FBI Sought Approval To Use Spyware Through FISC

An anonymous reader writes "Wired is reporting that the FBI sought approval to use its custom spyware program, CIPAV, from the secretive Foreign Intelligence Surveillance Court in terrorism or spying investigations. Affidavits prepared for the court are among 3,000 pages of documents gathered, but not yet released, in response to a Freedom of Information Act request from Wired. The FBI hasn't answered any questions about its use of the CIPAV since the program's existence became widely known in July. The FISC is generally regarded as a rubber stamp; it approved over 4,000 surveillance requests in 2005 and 2006[PDF], rejecting none."

Comments

Not surprising

[insanechemist]

Reading up a bit: "The FISA Court did not reject a single warrant application from its beginning in 1979 through 2002. In 2003 it rejected four applications. In 2004, the number was again zero."

Re:Not surprising

[garcia]

Reading up a bit: "The FISA Court did not reject a single warrant application from its beginning in 1979 through 2002. In 2003 it rejected four applications. In 2004, the number was again zero."

Why did it reject four in 2003 is what I want to know. Who was being investigated that it would decide to deny the application after 23 years?

Re:Not surprising

[Anonymous Coward]

Reading up a bit: "The FISA Court did not reject a single warrant application from its beginning in 1979 through 2002. In 2003 it rejected four applications. In 2004, the number was again zero."

That's not necessarily a bad thing. It could be that the government only goes to the FISA court when they have solid evidence that supports a warrant. There isn't enough information available to determine what is going on with FISA.

By comparison, most people who are charged with a crime are actually guilty - that's also a good thing. It means that most of the time, the police charge people with a crime when they actually committed the crime.

Now, that doesn't mean that everyone charged with a crime is guilty; police do make mistakes, and certainly some police are corrupt. But most people charged with a crime are guilty. Would you rather live in a country where most people charged with a crime are innocent?

Meh, IT reporting these days...

[Red Flayer]

FTA:

An FBI spokeswoman then invited Wired to submit a list of questions about the technology, but hasn't gotten back to us.

Well, what should Wired expect? The FBI invited Wired to submit list of questions. Now wired is compaining that the FBI isn't following up on their request for questions?

Sheesh, I mean, I know IT reporting has gone down teh tubes, but really... maybe if Wired wants to get info from the FBI, they should actually respond to the invite and submit questions -- maybe then they'd hear back.

/Sorry, deliberately obtuse tonight.

FBI Spyware

[gnutoo]

I would just like to know, what could the FBI do to make it's spy ware different from anything else out there in the wild?

Features

• Plug in compatible with IRS 2.0
• Hides from CIA version, dumps state, local and foreign clients.
• Still works with punch cards left over from Operation Paperclip.
• Used by more libraries and newspapers than any other client.
• Unique money back promise.
• Will only cost you your liberty.

It's not really funny.

Re:Government Spyware

[BitterOak]

I would just like to know, what could the FBI do to make it's spy ware different from anything else out there in the wild? It would seem to me they would limited to the same techniques anyone can use on a computer, so really wouldn't it be just one more obnoxious program out there? The difference is it is not viral and therefore doesn't escape "into the wild" and reproduce to the point where it eventually falls into the hands of the anti-virus software makers. As a result, their software won't detect it. This is a fundamental weakness with signature-based anti-virus systems. They work great on viruses, which spread indiscriminently, but are useless against a targeted attack by an adversary with the resources to create and deploy their own malware.