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FBI Obtains Phone Records With a Post-it Note

angry tapir writes "The FBI was so cavalier — and telecom companies so eager to help — that a verbal request or even one written on a Post-it note was enough for operators to hand over customer phone records, according to a damning report (PDF) released on Wednesday by the US Department of Justice Office of the Inspector General."

29 of 187 comments (clear)

  1. Oblig. IP jokes. by LostCluster · · Score: 5, Funny

    The "Canary Yellow" color of Post-It Notes is a trademark of 3M. See the legalese at the bottom of that site. Canary? Yellow? Too easy.... let's see some punchlines!

    1. Re:Oblig. IP jokes. by 2.7182 · · Score: 5, Funny

      Look, if the FBI didn't have a good reason, I'm sure they wouldn't have done that. Let's stop trying to hinder their investigations and let them get their jobs done.

    2. Re:Oblig. IP jokes. by v1 · · Score: 4, Insightful

      it's for the public safety, you do realize that trumps all laws?

      --
      I work for the Department of Redundancy Department.
    3. Re:Oblig. IP jokes. by Runaway1956 · · Score: 3, Insightful

      No, you're confusing, or allowing others to confuse, real hunches with cover ups.

      I've had hunches. Probably everyone has. You just KNOW something to be true, but you can't explain rationally how or why it is true. There's nothing illegal or wrong with a hunch - it's just not admissable as evidence. It DOES make a decent reason to investigate something, but it doesn't validate a warrant.

      So - you get your hunch, you investigate as far as you can, and if you find evidence supporting the hunch that convinces a judge, then you get your warrant.

      Let's not confuse this with a bad cop who breaks both of a man's knees to get a confession, then calls it a "hunch".

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  2. Law enforcement thinks they're above the law. by LostCluster · · Score: 5, Insightful

    This is one of the biggest problems with cloud-stored data... if the FBI calls and wants it, they'll also attach a request that the service provider not tell you... and as we see that all fits on a Post-It Note. The FBI doesn't like letting the target of their investigations know they're been snooped upon... and the service provider is glad to not tell you they've violated their own privacy policy by giving out info without the proof that they're being legally obligated to do so. There could be a law in the way requiring... wait, they're already doing this despite there being laws in the way!

    1. Re:Law enforcement thinks they're above the law. by Tanman · · Score: 5, Insightful

      If they aren't punished, then they are above the law.

    2. Re:Law enforcement thinks they're above the law. by Verteiron · · Score: 5, Insightful

      It can't be said enough: Encrypt everything.

      --
      End of lesson. You may press the button.
    3. Re:Law enforcement thinks they're above the law. by Anonymous Coward · · Score: 3, Interesting

      If they aren't punished, then they are above the law.

      Well, there are two laws in effect here:

      For the public: "If you have nothing to hide, you have nothing to fear."

      For the government: "If you have nothing to fear, you have nothing to hide."

      It's not the crime, it's the coverup. I wouldn't mind living surveillance state half as much as I do, if only the government were honest with its citizens about it. If that's what it takes to make it legal, go through channels and repeal the Fourth and Fifth.

      And yet, even though they have nothing to fear, they still try to hide.

    4. Re:Law enforcement thinks they're above the law. by Ziekheid · · Score: 4, Insightful

      Whenever I tell someone I actuall do that they always start to wonder what I have to hide, they'll be uploading new pictures of last weekends night out on their community profile which isn't set to private a few hours later..
      My reason for doing it is simple though, it's none of their damn business. Isn't that enough?

    5. Re:Law enforcement thinks they're above the law. by Verteiron · · Score: 4, Informative

      Well, there's this, which is probably the safest method for voice communication. There are software apps for Windows Mobile that encrypt voice connections. You could use an Android phone and Google Voice, provided Google doesn't crater immediately to post-it requests. You could use Skype with the same proviso.

      Bottom line is, though, if you have something that you really, really don't want the government to know about it, don't use a phone (particularly and especially a regular cell phone) to communicate it.

      --
      End of lesson. You may press the button.
    6. Re:Law enforcement thinks they're above the law. by Chris+Burke · · Score: 4, Insightful

      I wouldn't mind living surveillance state half as much as I do, if only the government were honest with its citizens about it.

      You mean like in 1984, where the government was quite explicitly and openly spying on everyone, and sometimes the spook spying on you would speak directly to you if you weren't being a good enough citizen? Yeah that'd be sooo much better.

      The coverup isn't good... but no, it's the crime.

      --

      The enemies of Democracy are
    7. Re:Law enforcement thinks they're above the law. by joocemann · · Score: 4, Insightful

      If they aren't punished, then they are above the law.

      Justice continues to escape US Citizens. Current leadership and administrations said they would care, but ultimately have shown complacency and tolerance for injustice. When are we to believe them to be any different? Actions speak louder than words, and the last year of inaction speaks loud and clear as to who we're really dealing with.

    8. Re:Law enforcement thinks they're above the law. by oakgrove · · Score: 4, Funny

      Whenever I tell someone I actuall do that they always start to wonder what I have to hide

      Do they have curtains covering their windows? What do they have to hide?

      --
      The soylentnews experiment has been a dismal failure.
    9. Re:Law enforcement thinks they're above the law. by Runaway1956 · · Score: 3, Interesting

      "Do you really think that the cop who pulls you over for a traffic violation really needs to call a judge to get approval to ask you if he can search your vehicle? That's ridiculous."

      In the US? Yes, he does. I've denied permission to search my vehicle on three occasions, and got different answers each time. 1. "If a dog smells something, I can search without your permission." "So, get the dog!" 2. "I can arrest you, and take you jail, then impound your car and search it." "Arrest me on what charge? Failure to agree to be searched?" 3. "I can get a warrant." "If you have probable cause, why don't you already have the warrant?"

      In short, my car has NOT been searched, because I DENIED PERMISSION. The moment you waver, and say something that might be construed as permission to search, you WILL BE searched.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  3. ThePlanet by Anonymous Coward · · Score: 5, Interesting

    From an ex-employee who worked there, I have heard FBI agents walk into TP's data center with their own key cards, pull whatever they want and on the way out, wave at the guy running the DC while dropping off the necessary paperwork on the way out.

  4. Re:Hey by morgan_greywolf · · Score: 4, Funny

    I wonder if this method would work at a bank?

    I might save some time in the drive thru...

    Well, it would definitely attract the attention of the FBI anyway...

  5. Thank the PATRIOT Act by Anonymous Coward · · Score: 5, Insightful

    They're not above the law -- they are following PATRIOT Act that is still in place. This wonderful piece of legislature allows FBI to ask for records while placing a gag order on the source, i.e. whoever is going to give you up will not be allowed to tell you that your records are going to be send to law enforcement agencies.

    Want change? Ask Obama to finally become the president of the U.S.

  6. "LAW ENFORCEMENT" by Anonymous Coward · · Score: 3, Insightful

    Break the law, go to jail!

    1. Re:"LAW ENFORCEMENT" by goldaryn · · Score: 4, Funny

      Break the law, go to jail!

      I find your ideas fascinating, and I would like to subscribe to your newsletter.

  7. No website really promises privacy by Anonymous Coward · · Score: 4, Informative

    Every privacy policy that I've read - and I read every one for every website I do business with - states that they will give information to law enforcement or to entities that enable them to do business or to enhance my customer experience and then some.

    They also say that they can change the terms any time they want.

    In other words, no website really promises to keep you or your data private in their policies.

    Google is one of the biggest offenders, btw. They constantly change their shit.

  8. Re:Democrats, as usual! by Chris+Burke · · Score: 4, Funny

    No, remember, exposing what the FBI is doing is what destroys America. If you don't want the FBI to illegally spy on terrorists -- and of course that's the only people they spy on, even if the report says the opposite -- then you want terrorists to destroy America. Because you love terrorists. And hate America.

    --

    The enemies of Democracy are
  9. Category name change by Anonymous Coward · · Score: 5, Insightful

    I propose that yro be renamed wro - What Rights Online?

  10. Re:Democrats, as usual! by Ashriel · · Score: 4, Insightful

    Actually, if you had read the article, you'd realize that the DoJ findings pertain to FBI activity between 2003-2007. The report also mentions that towards the end, the FBI began cleaning up its practices a little - probably in anticipation of a new administration. Of course, now that the new administration has revealed itself as the same old administration with better table manners, they're probably back at it again.

  11. Tried that at a bank once ;-) by syousef · · Score: 3, Funny

    Wrote on a post-it-note "Want $2,000,000" in small unmarked notes. All they did was have me arrested:( Clearly I need to work on my social engineering skills. Maybe next time I won't walk in with my helmet on, so they can see my big friendly smile.

    --
    These posts express my own personal views, not those of my employer
  12. Credit card statements by rwa2 · · Score: 3, Funny

    I don't really care about my phone records (I never really call anyone anyway). But how hard is it for them to sift through my credit card records looking for dirt?

  13. Trump phrases by psithurism · · Score: 5, Informative

    Wait, I thought the trump card was "But think of the children!"

    There's a whole suit of 'em:
    http://en.wikipedia.org/wiki/Thought-terminating_clich%C3%A9

  14. Re:Yet it is amazing... by Shatrat · · Score: 4, Insightful

    Pretending this is a partisan issue is one good way to guarantee it continues and gets worse.

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  15. How is this report "damning"?!? by geekmux · · Score: 5, Insightful

    I'll believe it is a "damning" report when I see the FBI Director forced to "retire" over this. Not bloody likely.

    Yeah, I know this kind of shit probably went on pre-9/11. It was likely kept a bit more secret then. I just have a problem with the whole "yeah, so what if I did...What the fuck are YOU gonna do about it?" mentality they seem to take today with it, that's all. They don't operate along side, around, or even above the law. They just don't give a fuck anymore because everyone was issued a master key labeled "anti-terrorism". Why should I be worried about a terrorist attack when I'm too busy being attacked by my own Government?

    I find it absurdly ironic that the "Justice" Department released this. Why do we have that Department again? They don't seem to be doing much these days to earn their name or the billions we pour into it.

  16. Conclusions by Darth+Cider · · Score: 3, Insightful

    The obvious inferences, which aren't being expressed here so far, are:

    1. Journalists are still important, in that they dig up this kind of information.
    2. We all knew this would happen, after the relaxation of civil liberties laws.
    3. There are probably worse things going on that we will never know about.
    4. It's patriotic to insist that law enforcement personnel do what is right, and obey the law, and not look for ways to subvert it or bend the rules, because otherwise they are part of the problem, not part of the solution.

    It's human nature to take the easy way and do what is expedient, which is how it plays out in TV cop shows. But in the real world, these guys have to do what is right, for the sake of the light of liberty - which is incredibly fragile. They're supposed to be defenders of the Constitution, which is a very fragile idea about freedom. I hope the agencies involved see the big picture and understand what is really at stake, rather than get defensive and cynical about troublesome rules and regulations that "only make their work harder."