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FBI Rejects Freedom of Information Act Request About Carrier IQ

bonch writes with news that website Muckrock recently sent a Freedom of Information Act request to the FBI asking for "manuals, documents or other written guidance used to access or analyze data gathered by programs developed or deployed by Carrier IQ." The Bureau has now responded with a rejection of the request, claiming an exemption applies because such documents "could reasonably be expected to interfere with enforcement proceedings." While many have been quick to assume the worst, the Muckrock article says it's unclear "whether the FBI used Carrier IQ's software to in its own investigations, whether it is currently investigating Carrier IQ, or whether it is some combination of both - not unlikely given the recent uproar over the practice coupled with the U.S. intelligence communities reliance on third-party vendors."

31 of 156 comments (clear)

  1. I'm stunned by mr1911 · · Score: 5, Insightful

    A government agency does not want to hand over information that may link it to abusing its power. I've never heard of such a thing. Maybe Eric Holder is advising them as to handle the situation.

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    1. Re:I'm stunned by ackthpt · · Score: 4, Funny

      A government agency does not want to hand over information that may link it to abusing its power. I've never heard of such a thing. Maybe Eric Holder is advising them as to handle the situation.

      Perhaps Putin made some of his fortune as an adviser.

      being an ex-cagey bee and all...

      --

      A feeling of having made the same mistake before: Deja Foobar
    2. Re:I'm stunned by Gription · · Score: 4, Interesting

      Letting citizens exercise the rights could "interfere with enforcement proceedings" so hand over all your rights immediately!

    3. Re:I'm stunned by PopeRatzo · · Score: 4, Interesting

      A government agency does not want to hand over information that may link it to abusing its power.

      The only thing we know for sure is that the companies that installed this iCarrier spyware definitely abused their power.

      If the abuse goes up to the FBI, then there's no way that information is not going to come out. We'll know soon enough where iCarrier came from and where we should aim our ire. The iCarrier story is just getting started.

      --
      You are welcome on my lawn.
    4. Re:I'm stunned by snowgirl · · Score: 5, Insightful

      A government agency does not want to hand over information that may link it to abusing its power. I've never heard of such a thing. Maybe Eric Holder is advising them as to handle the situation.

      ... or your government might not want to hand over information that it is investigating a criminal act by a corporation.

      If you filed a FOIA request for Maddof's case while they were building it, they would have denied that one, too, but not because they were abusing their power.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    5. Re:I'm stunned by erroneus · · Score: 3, Informative

      But when the FBI/CIA/NSA or some other TLA requests details of a carrier's customer, they PAY for it. Were you not here when there were massive discussions about the release of a carrier's price list for law enforcement and the services they offered to them? Law enforcement doesn't have to get a warrant or a subpoena, they just fill out an order form, check the appropriate boxes and send payment. It's not "law." It's commerce.

    6. Re:I'm stunned by couchslug · · Score: 5, Funny

      Good thing we elected Obama to stop this shit.

      Oh.....

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    7. Re:I'm stunned by PopeRatzo · · Score: 4, Insightful

      My *bet* is it came from some middle manager. Who came up with the idea of 'metrics'.

      So you believe that this spyware was installed on all those devices based on a decision that someone in "middle management" made?

      And this one middle manager made this decision for at least three separate companies (Apple, HTC and Samsung)?

      I had no idea that Apple, HTC and Samsung had all hired the same middle manager. I've heard of people with three jobs, but this must be one hard-working middle manager.

      --
      You are welcome on my lawn.
    8. Re:I'm stunned by Luckyo · · Score: 3, Informative

      Notably, both Stalin's regime and entire Stasi organisation have been significantly less successful at monitoring people. We long past the point where even those comparisons in terms of monitoring would be appropriate. To try to whine about Putin, who actually failed at any significant monitoring of his people (as in comparison to both above) shows extreme depth of ignorance in the subject. As it stands now, top countries in terms of monitoring their citizens are located in the West, and the gap between them and others is more of a huge chasm.

    9. Re:I'm stunned by Runaway1956 · · Score: 4, Insightful

      Citations?

      The KGB and Stasi were remarkably successful at what they did. Yes, I know that the US is moving beyond their example, but how far down that road are we? IMO, the UK is much further along than the US is. And, you could probably make a case for the UK surpassing the USSR. But, citations are in order, if you make that attempt. Not to mention, any attempts to quantify and to qualify the comparisons might be suspect. Are there records available somewhere, documenting how many Stasi there were, and how frequently they monitored each citizen? Can we check their reliability in identifying "enemies of the state"?

      Your final sentence is almost certainly correct. But, how do we verify that?

      --
      "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
    10. Re:I'm stunned by bill_mcgonigle · · Score: 5, Insightful

      Good thing we elected Obama to stop this shit.

      Note to future voters: look at actions, not words.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    11. Re:I'm stunned by Luckyo · · Score: 4, Interesting

      Stasi was capable actively monitoring every SEVENTH citizen of GDDR. This number was derived directly from their archives, and can be found in a number of currently in-print history books, along with proper sourcing. KGB was significantly weaker in this, in no small part due to the fact that much of USSR didn't even have telephone lines and proper roads until late 70s. The country was just so damn big and sparsely populated. Finally, there was the major problem of management - even if you gathered information like Stasi did, you ended up fucked by the fact that you didn't have resources to process it.

      There are multiple cases of people from companies like Palantir (use google to find citations that haven't been pulled yet due to DMCA or other ways they use to pull them off public websites) stating that not only do US/UK currently monitor EVERY SINGLE CITIZEN, they are officially marketing themselves as companies that have tools that can turn this huge influx of informational mess into useful datasets. In other words they've seen the data, and know that it's a mess due to sheer amounts of it. Which is the main reason why Stasi could only dream of having systems like this in place. Computers powerful enough, networking powerful enough and social incentives for people to put their daily lives into recordable, automatically sortable format simply weren't there in their times.

      I can't find it any more, but I have seen a really nice presentation from Palantir specifically stating all above points that I saw either on wired or ars (or linked from one of their articles on the topic). I'm not sure they still have it though, as it may have gotten pulled on copyright grounds.

    12. Re:I'm stunned by Yvanhoe · · Score: 4, Insightful

      If you could go back to the Cold War era and tell Western citizens that in 2011 they would all carry a device that is always on, is comprised of a microphone and a speaker and broadcast their location to central databases that archive that during several years they would tell you : "so, USSR won ?"

      --
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  2. Exemptions may apply by ackthpt · · Score: 4, Interesting

    The rule is: If we don't want you to know, then there's an applicable exemption to the rule.

    And we know where you were last Summer...

    --

    A feeling of having made the same mistake before: Deja Foobar
  3. Re:Does it really matter ? by nomel · · Score: 4, Insightful

    I think something about that last bit is where any interest in the data might come from.

  4. Data logging by bonch · · Score: 5, Interesting

    If the FBI is using Carrier IQ data for investigative purposes, doesn't that call into question the earlier claim from security researchers that Carrier IQ isn't logging data?

    1. Re:Data logging by rsborg · · Score: 4, Informative

      If the FBI is using Carrier IQ data for investigative purposes, doesn't that call into question the earlier claim from security researchers that Carrier IQ isn't logging data?

      If you read closely, you'll see that Carrier IQ's argument relies heavily on that data never hitting their servers. The fact that their keylogger-capable malware allows the carrier to extract that info, and consequently hand it to the FBI, is "not their fault" [1].

      [1] http://daringfireball.net/linked/2011/12/08/carrier-iq-interview

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  5. These Are Not The Androids You're Looking For by Jeremiah+Cornelius · · Score: 5, Funny

    You have violated Robot's Rules of Order, and will be asked to leave the future, immediately.

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
  6. Re:Does it really matter ? by poena.dare · · Score: 4, Insightful

    Wise question. Simple answer. 3rd party data collection is cheaper for the carriers.

    CEO: These constant warrantless wiretap requests are a pain in the ass. It's only going to get worse.

    CTO: There's a app for that, y'know.

  7. Stallman Was Right by Anonymous Coward · · Score: 5, Insightful

    "It was also possible to bypass the copyright monitors by installing a modified system kernel. Dan would eventually find out about the free kernels, even entire free operating systems, that had existed around the turn of the century. But not only were they illegal, like debuggers—you could not install one if you had one, without knowing your computer's root password. And neither the FBI nor Microsoft Support would tell you that." - The Right to Read

  8. Re:Does it really matter ? by Jeremiah+Cornelius · · Score: 4, Insightful

    The US government relies on vendors for just about everything.

    Including circumventing Constitutional safeguards against unreasonable search and seizure!

    Hey! Look! Google and Facebook are a Trojan Horse for the unaccountable Police State!

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
  9. Re:Does it really matter ? by fsckmnky · · Score: 3, Interesting

    constant warrantless wiretap requests

    There is no evidence of any warrantless wiretapping occouring. Let me explain.

    Customer wants a phone, customer signs TOS agreeing to be monitored. Carrier does monitoring of customer, which customer agreed to. FBI wants data for an investigation. FBI pays carrier to get records of customer, which customer agreed to allow to be collected and logged. This is not a "warrantless wiretap" just as walking into an FBI office and handing them copies of all your records voluntarily is not a warrantless wiretap.

    I completely get that the outcome of the process, is essentially the same as allowing the FBI to have wiretaps, but only on those who agree to it voluntarily, by way of the carrier TOS. Much like it's a given that Googles log data will be sold to the FBI, and Google clearly spells it out in their TOS.

    The meat of this entire issue, is that, there is currently no way to get a phone in the US, from a carrier, and opt-out of the data collection process, such that one does not voluntarily leave a trail of everything they do. Being able to opt-out, would require law enforcement to get a judge approved wiretap to collect current and future information, as no log will have existed ( in the being able to opt out scenario ).

  10. It's about to get worse! by the+linux+geek · · Score: 5, Informative

    The new National Defense Authorization Act contains an amendment allowing the military the authority to detain American citizens, on American soil, indefinitely and without access to an attorney. The President has said he'll veto it; write to him and hold him to it! This has wide bipartisan support, and while I'm typically hesitant of doomsaying about America becoming a police state, this is the legal codification of one!

    http://www.aclu.org/blog/tag/NDAA

  11. Re:Does it really matter ? by Synerg1y · · Score: 3, Informative

    People, there is a path here...

    http://androidforums.com/evo-4g-all-things-root/459292-how-do-i-remove-carrier-iq-software.html

    Rom your phone, walla no more carrier ifucked.

    It's little things like this why the art of hacking is not all lost despite the American social media's mass confusion.

  12. Re:Does it really matter ? by ackthpt · · Score: 3, Insightful

    Do you realize...

    you can live life w/o google and facebook?

    You just have to move to a remote mountain town here in the rockies and get real good at farming, ez right?

    Sure....

    I've read enough to know those little backcountry mountain towns are the power base for the invasive state security apparatus, "I don't care if a few eggs get broken, just so the one or two things we actually care about get overturned or banned." That attitude, on the part of millions of rural Americans paved the way for Iraq.

    --

    A feeling of having made the same mistake before: Deja Foobar
  13. Re:Does it really matter ? by Adrian+Lopez · · Score: 3, Interesting

    Is Carrier IQ collecting data from customers without their knowledge? Does the FBI have warrants granting them access to those customers' data? If the answer to the former is yes and the answer to the latter is no, what we have is quite literally a warrantless wiretap. It's just that the wiretapping is being carried out by a different party than the one that's supposed to get a warrant.

    --
    "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
  14. Re:Does it really matter ? by Sancho · · Score: 3, Insightful

    Exactly. It's a legal warrantless wiretap, which is the problem.

  15. Re:Does it really matter ? by flaming+error · · Score: 4, Insightful

    > it spells out clearly that you are being monitored and
    > have 0 expectation of privacy
    Website privacy policy != TOS, and provide a URL or it didn't happen.

    No contract with a carrier voids the constitution.

  16. Sid Meier's Alpha Centauri by Guppy · · Score: 5, Interesting

    "As the Americans learned so painfully in Earth's final century, free flow of information is the only safeguard against tyranny. The once-chained people whose leaders at last lose their grip on information flow will soon burst with freedom and vitality, but the free nation gradually constricting its grip on public discourse has begun its rapid slide into despotism.
    Beware of he who would deny you access to information, for in his heart he dreams himself your master."

      --Pravin Lal

  17. Re:Does it really matter ? by fsckmnky · · Score: 4, Informative

    This has zip, 0, nada, to do with the constitution, but you don't get that, because you are on a witch hunt, looking for a witch to burn.

    Go read the mobile device privacy policy / TOS. It's spelled out in black and white. I know this to be a fact for Verizons network, which ironically, apparently, doesn't use CarrierIQ. When you sign up for phone service, you agree to be logged, and you agree to allow {carrier} to give the data to 3rd parties. You have agreed to this. It's no more a violation of the constitution as taking a test and handing it to the teacher, at which point, the teacher can do whatever they want with it. You wouldn't call that a warrantless wiretap would you ?

    When you are done with the witch hunt, the cries of constitutional violations, etc, and you actually start to focus on how to solve the problem, you will realize nothing short of legislation requiring carriers to allow you to opt out will fix this.

    In the meantime, have fun getting angry and burning witches. Anything short of demanding our government representatives fix this via legislation that allows you to opt out will just be wasted emotion, time, and energy.

  18. Re:Apple Logo by jonwil · · Score: 3, Informative

    Google didn't put it in Android but a number of Android OEMs ARE using CarrierIQ, mostly at the behest of carriers like AT&T who said "include CarrierIQ or we wont sell your new phone"