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The Secret History of the FBI's Classified Spyware
An anonymous reader writes "A sophisticated FBI-produced spyware program has played a crucial behind-the-scenes role in federal investigations into extortion plots, terrorist threats and hacker attacks in cases stretching back at least seven years, according to newly declassified documents obtained by Wired.com. The so-called 'computer and internet protocol address verifier,' or CIPAV, is delivered through links to websites controlled by the FBI, and it silently reports back to a government server in Virginia. Among other cases, the FBI used it to track a Swedish hacker responsible for cracking thousands of computers at national labs and NASA's JPL in 2005."
RTFA.
But the documents released Thursday under the Freedom of Information Act show the FBI has quietly obtained court authorization to deploy the CIPAV in a wide variety of cases, ranging from major hacker investigations, to someone posing as an FBI agent online.
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Here in France, we're close to having to install a spyware on our computer NOT to go in jail and pay a huge amount of money after 3 unproven accusations.
As previously stated, it's not really different from bugging the home or car of a suspected Mafia boss/drug dealer/etc... As long as it's backed up by a court order, of course. It obviously interferes with the right for privacy, but that's why there are mechanisms which should take into account all factors before allowing such interference (i.e. courts and judges). If the system is malfunctioning, it should be fixed - but this doesn't mean that it isn't right. BTW, this CIPAV isn't really news - it's wikipedia page is 2 years old...
The Constitution is QUITE clear that a search of private property requires a warrant.
From the fine article, emphasis added by me: "But the documents released Thursday under the Freedom of Information Act show the FBI has quietly obtained court authorization to deploy the CIPAV in a wide variety of cases, ranging from major hacker investigations, to someone posing as an FBI agent online."
And from further down in the article: "The FBI obtained a warrant to use the CIPAV on February 10, 2005, and was apparently successful."
*Sigh* Please RTA.
One person was sent the URL in a private myspace chat. Another was trying to extort the cable companies and had given them a private URL (presumably something like www.comcast.com/skldflksdf/freemoney4me.html) to post their response to. The FBI then set up that page to use a browser exploit to install the logger.
All instances were done under court order with almost the same restrictions and provisions a normal wiretap would have.
Actually, when you think about it, the police regularly break the law to uphold it. Look at how they catch speeders: They usually have to speed themselves to catch up to the speeder in order to pull him over, or they even might just tail behind a speeder for a while and clock him with their own speedometer - thus breaking the law themselves by speeding themselves.
Not to be pedantic, but this isn't a good analogy since many laws are written with specific exemptions for law enforcement during the performance of their official duty.