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Federal Agents Quietly Using Social Media

SpuriousLogic passes along this excerpt from the ChiTrib: "The Feds are on Facebook. And MySpace, LinkedIn, and Twitter, too. US law enforcement agents are following the rest of the Internet world into popular social-networking services, going undercover with false online profiles to communicate with suspects and gather private information, according to an internal Justice Department document that offers a tantalizing glimpse of issues related to privacy and crime-fighting. ... The document... makes clear that US agents are already logging on surreptitiously to exchange messages with suspects, identify a target's friends or relatives and browse private information such as postings, personal photographs, and video clips. Among other purposes: Investigators can check suspects' alibis by comparing stories told to police with tweets sent at the same time about their whereabouts. Online photos from a suspicious spending spree... can link suspects or their friends to robberies or burglaries." The FoIA lawsuit was filed by the EFF, which has posted two documents obtained from the action, from the DoJ and Internal Revenue (more will be coming later). The rights group praises the IRS for spelling out limitations and prohibitions on deceptive use of social media by its agents — unlike the DoJ. The US Marshalls and the BATFE could not find any documents related to the FoIA request, so presumably they have no guidelines or prohibitions in this area.

33 of 171 comments (clear)

  1. Is anyone surprised? by calibre-not-output · · Score: 5, Insightful

    If you need a leaked document to know that spies are spying, you fail at life. Obviously information-gathering agencies will deploy personnel wherever there are large amounts of potentially useful information to be gathered.

    --
    Nothing lasts forever but the certainty of change.
    1. Re:Is anyone surprised? by DJRumpy · · Score: 2, Insightful

      You joke on this, but what is the difference between an agent questioning you in real life and online? They are required to identify themselves in person, are they not? Why should online be any different?

    2. Re:Is anyone surprised? by amicusNYCL · · Score: 4, Informative

      They are required to identify themselves in person, are they not?

      No, they're not.

      Why should online be any different?

      It shouldn't.

      source

      Are Police Allowed to Lie?
      The question of whether or not the police may lie during the course of their work goes hand in hand with the question of entrapment.

      It is well accepted that deception is often "necessary" to catch those who break the law. There is no question that police officers are allowed to directly mislead and/or deceive others about their identity, their law enforcement status, their history, and just about anything else, without breaking the law or compromising their case. Conversely, it is illegal for an ordinary citizen to lie to the police in many jurisdictions.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    3. Re:Is anyone surprised? by KahabutDieDrake · · Score: 2, Insightful

      They may lie, but they aren't supposed to forge documents. They also aren't granted carte blanche to break TOS and therefore "hack" into any website they like. Does Facebook grant a TOS exception for law enforcement? It is still against the law to gain access to a computer through fraud isn't it? Yeah... how about that, it turns out written law isn't the only law. I'm shocked, how about you?

  2. I'd hope so. by Mekkah · · Score: 5, Insightful

    If you are making your information publicly available, wouldn't you expect your government to take advantage of it?

    Hint: Don't accept friend requests from someone named, Uncle Sam, Uncle Sammy, or that super model that wants to know where you live and were Saturday night between 10pm and 2 am.

    Oh and don't tweet if you're gonna lie about it later to police.

    --
    ~Mekkah
    1. Re:I'd hope so. by lxt · · Score: 4, Insightful
      Exactly. People who are stupid enough to fall for it deserve what they get.

      This isn't the government going behind your back, putting you under covert surveillance. It's completely in the open. A friend of mine used to work for the MA state police, in the computer forensics unit. He was amazed at the number of gang members who would just openly accept his friend request on Facebook, which would lead to him quietly beavering away to figure out the social network of the gang, where they met, what they got up to. Sneaky? Perhaps, but not illegal.

      Really, people are just plain stupid.

    2. Re:I'd hope so. by Ethanol-fueled · · Score: 3, Insightful

      Probably means that there's a shortage of real crooks like terrorists and spies, so the feds have to do something to justify their elephantine budgets and keep their bust-numbers high.

      Hey, ICE? Hi, this is Agent Smith from the FBI and I'm calling to report a MySpace profile featuring a black guy with gold chains and a new car that he probably stole from some hapless old lady. Can you go pick 'him up for me? Warrants? Nah, if the judge asks just say that the guy's an illegal alien or he's downloading music or somethin'. On your way? Thanks.

    3. Re:I'd hope so. by betterunixthanunix · · Score: 4, Insightful

      However, the government should not be taking advantage of stupidity to undermine our rights. It is one thing for an agent to communicate with people who are already under investigation -- such as with your state police friend who communicates with gang members -- but it is an entirely different story when the government starts randomly probing into people's lives. The line is very, very fine here...

      --
      Palm trees and 8
    4. Re:I'd hope so. by Anonymous Coward · · Score: 2, Insightful

      You have the right to remain silent. Use it! If you give up that right anything you say can and will be used against you. Nothing you say will help you. Clam up.

    5. Re:I'd hope so. by Dog-Cow · · Score: 4, Insightful

      We're not talking about the police asking Facebook to hand over server storage so they can browse at their leisure. We're talking about government agents using Facebook or Twitter the exact same way that you or I would use it. There's nothing wrong with that.

      I suppose that it's possible someone could have an issue with possible entrapment, but I can't see where there's a privacy issue just because you don't think the stranger whose invite you accepted might be a cop.

    6. Re:I'd hope so. by betterunixthanunix · · Score: 4, Interesting

      No, we are talking about government agents create fake profiles for the purpose of extracting information from people and granting access to the profile to other agents, and then calling it an "undercover operation." It is the equivalent of a government agent convincing someone to give the agent a key to their home, so that law enforcement personnel can wander through their house and look through their things.

      It is as much of a privacy issue as an FBI agent going undercover as a babysitter would be. If it is just a technique for finding information on people who are already suspects in a crime, it is a prudent method for gathering evidence; but if and when the situation changes and the government starts using these tactics against random people, just to see if crimes are being committed, then it is a serious invasion of privacy.

      --
      Palm trees and 8
    7. Re:I'd hope so. by betterunixthanunix · · Score: 4, Interesting

      What stops this process from being automated or performed en masse? There are chat bots that could carry on a conversation with a person long enough to convince the person to accept a friend request, and the government could then simply download the entire profile that the person posted -- and continue to receive updates, and all done automatically. It would not be trivial, but it is certainly conceivable that such an operation could be carried out by a large agency that employs expert programmers.

      --
      Palm trees and 8
  3. -or- Welcome to the internet by pavon · · Score: 5, Funny

    Where the men are men, the women are men, and the little girls are FBI agents.

    1. Re:-or- Welcome to the internet by Monkeedude1212 · · Score: 2, Funny

      Hi, I'm Chris Hansen from Dateline NBC. Why don't you take a seat over there.

    2. Re:-or- Welcome to the internet by halcyon1234 · · Score: 2, Funny

      Funny, I remember reading that quote re: IRC, back in the day.

      That wasn't a quote. That was an FBI agent.

    3. Re:-or- Welcome to the internet by Yvan256 · · Score: 2, Funny

      "In those days spirits were brave, the stakes were high, men were REAL men, women were REAL women, and small furry creatures from Alpha Centauri were REAL small furry creatures from Aplha Centauri." - The Hitchhiker's Guide to the Galaxy

  4. Also.. by e2d2 · · Score: 4, Insightful

    They can also meet you at a bar and pretend they want some coke. A fucking travesty of justice I tell you.

    1. Re:Also.. by betterunixthanunix · · Score: 2, Interesting

      Except that this is different, in that once an agent has "friended" you on Facebook, your profile becomes available to the entire investigative agency. If an agent meets me at the bar and engages me in conversation, they learn only as much as I tell them -- perhaps that is a significant amount, perhaps they can use that conversation to investigate me further, but they are not receiving a profile of my entire life, and they cannot continue questioning me when I am not around. It is the nature of round-the-clock access to a person's profile and life, and the spillover into their friend's lives (now the agent can read wall posts and various other little hints about what your friends are up to) that makes this a more intrusive form of investigation.

      --
      Palm trees and 8
    2. Re:Also.. by Thinboy00 · · Score: 5, Insightful

      Hint: Don't friend random strangers on Facebook et al.

      --
      $ make available
    3. Re:Also.. by Anachragnome · · Score: 2, Insightful

      "Hint: Don't friend random strangers on Facebook et al."

      While that is good advice, it can be refined some...

      Hint: Don't use Facebook at all.

  5. Why is this different? by captaindomon · · Score: 4, Insightful

    How is this different than what the FBI does offline? It's just an online version of an offline undercover sting, right?

    --
    Just because I can hook a shark from a boat, I do no offer to wrestle it in the water.
    1. Re:Why is this different? by Monkeedude1212 · · Score: 2, Informative

      Why should a cop who is being deceptive while investigating one suspect suddenly be allowed to access people, perhaps 100's or 1000's who may or may not be involved in any way?

      Are you saying an offline undercover cop should be a blind idiot and focus ONLY on the ONE person associated with selling drugs, and not the supplier of the drugs, or the purchasers? Then whats the point of going undercover?

      This is no different. If you know a Drug Dealer, everyone the drug dealer associates with is suspect, that is just the way it works. Hey, the dealers wife might not know he deals drugs, she might be completely innocent, or she could be the brain behind the whole operation, regardless, the cops have to look into it, otherwise they'll get nowhere.

  6. Well perhaps they're not allowed speakers at work by Orga · · Score: 2, Funny

    I wouldn't be surprised if they're all using headphones to listen to youtube videos and peoples favorites songs on myspace. I believe their latex gloves also make typing quieter

  7. Good by SoupGuru · · Score: 4, Insightful

    If they weren't doing something like this, I'd wonder what the hell was wrong with them.

    --
    What doesn't kill you only delays the inevitable
  8. Turn it against them by MSRedfox · · Score: 5, Funny

    So if they want to use my tweets to break alibis, does this mean I can make tweets to reinforce them? '8:00 in bed and going to sleep' '9:00 woke up to the sound of a gun shot in the distance, I hope Bob the snitch is okay' '9:15 Going downtown with Officers for a cup of coffee, they are so nice' '9:30 after officers read my tweets, they apologized for wasting my time and drove me home'

  9. "Publicly available" by betterunixthanunix · · Score: 4, Funny

    Facebook is popular because its users believe that their information is not publicly available. Yes, it is a complete falsehood, but the reality of life is that most people do not realize just how public the information on Facebook really is, and that is why these sorts of activities are so problematic. We are supposed to live in a country where the government does not arbitrarily spy on its citizens, even for the purposes of law enforcement.

    --
    Palm trees and 8
  10. Re:alibis by Nos. · · Score: 2, Informative

    No, the tweet (or whatever) likely isn't proof, but it does given the authorities reason to investigate further. If you're a suspect, and answered questions one way, and posted to facebook that you were doing something completely different, its worth investigating the discrepancy. ie: You told the police you were home in bed, but you're friends' facebook pages all say you were out partying... well, its worth going to talk to your friends.

  11. No privileged access == no problem by surmak · · Score: 2, Insightful

    I don't see a problem as long as they are not doing anything that any other user can do. If they lie to you to get you to accept them as a friend, or browse public data, that is perfectly OK.

    On the other hand, I would have problem if they get access to the database, or otherwise bypass the user-managed access control/privacy features. I would also have a problem if they developed a Facebook app and tricked a suspect into running it. (apps can have more access to your profile than friends do.)

  12. As a member of SDS by linzeal · · Score: 2, Interesting

    We are not the baby boomer's SDS run by Marxist dogma by the way. Just wanted to get that out there before people start yelling commie. Mostly we act as a guard against the insane grabs of power and money by academic institutions that have been occurring at an alarming rate since the late 1990's. We are about as socialist on average as the socialist democrats are in Europe, even though we have some outliers.

    We have had an online presence for years and the one thing we set out at the start was to be open so if infiltration happened it would be well documented. There are no closed email lists, no secret societies and no calls to violence or overthrowing of the government. However, that does not mean that we have not been spied upon and we do take threats to our civil rights to assembly, speech and liberty seriously. What we worry about mostly is the threat of the government running counter intelligence programs against us like COUNTELPRO in the 70's since the FBI and the US DOD have been linked to some instances of agent provocateur activity during the Bush years. So the question that any investigation of these acts by the government is when they stop being surveillance and start being about collecting data on honest citizens who surround a suspect and via police misconduct and prosecutorial witchhunts.

  13. Police are allowed to lie. by Oxford_Comma_Lover · · Score: 3, Interesting

    IANAL, so don't believe or rely on a word of my post. However:

    (1) Police are allowed to lie. The most common example is in interrogations and interviews. One of the most successful techniques for eliciting a confession from a suspect is confronting them with evidence against the suspect. The police will do this with both false and true evidence. The false evidence (pretending they have evidence) may be slightly less effective than true evidence, IIRC, but both are common interrogation techniques. Source: Lao's "Inside the Interrogation Room." Google it. Personally, I think it's one of the main reasons that we have a huge segment of society that really hates the police--it's not because the police are arresting them, it's because to most people, a lie is unprofessional and insulting, and the police use them all the time. It's a problem, because officers do a lot of really good work and are often very professional. I think every time I've encountered a police officer, they've been polite and professional. But many people I've known have had the opposite experience.

    (2) You are usually allowed to lie to a cop, but you shouldn't. It IS a crime to lie to a Federal Agent, IIRC, but in most states I don't think it's a crime to lie to a police officer. But if you're arrested for something and you go to trial, you're going to have to explain why you lied to the cop. And a cop can ALWAYS find something to arrest you with. Good luck getting the jury to believe you after you've been caught in a lie. "So you lied to the officer?" "Yes." "But that means you're a liar, doesn't it?" "Er..." "So you're story is you lie sometimes to police officers, but you don't lie to juries?"

    (3) Police are also allow to do pretty much anything a member of the public can do, and some things a member of the public can't, to pursue a criminal investigation. For example, in... Wisconsin, I think... police officers can do what would be considered identity theft if someone else did it.

    (4) In the South, police can do whatever they want. This isn't true legally, but sometimes it's true in fact. (Although you can always fight them in court, after.) They may be more helpful if you're white (I actually saw them helping a woman change her tire!) but more likely to pull you out of the car and threaten you at shotgun point for being both black and in their town. (Happened to someone I know.) Although these are generalizations; there are really wonderful police officers all over, as there are really horrible ones in many places. You get encounters with good cops and bad cops everywhere.

    --
    -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    1. Re:Police are allowed to lie. by PopeRatzo · · Score: 2, Insightful

      Police are allowed to lie.

      Not only are they allowed to lie, but there are absolutely no penalties, civil or criminal, to prosecutors who knowingly frame you, according to a Supreme Court case last year.

      Let that sink in...prosecutors are immune from any penalties for knowingly framing someone.

      Thank you, Justices Roberts, Scalia, Alito, Thomas and Kennedy.

      --
      You are welcome on my lawn.
  14. Re:Warrant by PopeRatzo · · Score: 3, Insightful

    And before anyone flames me for warrant-less wiretapping by the NSA, that was an illegal act and they got burned hard for it.

    Is that why warrantless wire-tapping continues?

    FISA is still the law of the land. The PATRIOT Act is still the law of the land.

    If you ever want to be chilled to the bone, read the PATRIOT Act. You can do it in just a few hours.

    By the way, it's worth noting that the renewal of the PATRIOT Act was passed using the same type of "deem and pass" legislative maneuver that is now being used by the democrats in the House of Representatives to pass health care. Funny how it wasn't that big a deal back then. The argument is that the PATRIOT Act wasn't as big a deal as health reform.

    Considering PATRIOT allows unidentifiable law enforcement agencies to arrest and detain you without identifying themselves or giving you any Miranda rights, I'm inclined to disagree. But that's just me.

    --
    You are welcome on my lawn.
  15. They are also mining facebook photos with tags by CPE1704TKS · · Score: 2, Informative

    Who is surprised that the Feds are using Facebook??

    Does anyone not realize that they are mining all the photos on Facebook, Flickr, Picasa, etc, for pictures of people, and cross-referencing them based on tags? Talk about a wealth of photos that can be used to definitively identify a person.

    If you have been tagged on any photo on Facebook, most likely you are already in the Fed's database, as well as the ability to recognize your face as well. Walk anywhere near a camera, and those cameras can instantly use facial recognition to figure out your name, age, etc, simply based on freely available information from these social networks.

    Privacy is dead.