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FBI Carnivore Screwup Destroys E-Mail Evidence

An Anonymous Coward writes: "The FBI apparently used Carivore in an attempt to collect information on Osama bin Laden't network. Unfortunately they screwed up and collected information on "non-covered targets" (*ahem*, isn't this the sort of thing we weren't supposed to worry about...). Then the FBI tech was "so upset" that he destroyed ALL of the collected email, not only the information that was not covered by the warrant. Here is the SF Gate Story and EPIC's press release."

12 of 296 comments (clear)

  1. Fbi Document by alphaseven · · Score: 5, Informative

    Here's the original FBI memo: http://www.epic.org/privacy/carnivore/fisa.html

  2. check THIS out by drDugan · · Score: 5, Informative

    www.time.com/time/covers/1101020603/memo.html

    you've got to read it to believe it.

  3. Not Destroyed? by Myriad · · Score: 5, Funny
    A Justice Department official, speaking on condition of anonymity, said Tuesday night that the e-mails were not destroyed.

    FBI Agent 1: We have a problem... Carnivore was doing its thing, but we got caught grabbing stuff we shouldn't!

    FBI Agent 2: Hmmm. I know! We claim that some lowly tech in a spat of moral outrage deletes ALL the material as he is so offended that it captured the, uhh, "non-target" mail, but we actually keep all the files and use them as we see fit.

    FBI Agent 1: Perfect!

    FBI Agent 2: (Takes long drag off cigarette)

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  4. Maybe they should rename it by Virtex · · Score: 5, Funny

    So Carnivore ate its own data? Maybe they should give it a new name. I think Cannibal would work pretty well.

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  5. Destroyed? by mrbuckles · · Score: 5, Interesting

    The article actually says that the collected information was not destroyed -- citing an unnamed source. One would wonder with the backups a system like that would (should) have that destroying the evidence would be a lengthy job and may not have been done completely.

    The article also notes people who have had their e-mail unintentionally collected are entitled to be informed. Can't wait to see if that happens...

  6. Re:Yeah... by Ieshan · · Score: 5, Funny

    Unfortunately, he must of have forgot the Laden:

    rm -rf /bin/laden

    We all know he just typed:

    rm -rf /bin.

  7. Re:No backups? by ParticleGirl · · Score: 5, Interesting

    They just aren't advertising backups. The memo said that the agent was so upset that she deleted the email. An agent contributed my favorite quote in the article:

    A Justice Department official, speaking on condition of anonymity, said Tuesday night that the e-mails were not destroyed. The official did not elaborate or try to reconcile the statement with the memo.

    Yeah, I'm sure there are backups. I'm sure the FBI is avoiding confirming that there are records somewhere of emails captured from "non-target" subjects, while trying to cover its ass in re: losing evidence.

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  8. Re:What's all the fuss about? by Radical+Rad · · Score: 5, Insightful

    It is nice to think that there is an FBI agent who believes in upholding the fourth amendment. It is too bad he is at the bottom of the totem pole instead of the top.

  9. Re:Perhaps... by Tazzy531 · · Score: 4, Interesting

    That's good and all when you can trust the people that are doing this. But we have seen through history and in recent weeks (FBI agents indicted on Insider Trading) What's next? What if the FBI sold your information to a competitor company (like the CIA telling Boeing about a secret deal that Airbus, Boeing's competitor, was discussing with Saudi Arabia, allowing Boeing to beat their offer)

    But if you let them read your emails, you must surely be willing to allow them to listen to your phone calls. If that's the case, you must surely support the government putting camera's everwhere. Since, I mean, you have nothing to hide.

    See the problem is not that you don't have anything to hide, but the American system is based on freedom for all individuals. In that, everyone should be treated innocent until proven guilty. That's the basis of this entire system.

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  10. A violation of federal wiretap law? by Radical+Rad · · Score: 5, Insightful
    The surveillance system captured not only the electronic communications of the court-authorized target, "but also picked up E-Mails on non-covered" individuals, a violation of federal wiretap law.

    Amendment IV of the U.S. Constitution: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    Notice that the Constitution does not say that illegal searches may be performed as long as any resulting evidence is not used against the persons being illegally searched. It says that it shall not happen. This interception of mail was not just a violation of federal wiretap law, it was a violation of the Bill of Rights. We are supposedly fighting a "war on terrorism" to protect our way of life, but that way of life is rooted in our Constitution. The only way to win the hearts and minds of the rest of the world is to stick to our principles and abide by the highest law of the land which is the U.S. Constitution.

  11. Re:The author of "Carnivore"... by newerbob · · Score: 5, Informative
    Here are some more links to Naughton's plea-bargain with the FBI (writing software in exchange for freedom): here

    here it says he's "helping law enforcement track down pedophiles

    and here it says that the FBI's deal to have him write snoop software saved him from jail.

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  12. Re:FBI's "outdated" computer systems? by delong · · Score: 5, Insightful

    Who modded this up as interesting?

    This is the sort of ignorance that should have been completely destroyed by 9/11. Why do you not believe that the FBI has severely outdated machines? Because the typical Slashdotter has an extremely distorted perception of the scope and extent of governmental power and efficacy. When the CIA starts up a venture capital firm to fund technology ideas to jump start itself in playing catch-up with the private sector, that says something. When the NSA goes on 60 Minutes and says "we're friggin way behind," that speaks volumes. The government USED to have the biggest and the best. Today, the private sector, as far as information technology goes, is WAY ahead of the agencies.

    Remember, when Clinton entered office in 93, there WERE NO COMPUTERS in the White House! They still USED TELETYPES. In 93!

    Derek