FC: DoJ may have violated internal rules in hacker subpoena case

[Declan McCullagh <declan () well com>]

When I received a subpoena from Ashcroft's Justice Department, the Feds 
also violated their own policy (so don't be surprised at the below):
http://www.mccullagh.org/subpoena/

The DOJ regulations:
http://www.mccullagh.org/subpoena/doj.regulations.txt

-Declan

---

From: Anonymous User <anonymous () remailer havenco com>
To: declan () well com
Subject: DOJ May Have Violated Its Own Guidelines By Subpoenaing MSNBC
X-Invalid: in Hacker Probe
Message-ID: <1b155ac6fdd201e5d4862e0193e360be () remailer havenco com>

Though this AP article doesn't explicitly identify Adrian Lamo as the
hacker in question, the facts seem to fit his story:

http://www.wired.com/news/culture/0,1284,50811,00.html

http://www.businessweek.com/bwdaily/dnflash/mar2002/nf2002035_9312.htm

---
>From The Associated Press, available online at:
http://webcenter.newssearch.netscape.com/aolns_display.adp?key=200206041845000135629_aolns.src

Reporter Subpoenaed in Hacking Probe

June 4, 2002

WASHINGTON (AP) - Without required approval, U.S. prosecutors sent a
subpoena to MSNBC demanding a reporter's notes, e-mails and other
information as part of an investigation into a nomadic young hacker who
acknowledged breaking into computers at The New York Times earlier this
year.

The subpoena, which was withdrawn weeks later, also demanded any
similar material from MSNBC involving another journalist who contacted
The New York Times on behalf of the newspaper hacker after the
break-in, then wrote about it for an online publication.

Under guidelines from the Justice Department, Attorney General John
Ashcroft or his deputy must personally approve any subpoenas sent to
journalists, and Barbara Comstock, director of the Office of Public
Affairs, must review such requests. But senior Justice officials on
Ashcroft's staff at headquarters said they were unfamiliar with the
MSNBC subpoena, and Ms. Comstock said she did not review it.

[...]

Ishizuka said the subpoena, withdrawn in mid-May, demanded from MSNBC
reporter Bob Sullivan any e-mails or notes about conversations about
the newspaper's computer break-in with hacker Adrian Lamo and Kevin
Poulsen, now an online journalist.




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