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PA Seizes Newspaper's Computers

twitter writes "Computer equipment from the Lancaster Intelligencer Journal was seized for alleged improper data access and disclosure. From the article: 'If the reporters used the Web site without authorization, officials say, they may have committed a crime.' Journalist are understandably upset that confidential information, that has nothing to do with the investigation, will be found and used for retribution."

25 of 314 comments (clear)

  1. Logs? by CaptainZapp · · Score: 5, Insightful
    Couldn't they prove their case with their own, damn webserver logs?

    This seems to me like impounding your car to take it apart to prove that you drove 7Mls over the speed limit.

    Or in other words: Harrassement!

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

    1. Re:Logs? by G)-(ostly · · Score: 5, Insightful

      You don't need to follow basic computer security principles involved in "proving" behaviors if you have enough guns at your disposal.

    2. Re:Logs? by thedletterman · · Score: 5, Insightful

      So a bank notices an employee key card is missing, and it was used to open the front door and the vault door. they even find a hundred thousand dollars missing from the bank, and a review of the security cameras reveals the offender. Should they bother to get a warrant to search their house, or is that just harrassment?

      --
      Any fool can criticise, condemn, and complain, and most fools do. - Benjamin Franklin
    3. Re:Logs? by Technician · · Score: 4, Interesting

      That's why I just bought an external NAS drive with encryption. If it lost power, it locks and can't be unlocked until the encryption key is re-entered. They may be able to delete my data, but they can't access it. As an additonal security, the little drive is hung remotely off the lan. Finding it to take it could be a challange.

      Check out the Simple Tech SimpleShare NAS. Drop it in the janitor closet someplace locked.

      --
      The truth shall set you free!
    4. Re:Logs? by Technician · · Score: 4, Insightful

      Exactly what do you have to hide, citizen?

      1 Tax records
      2 Full credit card information including card number, pin, phone numbers to call if lost or stolen.
      3 Full bank details for online banking
      4 Password list for various websites i log into once in a while. After all, I can't use Technician as a logon for AOL IM. So when I do use it on occasion, I need to look up my id.
      5 Alarm system master password and user password. I seldom use the master password.

      Can you think of any reason to leave any of that out for law enforcement or a burglar to dig through? It's nothing I would want either to have.

      --
      The truth shall set you free!
    5. Re:Logs? by Technician · · Score: 4, Informative

      Certanly. Read the Tomsnetworking review. It's in about the 4th page of the review.

      http://www.tomsnetworking.com/2005/04/15/review_st inas250/page4.html

      Snip Digging deeper into the menus revealed some advanced functionality that didn't appear to be advertised anywhere on SimpleTech's web site or product brochures. I found menus for creating encrypted, mirrored and striped shares, which are RAID capabilities that I have not seen in other boxes of the same class. Selecting the Help button on this screen brought up a full help listing for all features of the box, including these advanced ones. Reading through the help menus indicated that the mirror and striping capabilities are designed to be used on external drives plugged into the box.

      end snip

      It's one of the main reasons I bought it. Raid, Encryption and easly hidden someplace to be left behind in a raid or burglary. What more could a geek want?

      --
      The truth shall set you free!
    6. Re:Logs? by ozmanjusri · · Score: 4, Insightful
      Exactly what do you have to hide, citizen?

      "Give me six lines written by the most honorable of men, and I will find an excuse in them to hang him."
      Cardinal Richelieu

      --
      "I've got more toys than Teruhisa Kitahara."
  2. Silence the whistleblowers! by Opportunist · · Score: 4, Insightful

    That seems to be the slogan. After all, without them, some not really legal actions taken by governments could be more easily covered up.

    So if you can give them the impression that even when a newspaper grants you anonymity, the feds will somehow find out who you are. Sure, you can still execute your freedom of speech.

    But will you dare to when it pretty much means your career is over because it's this easy for the government to grab any kind of information they want? So take your share of the cake and shut up. It's better for you.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:Silence the whistleblowers! by thedletterman · · Score: 5, Insightful

      How is this even relevant? The newspapers were discolsing secret details of crime investigations.. you know, those little details they use to confirm confessions that are sensitive to leads in the investigations? This newspaper, desperate to give more details than the others, compromised the police departments ability to investigate crimes. I'm scratching my head wondering how this should be glorified, and how whistleblowing applies?

      --
      Any fool can criticise, condemn, and complain, and most fools do. - Benjamin Franklin
  3. Is the Freedom of the Press abridged? by BadAnalogyGuy · · Score: 5, Insightful

    If a newspaper company commits a crime, infiltrating password-protected government computers in this case, should it be allowed to continue because of the First Amendment guarantee of Freedom of the Press?

    According to the 4th Amendment, the right to be secure in our belongings is still subject to the will of a judge to issue a warrant. The warrant was issued in this case, and the judge has taken personal responsibility to act as escrow for the information that reaches the prosecutors.

    I don't know what else can really be guaranteed the newspaper, except that they will have their day in court. Their protests about informant confidentiality is a red herring, designed to take our attention away from the possibility that they were involved in illegal activities.

    1. Re:Is the Freedom of the Press abridged? by SkankinMonkey · · Score: 5, Insightful

      I'm not going to argue with you on the main points because I agree with you on them BUT one thing has come along with digital media that really calls for other protections for defendants to be put into place. For one, since computers do store massive amounts of data, and many stories are theoretically being worked on with this computer, shouldn't the defense have some sort of representative available while said computer is being accessed to make sure that only relevant data is accessed OR to take note of data that was accessed as to make sure that their computers are being properly confiscated and this isn't just a setup for a SLAP suit?

    2. Re:Is the Freedom of the Press abridged? by BlueStrat · · Score: 4, Insightful


      Just another argument for encryption, and perhaps also for some method of storing information about seperate subjects seperately so that only some subset of the encrypted data need be decrypted, and not just everything.


      Encryption wouldn't do much good when a judge will just order you to reveal the password(s) under pain of a contempt charge and jail until you concede, regardless of claims of bad memory, etc. There could also be destruction of evidence and obstruction of justice charges for wiping or destroying the hardrives.

      Keeping the data private from investigators is possible, if one is willing to spend some serious time in the justice and penal systems. I'm all for standing on ones' principals, but when you're looking at a long stretch in prison, with a whole life, a career, and a family to consider, priorities can change in a hurry.

      IANAL, YMMV, etc...

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  4. Proof that there's no proof by kafka47 · · Score: 4, Insightful

    First off, if the coroner had indeed provided the system's password, wasn't he the one contravening security policy (if not the law)?

    Their justification for the computer seizure doesn't explain it at all. If they were concerned about a possible breach (even one obtained through some fraud or password sharing), they'd be able to ascertain the truth more reliably and certainly via access logs from the host systems, or even the intervening logs from the newspaper's ISP. Period.

    Searching through the hard drives would be a last ditch effort for a legitimate investigation, since the cache could have been modified or deleted (thus requiring a forensic examination of the suspect systems).

    The investigators are either stupid or lying about their true motivations. I can smell a lawsuit of significant proportion.

    /K

    1. Re:Proof that there's no proof by funkman · · Score: 4, Informative

      The website had disclaimers on it (either during the login process or once you are signed in) that states unauthorized access is prohibited and that the web site is for official use only.

      So a journalist (or anyone) using the site with someone's else's login credentials violates the terms of service of the site.

      There is no way to plead ignorance for those who improperly accessed the site.

  5. There is no freedom to be a reporter by MikeRT · · Score: 5, Insightful

    in the Constitution. Freedom of the press means simply what it says, freedom of the (printing) press. It's an extension to freedom of speech. What good is a guarantee that you won't be imprisoned for speaking if you have to get a license from Congress to circulate your opinion?

    The freedom of the press was also the freedom to publish books in our founders' times. There was no journalism as it has come to be known today. The "newspapers" back then were so bad they make the National Enquirer look respectable.

    And sure, a free media doing reporting is necessary for a strong democratic system. Too bad we don't have one thanks to reporters' willingness to schmooze with politicians of both parties and obsession with certain political viewpoints over real reporting. Instead of hard-hitting information on Bush or Clinton, what do we get? "Rich white girl kidnapped, film at 11!"

    Besides, what they did was a crime and they knew it. Who in their right mind would have accessed a private police network to publish public reports? Gee, you'd think as a reporter that maybe the coroner is setting you up there and you might want to contact the police to get him nailed and not you.

  6. /. headline is wrong by MaggieL · · Score: 4, Informative

    Contrary to the /. headline, Philadelphia did not sieze the four hard drives.

    Philadelphia is a city.

    Pennsylvania is a commonwealth.

    Surprisingly enough, the Pennsylvania Attorney General's Office works for the Commonwealth of Pennsylvania, not the City of Philadelphia. I know it's confusing; after all: they both start with the same letter.

    --
    -=Maggie Leber=-
  7. This is massive overkill by 99luftballon · · Score: 4, Interesting

    The paper doesn't seem to be denying accessing the site, merely if it had been given permission. The only possible reason for this would be to check who accessed the site using the login and when, something which the government's own server logs should reveal.

  8. encryption for FSs by WindBourne · · Score: 5, Insightful

    I wonder how many reporters are using encryption on their Filesystems these days? If they are not, now is the time to start. A bit of a hassle, but maybe less hassle than spending 3 years in prison.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  9. Can remote 3rd party storage be siezed? by Morgaine · · Score: 5, Insightful

    One of the lessons in this story is that any organization involved in investigative reporting needs to keep its data systems under heavy cryptographic lock and key. Quite separate from any possible legal wrongdoing on the part of one or more of their reporters, all their other stories and investigations are now severely comprimised by the seizure, as others have pointed out. Their whole business could be at risk because of the ease with which computer equipment can be taken away.

    This inevitably brings to mind today's story about Amazon's new storage service. If Lancaster Intelligencer Journal had stored their encrypted records and work files on such a storage service, would Amazon (or Google etc) have got raided and their computers taken away?

    Obviously not (I think), but where does the boundary between yes and no actually lie? What if LIJ stored their encrypted data at some small 3rd party outfit?

    This whole area is likely to become a tangled quagmire, as well as sadly a legal goldmine.

    --
    "The question of whether machines can think is no more interesting than [] whether submarines can swim" - Dijkstra
  10. Re:From what I'm reading... by sgant · · Score: 4, Interesting

    Um...no. When talking to a reporter you're not protected in any way. It's not like talking to a lawyer or a doctor...or even a clergyman for that matter. Reporters are threatened all the time with contempt-of-court unless they give up their sources. When was the last time a lawyer was threatened with contempt unless he spilled everything his client told him about a crime? It's privileged. That's protected. Talking to some yahoo who thinks he's the next Woodward & Bernstein from the Washington Post isn't privledged.

    Of course, I'm not a lawyer, so I could be totally wrong about all this. Take my advice when I say: "Don't take my advice".

    --

    "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
  11. For more information... by mwm158 · · Score: 5, Funny

    Hack into their website.

  12. The lesson Learned here kids? by Lumpy · · Score: 4, Informative

    I think the biggest lesson here is that ALL your files that are important or private MUST be encrypted on your computer. Because the federalies will come looking through them sooner or later. Using a encryption system that gives you plausable deniability like True Crypt is a better choice as you can lead them astray. you can give them a fake password that lets them into the encrypted file but only gives up worthless information keeping the secure documents hidden.

    Finally, with today's fervor over terrorism it's best for you to not write anything down, record nothing and deny, deny, deny.

    --
    Do not look at laser with remaining good eye.
  13. Re: Really bad analogy by afaik_ianal · · Score: 5, Funny

    All analogies are bad and that was a Really bad analogy.

    Yep - Using analogies is like comparing apples and oranges.

  14. Am I missing something??? by 00Dan · · Score: 5, Insightful

    I keep reading people write "Freedom of the press" like that trumps any illegal activity. Am I missing something here? A couple reporters gets the username/password of the local coroner (with or without his knowledge is in debate right now) and proceed to access a restricted web site. How is this not illegal?

    Is a reporter allowed to run red lights? Can they break into the mayors office to rummage thru his files? How is this any different???

    /and on the subject of server logs... This is slashdot, I thought you guys knew better. Even if you track the IP back to the newspaper, all that says is someone connected to that IP accesssed the system, not which system behind the firewall it was (and do they have free wireless in their lobby?)

  15. Journalists have freedom, not immunity by Mr.+Underbridge · · Score: 4, Interesting
    "Journalist are understandably upset that confidential information, that has nothing to do with the investigation, will be found"

    And presumably that unrelated confidential information wouldn't fall under the scope of the warrant. But the cops *definitely* have enough for a warrant. They have traced blatantly illegal activity back to a computer and seized it. Any private citizen would have faced the same. Freedom of the press isn't a blanket right to break the law with complete impunity and immunity.

    I mean, think about what you're saying. It's like saying anyone with confidential information in their house (ie, everyone) shouldn't ever be subject to a legal, warranted search. There are mechanisms to restrict the scope of warrants.

    In general, if one is worried about such confidential information, I'd strongly suggest not doing completely illegal shit with the computer containing it.