quote:
In 1996 I used to watch pager text messages flow across a certain companies admin desk.

Digital pager traffic is protected under the same statute that cellular telephone traffic is protected.

Therefore we must assume that you had a Title-III to monitor that pager traffic? If you didn't it might not be prudent to talk too loudly about it.

ronpin
Imagine Reality

join:2002-12-06
Nirvana
·AT&T Southwest


2 edits

Re: Look at your Cell Phone...

said by AnonDOG :

Digital pager traffic is protected under the same statute that cellular telephone traffic is protected.

Therefore we must assume that you had a Title-III to monitor that pager traffic? If you didn't it might not be prudent to talk too loudly about it.
Part of my job was to verify the integrity of the text messages (i.e. garbled or not) As long as nobody recorded them we were within normal maint. guidelines. We never saw any ID's either(there were some funny pages though -- like "your wife is on to us...")
--
America has been hijacked by selfish nationalist corporate pigs. The whole world hates us now. Have a nice day.

AnonDOG

@kaballero.com

Re: Look at your Cell Phone...

quote:
Part of my job was to verify the integrity of the text messages (i.e. garbled or not) As long as nobody recorded them we were within normal maint. guidelines.

... ah ...

The maintenance exclusion, yes I know that one. Very well. I always found it interesting that that exclusion existed. You are golden so long as you don't document in any way the content of the communications.



BTW, are we children? I hear a gnat whining something about children.
Asmodeus

join:2004-05-26
Spring Valley, CA

said by AnonDOG :

quote:
In 1996 I used to watch pager text messages flow across a certain companies admin desk.

Digital pager traffic is protected under the same statute that cellular telephone traffic is protected.

Therefore we must assume that you had a Title-III to monitor that pager traffic? If you didn't it might not be prudent to talk too loudly about it.
it all comes down to who can sell the interpretive value of any of these statutes in order to obtain a warrant or proceed without one... you guys are to busy trying to be the 'letter of the law' hall monitors and it's failing and it makes you look childish... i can see most of you now, "BUT THE LAW SAYS XYZ!!!" well, yeah it does little kid, but how you bend it or manipulate it to whatever ends is what counts... get a clue...

AnonDOG

@kaballero.com

Re: Look at your Cell Phone...

quote:
i can see most of you now, "BUT THE LAW SAYS XYZ!!!" well, yeah it does little kid, but how you bend it or manipulate it to whatever ends is what counts... get a clue...
[/qoute]

Hmmm... Well there is a real experienced observation.

I am not a little kid, and considering the wisdom and courtesy with which he responded to me, neither is he.

You, on the other hand, have demonstrated exactly what you are and it is not necessary for me to explain it to anyone.

Ta Ta

BIGMIKE
Premium
join:2002-06-07
Westminster, CA

said by ronpin See Profile :

Most of us carry an open mic for the FBI -- right in our shirt pockets. Turning on your cell phone remotely is trivial -- and AT&T has given the feds carte-blanche to do it anytime. 1984 was 20 years late. »news.com.com/2100-1029-6140191.html

Who's buying cell phone records online? Cops
Net sellers tell Congress they supply law enforcement officials with call lists »www.msnbc.msn.com/id/12534959/

Looking For Cell Records?
»www.locatecell.com/

Missouri Attorney General Jay Nixon has obtained a court order to prevent an Internet business and its owners from offering to sell the records of cell phone customers in Missouri.
»www.consumeraffairs.com/news04/2···ell.html
--
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Warez_Zealot
Rural land of the rising sun

join:2006-04-19
japan


3 edits

Re: Of corse its illegal do they care? No.

said by MysticGogeta See Profile :

They only do what most of us would do. Because its their job and they get paid just like every one else. Is it wrong? Yes but I believe sometimes its necessary to do things to prevent a terrorist or a psychotic killer or a sexual predator from running loose on the internet.
FYI the FBI is setting a precedent..

Today they use it on to prevent a terrorist or a psychotic killer or a sexual predator from running loose on the internet; but tomorrow it's to arrest your ass because they don't like what you put/look at on the internet.

IMO who cares what congress thinks (their job is to listen to the uninformed public, and let the FBI continue privacy invasion)... This should be brought before the Supreme court so they can put the FBI back in their place...
--
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Asmodeus

join:2004-05-26
Spring Valley, CA

Re: Of corse its illegal do they care? No.

said by Warez_Zealot See Profile :

said by MysticGogeta See Profile :

They only do what most of us would do. Because its their job and they get paid just like every one else. Is it wrong? Yes but I believe sometimes its necessary to do things to prevent a terrorist or a psychotic killer or a sexual predator from running loose on the internet.
FYI the FBI is setting a precedent..

Today they use it on to prevent a terrorist or a psychotic killer or a sexual predator from running loose on the internet; but tomorrow it's to arrest your ass because they don't like what you put/look at on the internet.

IMO who cares what congress thinks (their job is to listen to the uninformed public, and let the FBI continue privacy invasion)... This should be brought before the Supreme court so they can put the FBI back in their place...
which branch of government do you think the FBI belongs in...? there are only three and they are all autonomous... pick...
Warez_Zealot
Rural land of the rising sun

join:2006-04-19
japan

2 edits

Re: Of corse its illegal do they care? No.

-_-
Warez_Zealot
Rural land of the rising sun

join:2006-04-19
japan
They still have to follow the constitution.. No one is above the right of the individual..
jarthur31

join:2006-04-14
Carlsbad, NM

Only in a totalitarian regime would that be "legal". Not in a democratic republic!!!

What we ought to do is change the justice system so that all are considered guilty before proven innocent to conform to that scary way of thinking.

Go after the criminals only not 100% of society.

I don't think you would like it if anyone assumed your parents/granparents, nieces/nephews, are felons without just cause.

Spiral
No Easy Way To Be Free.
Premium
join:2003-03-04
Baltimore, MD

Great Opportunity for Lawyers

Step 1. File Freedom of Information requests and find all the data that has been collected without a warrant.

Step 2. File class action lawsuits on behalf of those whose privacy was wrongly violated.

Step 3. Repeat Steps 1 & 2.

nixen
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Re: Great Opportunity for Lawyers

said by Spiral See Profile :

Step 1. File Freedom of Information requests and find all the data that has been collected without a warrant.

Step 2. File class action lawsuits on behalf of those whose privacy was wrongly violated.

Step 3. Repeat Steps 1 & 2.
Step 1b, quash on grounds of "national security".

Next...

-tom
--
"Experience should teach us to be most on our guard to protect liberty when the government's purposes are beneficial. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well meaning but without understanding." -Louis D Brandeis

Mchart
Super Joe

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Gurnee, IL

Re: Great Opportunity for Lawyers

War is Peace
Freedom is Slavery
Ignorance is Strength

nixen
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Re: Great Opportunity for Lawyers

said by Mchart See Profile :

War is Peace
Freedom is Slavery
Ignorance is Strength
Orwell was an optimist.

-tom

operagost

join:1999-08-02
Spring City, PA
Orwell is more inappropriately invoked than Ayn Rand.

Mchart
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Re: Great Opportunity for Lawyers

said by operagost See Profile :

Orwell is more inappropriately invoked than Ayn Rand.
People that are unable to draw parallels between past and present exsist in higher numbers.

disconnected

@snet.net

said by operagost See Profile :

Orwell is more inappropriately invoked than Ayn Rand.
The more appropriate contemporary source to cite on this topic would be Dr. Leonard Peikoff's "The Ominous Parallels."
Asmodeus

join:2004-05-26
Spring Valley, CA

said by operagost See Profile :

Orwell is more inappropriately invoked than Ayn Rand.
more like irrationally invoked more than Ayn Rand who is a close second, but in reality wrote nothing more than egotistical Anton Laveyesque diatribes...

Spiral
No Easy Way To Be Free.
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said by nixen See Profile :

said by Spiral See Profile :

Step 1b, quash on grounds of "national security".

You're probably right that they will bring up "national security", but a reasonable judge might listen to an argument pointing out that not all that confiscated data is of national security interest...release only that. And show some cause as to why you are withholding the rest.

nixen
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Re: Great Opportunity for Lawyers

said by Spiral See Profile :

said by nixen See Profile :

said by Spiral See Profile :

Step 1b, quash on grounds of "national security".

You're probably right that they will bring up "national security", but a reasonable judge might listen to an argument pointing out that not all that confiscated data is of national security interest...release only that. And show some cause as to why you are withholding the rest.
You haven't been paying attention to the judicial appointments for the last several years, have you?

-tom
--
"Experience should teach us to be most on our guard to protect liberty when the government's purposes are beneficial. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well meaning but without understanding." -Louis D Brandeis
RadioDoc
58ef2c0
Premium,ExMod 2000-03
join:2000-05-11
Step 1: Denied.

Step 2: Dismissed.

Step 3: Whine.

You have no case.

Biggest Brother

@bell.ca

They are doing it for you

The government know what's good for you PEOPLE.All they want is to protect you from these vile and evil terrorists.

Freedom and liberty through vigilance and preemption

Have faith citizens

Yauch

join:2005-06-24

Who?

Where's KarlMarx when you need him?

See 16 replies to this post

pnh102
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Of Course this is Needed!

How else are we gonna stop global warming?
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Dagda1175

join:2001-06-17
Goleta, CA

carnivore

Carnivore was more of a buckshot catcher. Specificity? not really.

Michieru2
zzz zzz zzz
Premium
join:2005-01-28
Miami, FL

?

You mean the FBI is using ettercap?

mrchris
We don't miss you Bush
Premium
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North Babylon, NY

Re: ?

I wonder how they deal with users with dynamic IP addresses?

Michieru2
zzz zzz zzz
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Miami, FL

Re: ?

Ettercap reports DHCP connections in the console window below.
--
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nasadude

join:2001-10-05
Rockville, MD
·Comcast

waste of time & resources

it's stupid and a waste of time and resources.

they are hoovering up so much data, the false positives must be driving them crazy and diverting resources from real and important leads.

Plus, is there anything this administration does that ever works? (except for destroying the constitution, I mean)

See 7 replies to this post

texans20
Weapons of Masturbation
Premium
join:2002-09-28
Texas!
clubs:

Like it matters

Soon a warrant will not be needed to begin seeing what you do. The federal government wants ISPs to save every website you visit, every IM, every e-mail, etc. I have no problem with the government getting a warrant only after probable cause to gather that information. Folks doing nothing illegal should have nothing to worry about, because they should enjoy privacy.

I don't trust any government. Not because of today, but because of tomorrow. Who's to say we won't have a Chavez or Kim Jong Ill of our own in the White House one day. Limit powers and it makes it hard, but we are slowly giving the government specifically the executive more and more powers. A person might like Bush, but all these powers will not disappear come January 2009. Yes, the evil one Hillary might be able to see what websites you visit.

Thx2Cryptology



Re: Like it matters

With growing no. of full-encryption software from your next-door garage (i.e. no plaintext attached to your 'secret message' saying I am DES3,etc), the selective capturing program like carnivore FAILs badly...If it is diffcult to 'catch' the fish, the last resort is to 'suck up' the pool...Thx. to Bittorrent Traffic...
nOv1c3

join:2006-11-08
Whitney, TX


1 edit

Re: Like it matters

Didn't read all replies . But just want to leave one thought .NSA ! we control the net and NSA has always monitored the phones and etc etc you can bet they monitored more than anyone cared to admit , Is it wrong I don't know can they monitor every conversation or net transaction more than likely not , But they can data mine and tag shit

You think about it . Its no defrent than what any of the big online companies are doing like google they all data mine and track everything from ip addy etc ect you name it :/

ctceo
Premium
join:2001-04-26
South Bend, IN
clubs:
A warrant has not been needed for years. The Patriot Act(s) and Secret Court, Field Judges and Staff can do what they please, and gag you (legally of course, possibly otherwise) if you threaten to talk about it.

ctceo
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1 edit

What did he say?

"The question that's interesting, although I don't know whether it's so clear, is whether this is illegal, whether it's constitutional,"

Con... Sti. Tu... Tion.

I'm not so sure that document is enforced entirely anymore.

con·sti·tu·tion :
n.
1. The act or process of composing, setting up, or establishing.
2.
a. The composition or structure of something; makeup.
b. The physical makeup of a person: Having a strong constitution, she had no trouble climbing the mountain.
3.
a. The system of fundamental laws and principles that prescribes the nature, functions, and limits of a government or another institution.
b. The document in which such a system is recorded.
c. Constitution The fundamental law of the United States, framed in 1787, ratified in 1789, and variously amended since then.

I like the term "Variously Amended". Shouldn't it read "Continuously Degraded"?

spy1
Welcome to Amerika
Premium
join:2002-06-24
Charlotte, NC

So, are you DOING anything about it?

»https://secure.aclu.org/site/Advocacy?pa···4.app24a

While not an answer, it's a start. A definite "head's-up" to YOUR legislator's, letting them know that you're aware of this, that you're concerned and that you're watching for their response and will use it as guideline on how to vote next time...

Or - we could all just bitch and whine about it and do nothing (that's what the government wants, after all).

I also firmly suggest you DO put all your friends and family's email addresses in that "forward to" box (I did). You can even personalize the message.

Think about it - it needs to be done.

And there's no one to do it - but you. Pete
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