FC: Judge orders DOJ to tell him how Scarfo key logger worked

[Declan McCullagh <declan () well com>]

Background on U.S. v. Scarfo:
http://www.politechbot.com/p-02356.html
http://www.politechbot.com/p-02330.html

*********

http://www.nj.com/news/ledger/index.ssf?/page1/ledger/140dc21.html
Judge wants FBI to detail secret cyber 'wiretap'
2001-08-08 05:43:05

Judge wants FBI to detail secret cyber 'wiretap'
BY ROBERT RUDOLPH
STAR-LEDGER STAFF
A federal judge in Newark ordered U.S. authorities yesterday to
provide him with a confidential report describing how the FBI used
top-secret technology to crack the computer files of a New Jersey
mobster. The system, known as a "key-logger," enabled agents to crack
an encryption code that reputed mobster Nicodemo Scarfo Jr. allegedly
had used to protect his computerized gambling files from prying eyes.
U.S. District Judge Nicholas H. Politan said he "harbors serious
concerns" about the legality of the FBI's use of the system. And, he
said, the agency's description of the technology is so shrouded in
mystery, it "defies the human experience of this court."

[...]

But the mystery surrounding the system
left Judge Politan clearly exasperated yesterday. "In this new age of
rapidly evolving technology," Politan said, he "cannot make a
determination as to the lawfulness" of the government actions until he
knows how the system works. He gave the government 10 days to provide
him with a detailed explanation of how the technology works and why it
should not be made public during the course of the Scarfo trial.

[...]

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http://dailynews.yahoo.com/htx/nm/20010807/tc/crime_surveillance_dc_2.html
FBI Must Reveal Computer Snooping Technique -Judge
2001-08-07 20:11:06

Tuesday August 7 6:28 PM ET

FBI Must Reveal Computer Snooping Technique -Judge

NEWARK, N.J. (Reuters) - A federal judge on Tuesday ordered the
government to reveal the high-tech computer snooping technique used by
the FBI to gather evidence against an alleged mobster.

[...]

Politan ruled that in order to decide the
lawfulness of the government surveillance, he must see a full report
on how the device works, imposing an Aug. 31 deadline. ``In this new
age of rapidly evolving technology, the court cannot make a
determination as to the lawfulness of the government's search ...
without knowing specifically how the search was effectuated,'' he
wrote. ``This requires an understanding of how the key logger device
functions. In most, if not all search and seizure cases, the court ...
understands the particular method by which the search is executed. ...
Because of the advanced technology used the court does not have the
benefit of such an understanding.''

[...]




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