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According to newly released documents by the Electronic Frontier Foundation, federal agents would pay Geek Squad employees to flag illegal materials on devices sent in by customers for repairs. "The relationship goes back at least ten years, according to documents released as a result of the lawsuit [filed last year]," reports ZDNet. "The agency's Louisville division aim was to maintain a 'close liaison' with Geek Squad management to 'glean case initiations and to support the division's Computer Intrusion and Cyber Crime programs.'" From the report: According to the EFF's analysis of the documents, FBI agents would "show up, review the images or video and determine whether they believe they are illegal content" and seize the device so an additional analysis could be carried out at a local FBI field office. That's when, in some cases, agents would try to obtain a search warrant to justify the access. The EFF's lawsuit was filed in response to a report that a Geek Squad employee was used as an informant by the FBI in the prosecution of child pornography case. The documents show that the FBI would regularly use Geek Squad employees as confidential human sources -- the agency's term for informants -- by taking calls from employees when they found something suspect.

The Electronic Frontier Foundation is suing the FBI for records "about the extent to which it directs and trains Best Buy employees to conduct warrantless searches of people's devices." The lawsuit stems around an incident in 2011 where a gynecology doctor took his computer for repairs at Best Buy's Geek Squad. The repair technician was a paid FBI informant that found child pornography on the doctor's computer, ultimately resulting in the doctor being charged with possessing child pornography. From the EFF's report: A federal prosecution of a doctor in California revealed that the FBI has been working for several years to cultivate informants in Best Buy's national repair facility in Brooks, Kentucky, including reportedly paying eight Geek Squad employees as informants. According to court records in the prosecution of the doctor, Mark Rettenmaier, the scheme would work as follows: Customers with computer problems would take their devices to the Geek Squad for repair. Once Geek Squad employees had the devices, they would surreptitiously search the unallocated storage space on the devices for evidence of suspected child porn images and then report any hits to the FBI for criminal prosecution. Court records show that some Geek Squad employees received $500 or $1,000 payments from the FBI. At no point did the FBI get warrants based on probable cause before Geek Squad informants conducted these searches. Nor are these cases the result of Best Buy employees happening across potential illegal content on a device and alerting authorities. Rather, the FBI was apparently directing Geek Squad workers to conduct fishing expeditions on people's devices to find evidence of criminal activity. Prosecutors would later argue, as they did in Rettenmaier's case, that because private Geek Squad personnel conducted the searches, there was no Fourth Amendment violation. The judge in Rettenmaier's case appeared to agree with prosecutors, ruling earlier this month that because the doctor consented both orally and in writing to the Geek Squad's search of his device, their search did not amount to a Fourth Amendment violation. The court, however, threw out other evidence against Rettenmaier after ruling that FBI agents misstated key facts in the application for a warrant to search his home and smartphone. We disagree with the court's ruling that Rettenmaier consented to a de-facto government search of his devices when he sought Best Buy's help to repair his computer. But the court's ruling demonstrates that law enforcement agents are potentially exploiting legal ambiguity about when private searches become government action that appears intentionally designed to try to avoid the Fourth Amendment.

In 2011 a gynecology doctor took his computer for repairs at Best Buy's Geek Squad. But the repair technician was a paid FBI informant -- one of several working at Geek Squad -- and the doctor was ultimately charged with possessing child pornography, according to OC Weekly. An anonymous reader quotes their new report: Recently unsealed records reveal a much more extensive secret relationship than previously known between the FBI and Best Buy's Geek Squad, including evidence the agency trained company technicians on law-enforcement operational tactics, shared lists of targeted citizens and, to covertly increase surveillance of the public, encouraged searches of computers even when unrelated to a customer's request for repairs. Assistant United States Attorney M. Anthony Brown last year labeled allegations of a hidden partnership as "wild speculation." But more than a dozen summaries of FBI memoranda filed inside Orange County's Ronald Reagan Federal Courthouse this month in USA v. Mark Rettenmaier contradict the official line...

Other records show how [Geek Squad supervisor Justin] Meade's job gave him "excellent and frequent" access for "several years" to computers belonging to unwitting Best Buy customers, though agents considered him "underutilized" and wanted him "tasked" to search devices "on a more consistent basis"... evidence demonstrates company employees routinely snooped for the agency, contemplated "writing a software program" specifically to aid the FBI in rifling through its customers' computers without probable cause for any crime that had been committed, and were "under the direction and control of the FBI." The doctor's lawyer argues Best Buy became an unofficial wing of the FBI by offering $500 for every time they found evidence leading to criminal charges.

An anonymous reader quotes a report from Network World: The Orange County Weekly reports that Best Buy's "Geek Squad" repair technicians routinely search devices brought in for repair for files that could earn them $500 reward as FBI informants. This revelation came out in a court case, United States of America v. Mark A. Rettenmaier. Rettenmaier is a prominent Orange County physician and surgeon who took his laptop to the Mission Viejo Best Buy in November 2011 after he was unable to start it. According to court records, Geek Squad technician John "Trey" Westphal found an image of "a fully nude, white prepubescent female on her hands and knees on a bed, with a brown choker-type collar around her neck." Westphal notified his boss, who was also an FBI informant, who alerted another FBI informant -- as well as the FBI itself. The FBI has pretty much guaranteed the case will be thrown out by its behavior, this illegal search aside. According to Rettenmaier's defense attorney, agents conducted two additional searches of the computer without obtaining necessary warrants, lied to trick a federal magistrate judge into authorizing a search warrant for his home, then tried to cover up their misdeeds by initially hiding records. Plus, the file was found in the unallocated "trash" space, meaning it could only be retrieved by "carving" with sophisticated forensics tools. Carving (or file carving) is defined as searching for files or other kinds of objects based on content, rather than on metadata. It's used to recover old files that have been deleted or damaged. To prove child pornography, you have to prove the possessor knew what he had was indeed child porn. There has been a court case where files found on unallocated space did not constitute knowing possession because it's impossible to determine who put the file there and how, since it's not accessible to the user under normal circumstances.

dwrugh writes "The drummer for the seminal punk band The Germs, Don Bolles, was arrested in Orange County because a field-test kit indicated his bottle of Dr. Bronner's soap contained GHB, the date-rape drug. (Here is an interview with Bolles.) Using the same test kit, available on the web for $20 for a pack of 10, according to Bolles' attorney on NBC this morning, other soaps tested positive for GHB. But of course since it's just soap, when you test it in a real crime lab it comes back negative. Makes you wonder what other common household products also test positive, and how many others have been arrested based on faulty test kits who didn't have the resources to defend themselves."