[privacy] Appeals Court Clarifies: Government Spyware Not Protected in Ruling

["Paul Ferguson" <fergdawg () netzero net>]

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Via Threat Level.

[snip]

Orin Kerr at the Volokh Conspiracy has been looking at whether the FBI can
legally install its CIPAV spyware on your computer without a search warrant
or wiretap order under a recent U.S. 9th Circuit Court of Appeals decision.
Today the 9th Circuit clarified: no, it can't.

The original July 6th opinion in U.S. v. Forrester upheld the DEA's limited
monitoring of a suspect's internet use under the low "pen register"
standard, which requires only that a law enforcement agency certify that
the surveillance will be "relevant" to an investigation -- no probable
cause or judicial fact finding needed.

Key to the ruling was that the DEA recorded only the IP addresses of the
websites the surveillance target visited, and the e-mail addresses he
corresponded with, and not the content of the communication.

But the ruling didn't say how the agency performed that monitoring. Kerr
wondered whether the DEA used the FBI's CIPAV tool, or something similar,
and whether the 9th Circuit thus made government spyware legal under the
low standard.

[snip]

More:
http://blog.wired.com/27bstroke6/2007/07/appeals-court-c.html

- - ferg


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--
"Fergie", a.k.a. Paul Ferguson
 Engineering Architecture for the Internet
 fergdawg(at)netzero.net
 ferg's tech blog: http://fergdawg.blogspot.com/

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