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FBI's Hacks Don't Comply With Legal Safeguards

An anonymous reader writes: The FBI hacks computers. Specifics are scarce, and only a trickle of news has emerged from court filings and FOIA responses. But we know it happens. In a new law review article, a Stanford Ph.D. candidate and privacy expert pulls together what's been disclosed, and then matches it against established law. The results sure aren't pretty. FBI agents deceive judges, ignore time limits, don't tell computer owners after they've been hacked, and don't get 'super-warrants' for webcam snooping. Whatever you think of law enforcement hacking, it probably shouldn't be this lawless.

14 of 64 comments (clear)

  1. Surprise? by Anonymous Coward · · Score: 5, Insightful

    Is there anyone in the world who does not believe the American CIA/FBI/NSA don't spy on whoever they want without regard to the legal process? When you have that kind of power and secrecy, you use it. And you don't let some pesky 200+ year old document stop you. Warrants are a mere formality; by the time they get around to getting one they already have the info they want. All the warrant is for is to make it legally admissible in court.

    1. Re:Surprise? by bill_mcgonigle · · Score: 4, Insightful

      And why shouldn't they? Do you think a single person will see a minute in prison for this?

      Knowledge is advantage is power - of course they will abuse their position - they have no incentive not to.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    2. Re:Surprise? by khallow · · Score: 5, Funny

      Do you think a single person will see a minute in prison for this?

      I think a lot of people will see prison for this. Just not the people you're thinking of.

    3. Re:Surprise? by dcollins117 · · Score: 5, Insightful

      When "law enforcement officials" break the law it makes it hard to tell the good guys from the bad guys.

      Unwarranted surveillance means we are all considered suspects. We are not citizens anymore, we are suspects. What incentive do we have to cooperate with LEO?.

    4. Re:Surprise? by ihtoit · · Score: 4, Insightful

      who gives a fuck if it's republicrat or fucking fraggle ruled?? The point is it's fucked, partisan division be damned.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
  2. So they are behaving like criminals by gweihir · · Score: 5, Insightful

    Only that they have those in power behind them. When law enforcement is not bound by law anymore, that is a police state, the precursor to a totalitarian state. The signs are well-known from past occurrences, as is the further story: Unless constrained very tightly by the law again, these people will eventually cause a total catastrophe. Checks and balances are not fluff, they are essential to keep the likes of these people in check.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    1. Re:So they are behaving like criminals by gweihir · · Score: 4, Interesting

      Well, yes. Voters are no really working insurance against such catastrophes. While Hitler had a minority government, he was voted into office as Chancellor. Without that he would have it found far harder (or impossible) to take over the state. If the mood among the voters is right, something like that could happen in the US as well. And if at that time, checks and balances have been eroded enough, and law enforcement has gotten used to not being held accountable for what they do, the catastrophe is there.

      Remember that it was not raging SS hordes that sent most Jews to the KZs, it was mostly ordinary police following orders. These things always happen over a while and today they are happening slower than ever, but the US has already tried out how to torture people, how to hold them forever without due process and police accountability is at an all-time low. I am also sure the NSA has nice little lists on who to arrest and who to shoot (while "attempting" to arrest them of course).

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  3. SHOCKING! by SeaFox · · Score: 3, Insightful

    Haven't we been reading about this for a few years now? LEO's not following the law when it comes to wiretaps and obtaining information from companies about customers they believe are connected to crimes they are investigating.

    There's one thing missing in all these stories -- people at those agencies being held responsible for their actions.

  4. FBI: "So What!" by Anonymous Coward · · Score: 5, Insightful

    The FBI doesn't give a shit about the law or the rules. Who's going to stop them?

    You can't sue, because you can't prove you have standing. They use their illicitly gathered evidence to parallel-construct a case without ever revealing whatever hacks they used. They classify volumes of information to hide evidence of their own wrongdoing. They use secret tools like stingrays to gather secret evidence which they attempt to present in secret, sealed and off the record. And in the event that an "activist judge" calls them on it, they withdraw the evidence so as not to have it revealed, and then re-file charges a month later to go shopping for a different judge.

    The police state is strong in America. Hoover is jizzing in his grave, I'm sure.

    1. Re:FBI: "So What!" by Tokolosh · · Score: 3, Insightful

      This is inevitable when the checks and balances are absent. And the checks and balances are completely AWOL. The judges have completely collapsed in the face of their duty to uphold the law and the Constitution.

      Yes, the FBI is comprised of a bunch of kids from Lord of the Flies, but the judiciary must be called out, too. Some naming and shaming of judges is in order. I'm looking at you, SCOTUS, for starters.

      --
      Prove anything by multiplying Huge Number times Tiny Number
  5. Re:Child porn by Cafe+Alpha · · Score: 5, Interesting

    I have news for you, people who intend to be criminals, pedophiles included, flock to join law enforcement agencies.

    I remember someone relating a story about having a friend in the CIA who also happened to be a pedophile ...

  6. Amusing by nehumanuscrede · · Score: 4, Insightful

    I find it odd that we're supposed to follow the rule of law, yet the very ones in charge of enforcing those laws seem to have no qualms at all about breaking them whenever it suits their needs. All under the guise of "protecting" us from $evilplot of course. :|

    In the end, Orwell was right I guess. Some animals are more equal than others.

  7. Parallel Construction = Perjury by Anonymous Coward · · Score: 5, Interesting

    Giving it a fancy name like 'parallel construction' is to conceal its nature. That is perjury, that is falsification of evidence, an officer goes into court and lies about the evidence trail, in front of a judge and denies the defense the chance to cross examine the TRUE evidence trail.

    Quit calling it "parallel construction" can call it what it is and that's typically falsification of evidence (a police officer lies about "bad driving" or whatever reason he invented to justify a stop), followed by perjury to back that lie.

    And it gives the spooks leverage over the police too, they know the police officer lied, they know the crime that was committed, so don't expect the police force to police the military spooks. General Alexander lied to Congress and they practically wiped his ass they were so afraid of him.

    Thanks god for Snowden, because Alexander was doing a tour like he was planning a Presidential bid. Snowdens revelations squashed all that. We'd have a Putin figure running for president with access to a file on his opponents. Snowden put a stop to that.

  8. The sensible thing would be to take it away by Opportunist · · Score: 3, Insightful

    Just as we get to see for us plebs. Some people are unfit for handling certain responsibilities, so it gets taken away. From chemicals to electronic devices to fireworks and even certain kinds of ammunition and weapons. Outlawed because there have been some idiots who can't handle the responsibility.

    So the FBI has shown that it cannot handle the responsibility to use the tools provided sensibly. Then they should have to do without them. Yes, that makes your life a bit harder and your job a bit more complicated, but sorry, it seems you are unfit of using the better tools, so get used to the inferior ones.

    And be glad that we don't take that shit away too!

    That's what would happen if the FBI was some sort of private organization or even a private person. Sadly, they are part of the government, so they are allowed to be as incompetent, obnoxious and destructive as they please without any repercussions.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.