FBI Didn't Follow Proper Procedures

[InfoSec News <isn () c4i org>]

http://www.sunherald.com/mld/sunherald/news/politics/6948037.htm

PETE YOST
Associated Press
Oct. 06, 2003   
 
WASHINGTON - The Justice Department said Monday the FBI didn't follow 
proper procedure when it notified reporters their notes might be 
subpoenaed in the case against a hacker accused of breaking into The 
New York Times' computer system.

The department said the correct procedure is to seek material from 
reporters only after other investigative steps have been exhausted, 
and that subpoenas are to be used only as a last resort.

"There are very few instances in which media subpoenas are granted," 
said Justice Department spokesman Mark Corallo. "In this case, as in 
any case, we expect the investigators to exhaust all other avenues 
before they seek approval for any subpoena or any formal requests for 
records."

The FBI agent did not notify the U.S. attorney in Manhattan and did 
not go through proper channels at the Justice Department, according to 
a Justice official, who spoke only on condition of anonymity.

The comments came after the FBI notified 13 reporters that it might 
subpoena their records regarding Adrian Lamo, 22, who is charged with 
accessing a database at the Times containing home telephone numbers 
and Social Security numbers for more than 3,000 contributors to the 
Times' op-ed page. He also is accused of setting up five fictitious 
names and passwords that were then used to conduct more than 3,000 
searches on LexisNexis over three months, incurring $300,000 in 
charges, the complaint states.

The Sept. 19 letters from the FBI direct Associated Press reporter Ted 
Bridis and other reporters to preserve any documents pertaining to 
Lamo, stating that the request is in anticipation of an order 
requiring materials to be turned over to federal law enforcement 
authorities.

An Internet publication, SecurityFocus Online, wrote a story more than 
a year and a half ago quoting Lamo as acknowledging accessing the 
Times' computer system. The story said Lamo notified the Times of the 
vulnerabilities through a SecurityFocus reporter.

The AP's Bridis wrote a story about Lamo 16 months ago regarding a 
subpoena to MSNBC that demanded a reporter's notes of any 
conversations with Lamo about the computer break-in at the Times. 
Other AP stories have quoted Lamo on the subject of computer hacking.

Two weeks ago, Lamo was released on $250,000 bail and ordered by a 
federal judge to remain at his parents' home in California until his 
case is resolved. He is permitted to use a computer only to search for 
a job or education opportunities.




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