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Hidden FBI Microphones Exposed In California (cbslocal.com)

An anonymous reader writes: "Federal agents are planting microphones to secretly record conversations," reports CBS Local, noting that for 10 months starting in 2010, FBI agents hid microphones inside light fixtures, and also at a bus stop outside the Oakland Courthouse, to record conversations without a warrant. "They put microphones under rocks, they put microphones in trees, they plant microphones in equipment," a security analyst and former FBI special agent told CBS Local. "I mean, there's microphones that are planted in places that people don't think about, because thats the intent!" Federal authorities are currently investigating fraud and bid-rigging charges against a group of real estate investors, and the secret recordings came to light when they were submitted as evidence. "Private communication in a public place qualifies as a protected 'oral communication'..." says one of the investor's lawyers, "and therefore may not be intercepted without judicial authorization."

37 of 205 comments (clear)

  1. And also... by hcs_$reboot · · Score: 5, Insightful

    They put a microphone in my iPhone.

    --
    Slashdot, fix the reply notifications... You won't get away with it...
    1. Re:And also... by Sir+Holo · · Score: 2

      They put a microphone in my iPhone.

      "Hey Siri. Call the local FBI Branch Office."

      iPhone is not the only one (TVs, game systems, other smartphones). "Hey Siri" is disabled by default, and only works when the iPhone is plugged-in to a power source. People are griping about this, but it is a very reasonable way to implement the feature. It means that Siri is not listening to your every word, all day long, as you walk around.

    2. Re:And also... by Sir+Holo · · Score: 2

      When enabled, "Hey Siri" is always listening regardless if the device is connected to a power source or not on the latest iPhone models (6s and SE). This is possible without draining battery life because of the M9 motion coprocessor.

      Duly noted. iPhone 6 here.

  2. Mic Hammer by Anonymous Coward · · Score: 3, Interesting

    They can admit it, as this came to light as the article explains when the recordings were submitted as evidence.

    It would be nice to have a crowdsourced google map however. Anyone know how to set one of those up?

    Along those lines, california is a two-party consent state for wiretapped conversation-- this sounds like a zero-party consent program. Even in a public space, you can't record private conversations without both parties being aware and consenting to the practice. So I wonder if this involves some kind of waiver, otherwise the investigators, if operating without a warrant, would seemingly be in violation of this law, which is usually taken very seriously by judges in California

    Finally, once that crowd sourced map shows up (which would be nice to include speedtraps, fake mobile towers, and license plate readers), there's no reason I could think of for volunteers to go have a private reading of some crime drama such as a scene from "Cops" or something-- hopefully no copyright laws would apply here.

    1. Re:Mic Hammer by Dr.Dubious+DDQ · · Score: 2

      This seems like something ideal for OpenStreetMap.

    2. Re:Mic Hammer by TheReaperD · · Score: 3, Insightful

      Time to start throwing these bastards in jail. The fact they have a badge just makes the crime all the worse.

      --
      "Be particularly skeptical when presented with evidence confirming what you already believe." -
  3. Re:I used this as a ridiculous example by K.+S.+Kyosuke · · Score: 4, Funny

    I was being ridiculous to prove a point - but then I read this!

    They were listening and you gave them an idea.

    --
    Ezekiel 23:20
  4. "Protecting us from real estate investors" by axewolf · · Score: 2, Insightful

    What this really means is that there is a group of people who are encroaching upon a wealthier and better-connected group of people's interest. And the FBI, serving its purpose, is being used as a tool to prevent competition.

    Mod up the truth.

    1. Re:"Protecting us from real estate investors" by Mashiki · · Score: 2

      Depends, do you live in Canada? If so, then protecting you from real estate investors is actually a strong possibility. Very likely at that. I can't really say for the US, but right now here in Canada with housing prices that have broken US bubble levels in quite a few big cities, when the crash comes it's going to be spectacular.

      --
      Om, nomnomnom...
    2. Re: "Protecting us from real estate investors" by Anonymous Coward · · Score: 2, Interesting

      Capitalism isn't fair unless inheritances are banned. Otherwise you're left with a class of perpetually rich people that did nothing to earn their wealth. How is that "fair?"

    3. Re:"Protecting us from real estate investors" by Mashiki · · Score: 3, Informative

      As a Canadian still unable to afford a house without signing my life away to debt for the next 30 years, I welcome the burst. Housing prices are INSANE and a lot of that is owned by foreigners.

      Gets worse then that actually. A lot of those houses especially in metro Vancouver/Victoria and Toronto are empty. These people are using real estate to sink cash into expecting either a huge economic crash or believing that there is no limit to making money in the real estate market.

      My parents bought in during the very early 1980's, and I know a couple of police constables who bought in then. Then the inflation hit, mortgages became impossible because of 19% interest rates. But people who had COLA tied to their contracts were suddenly in the money and were able to buy two, three, four houses and flip them. Taking a 20-30k house and selling it for 90-150k. Really though, I've been expecting the bubble here in Canada to pop for the last 4 years the situation is very similar to what happened in the US prior to the 2006-2008 bubble pop, but it hasn't hit yet. I expect it more has to do with the current levels of debt, they're not quite at where they were in the US, but if the number of insta-loan(aka legal loan sharks) places popping up over the last 3-4 years is any indication, it won't be too many more years.

      --
      Om, nomnomnom...
    4. Re:"Protecting us from real estate investors" by mjm1231 · · Score: 4, Insightful

      That is called capitalism. and it is why Canada, and the USA have a lot more money than other systems.

      We spread resources around to those who can pay the most for them. It isn't the most efficient system but it is at least fair. In the sense that everyone is equal in who can do the buying. maybe not having the cash to buy, but that is another story.

      It's not at all another story. Unless all participants begin the game from the same starting position, any definition of "fair" is going to be complete and utter nonsense. Of course, fair is not a possibility anyway. Some people are born with greater or lesser skills on one area or another. Some people are born with higher risk of heart disease. Some people are born with cleft palates. Some people are born with cancer.

      Maybe your mama told you this: Life isn't fair. So maybe it's time for societies to stop clinging to a 5 year old's vision of fairness and instead decide what result is wanted, and how to best get that result.

      --
      Ideology: A tool used primarily to avoid the bother of thinking.
    5. Re:"Protecting us from real estate investors" by roman_mir · · Score: 2

      I think the result that is worth pursuing is maximum freedom of any individual from any vollective and that all cooperation and collaboration needs to be voluntary. Minimize the oppression, maximize individual freedom.

    6. Re:"Protecting us from real estate investors" by Kjella · · Score: 2

      Maybe your mama told you this: Life isn't fair. So maybe it's time for societies to stop clinging to a 5 year old's vision of fairness and instead decide what result is wanted, and how to best get that result.

      We know what most people want, they want what's best for themselves. But selfish need is never a good argument for why society should or should not intervene. It's certainly possible that their wants not to be put in jail for a crime they didn't do share a common interest with society's interest in due process and the rule of law, but it could equally well be the opposite like the criminal's wants not to be put in jail for a crime they did do. What people want society to do doesn't mean it's what society ought to do, that's why we discuss what's right and fair.

      A lot of slave owners were quite happy with slavery, if you don't want to go into what's right and fair then it's basically might makes right. The other golden rule, he who has the gold makes the rules. Two wolves and a sheep deciding what's for dinner. Sure what's fair is a disputed subject, like if we're splitting a cake is it 50-50? Does it matter that you're starving and I'm not? Does it matter who bought the ingredients and baked it? Equal opportunity, equal need, equal effort lead to different and conflicting answers. Your post reads a little like "it's hard and ambiguous so let's not try".

      For example that everybody is equal under the law is an equal opportunity to be protected by the law. It doesn't have to be, we've certainly have historic examples of race laws. That you will get a lawyer if you can't afford one is a case of equal need, everybody should have a lawyer but the rich don't get theirs for free. It's certainly possible to argue that the rich should get a free lawyer too. Equal effort could be for example tax rates, are progressive rates fair? Like if society provides one court system for everyone from high to low shouldn't that be a flat rate? Why should the rich pay more for the exact same service? If we're not going to discuss whether it's fair, on what basis should we discuss it? Popular opinion, if most support slavery then slavery is fine?

      --
      Live today, because you never know what tomorrow brings
    7. Re: "Protecting us from real estate investors" by Hognoxious · · Score: 2

      And then you're supposed to pull capital out of your ass.

      Right, because the only possible way of raising it is by correctly choosing your parents.

      I mean imagine, back in the the late middle ages, a townload of merchants clubbing together to hire a ship to bring spices & silk & stuff from foreign lands and then dividing up the profit. Unthinkable!

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    8. Re:"Protecting us from real estate investors" by sjames · · Score: 2

      Homelessness is constructively illegal in the U.S. So is farming on property you don't own. So yes, you are legally required to have at least some wealth, even if you somehow perfect breatharianism in spite of the laws of physics.

      Are you willing to undo the enclosure?

    9. Re:"Protecting us from real estate investors" by sjames · · Score: 2

      You are living in some Randian dreamland, obviously. I never claimed that farming wasn't work or anything of the sort. I claimed that not everyone who is willing to work is able to find a job that pays enough to live on and that because of the surrounding laws, having sufficient wealth is necessary to comply with the law. Are you prepared to repeal all vagrancy laws?

      But enough of trying to spoon feed you like a baby that doesn't want his strained carrots for one day.

  5. Charge them with a crime by Bruce66423 · · Score: 5, Insightful

    The FBI is doing it, so it must be legal... /sarcasm

    It's time that these abuses of rights were charged as criminal offences. Sadly this requires an organisation with the ability to investigate the FBI and bring charges. The US constitution gives that power to a grand jury, but it would be a brave prosecutor who enpanelled one to do it.Oh well - here's hoping...

    1. Re: Charge them with a crime by Imrik · · Score: 2

      It is entirely reasonable to assume that devoting resources to one thing means that less resources are available for other things. This is the entire basis for Obama's stance on immigration.

    2. Re:Charge them with a crime by currently_awake · · Score: 3, Insightful

      They bugged places where you can reasonably expect lawyers would be having private conversations with their clients, this is illegal under federal law. Spying on lawyers is a dangerous game, also known as "winning the lottery".

  6. The Overton Window by hidflect · · Score: 5, Interesting

    In the 1980's a high-rise Telecom building with no windows opened in my city and it had security cameras in the lobby to film anyone entering. This was ostensibly because communications hubs were considered a strategic civil asset to be defended from attack. Do you know that a lot of people refused to enter the building or take jobs there because they thought it was a violation to be recorded without their consent (banks notwithstanding)? A couple of years later it was a non issue. Now the cameras record us on the streets and nobody minds. Trepidatious at first, the authorities have found that there is little or no pushback at all to the encroachment on our privacies and rights and they're ramming home the intrusions while they can.

    1. Re:The Overton Window by Anonymous Coward · · Score: 5, Insightful

      ...Now the cameras record us on the streets and nobody minds.

      speak for yourself...It isn't that 'nobody minds' it's more 'we can't do a bloody thing about it'. Big, big difference.

    2. Re:The Overton Window by BlueStrat · · Score: 3, Insightful

      .It isn't that 'nobody minds' it's more 'we can't do a bloody thing about it'. Big, big difference.

      It's not a matter of "can't do anything about it" but "won't do anything about it".

      There's always civil disobedience as in smashing these cameras and microphones. Sure, you might go to jail for a while if caught, but so what? The jail is being built around you. You're going to be there whether or not you fight. The thing is, if you fight, the jail time (if caught) will be temporary, if you don't fight, it will be permanent and inescapable.

      "Did you exchange a walk-on part in the war
      for a lead role in a cage?"

      - Pink Floyd: Wish You Were Here

      Freedom is not "free". Hashtags don't do crap but massage your conscience. Making it too costly and impractical to implement and maintain for little to no return works.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    3. Re:The Overton Window by modmans2ndcoming · · Score: 2

      Camera's recording us in public is not an issue. You are in public.

    4. Re:The Overton Window by hidflect · · Score: 3, Interesting

      Well, my point exactly. You see nothing creepy in this at all. Tell someone in the 1940's the government would be filming them in public wherever they go. What do you think they would say?

    5. Re:The Overton Window by buck-yar · · Score: 2

      "Good, we need to find those Communists."

      The red scare - http://www.history.com/topics/...

  7. Western liberal democracy? by Anonymous Coward · · Score: 3, Interesting

    This kind of BS is behaviour I'd expect from an Eastern Bloc dictatorship rather than a Western liberal democracy. I say that reluctantly because invoking East Germany or the USSR is usually a sign of hyperbole. But ... what other countries plant hidden mics in trees to track citizens rather than aliens?

    1. Re:Western liberal democracy? by Anonymous Coward · · Score: 5, Insightful

      When I was young, we'd make fun of the need for people in the USSR to present papers when travelling around. Now we do it every time we fly. Similarly, we would tell horror stories of German STASI surveillance, but now the NSA and FBI have surveillance mechanisms that far surpass those the Germans ever had.

  8. Very Interesting Legally Speaking by rtb61 · · Score: 2

    What they are doing is quite interesting legally speaking. So what are the realistic expectations of privacy in a public space, why would a sound recording differ from a video recording. The second point, the fine point about randomly recording events at a specific location, rather than specifically targeting an individual, does that public location have an expectation of privacy. The legal fine point, you sit in a public space with a smart phone and make a call, does someone sitting close by have an expectation that you will stop using your phone so as not accidentally capture and transmit their communications with someone else.

    So cheeky but not really illegal as they are continuously recording a public space and have no control over who wanders into it and what they do or say in it, no different to a video security camera, so add in a microphone and is a security camera that monitors public space illegal.

    Police have a duty to monitor public space and citizens had a right to monitor police in that public space. A fixed microphone at a location versus a mobile one tracking a specific individual. By happen stance when recording bird song in a public park I recorded two people plotting a murder, keep in mind the recording was purposeful but not targeted at a specific individual, except if you take into account the private communications of those birds. So provide that recording to the police or destroy for invading the privacy of those individuals plotting the murder, so which is the greater crime, invading someone's privacy or accessory before the fact to a crime, specifically in this case a murder.

    --
    Chaos - everything, everywhere, everywhen
    1. Re:Very Interesting Legally Speaking by Antique+Geekmeister · · Score: 4, Insightful

      > So what are the realistic expectations of privacy in a public space,

      The legal limitations seem to depend very much on the state. Unless the records were of people personally aware that they were being recorded, or at least one party was aware of the recording, I cannot see how the FBI's recordings of _personal_ conversations meets even the minimum requirements of states wehre a single party can record without the knowledge of the other party. In states where both parties must consent to record a personal conversation, I don't see any way these recordings could have been legal.

      If there were public speeches being recorded, it would be very different. But the bus stop outside a court house is a prime place to record personal conversations of plaintiffs or defendants, or their attorneys, in legal matters. It could be clear violation of attorney-client privilege if they recorded such conversations. I'm frankly unsurprised that the .FBI committed such acts, they've repeatedly demonstrated their incompetence and willingness to violate the law to pursue "big fish". What startles me is that they revealed the surveillance in court: anyone who's ever discovered criminal violations, or workplace improprieties through accidental or deliberate illegal surveillance knows to gather other evidence legally, now that you know where to dig for that evidence, and use the legally obtained information for termination or prosecution. That is what "confidential informants" and "anonymous tips" are often used for, to provide plausible deniability of criminal activity by investigating officers or manipulative personnel managers.

    2. Re:Very Interesting Legally Speaking by hidflect · · Score: 3, Insightful

      You've never read "1984" then. A particular plot point rotates around the fear that the government is listening to the protagonists when they are in a field. It's intended to be creepy and scary. Which it is. But here you are, "We have nothing to fear from the Secret Security Service!" Jawohl!

    3. Re:Very Interesting Legally Speaking by taustin · · Score: 2

      The law doesn't allow recording without permission in public spaces, it allows recoding without permission in places where there is no expectation of privacy. A subtle difference, perhaps, but on that, in California, can mean the difference between a felony conviction and selling the recording to the 10:00 news for five figures.

  9. Re:Not illegal by Moof123 · · Score: 2

    The lack of warrant, or other check on power is the objectionable part of this.

  10. If I were an FBI agent on the take... by mi · · Score: 2

    Federal authorities are currently investigating fraud and bid-rigging charges against a group of real estate investors, and the secret recordings came to light when they were submitted as evidence

    Which makes such evidence inadmissible...

    If I were an FBI agent promised a decent reward for making the lawsuit go away, maybe, I would've thought up a scheme like this... I'd demonstrate the zeal and the willingness to bend the rules (and the Constitution) — and the charges would be dismissed because the primary evidence will be thrown out.

    I may get fired for the failure, maybe even reprimanded for the rule-bending, but not prosecuted for the bribery, which no one will even suspect...

    --
    In Soviet Washington the swamp drains you.
    1. Re:If I were an FBI agent on the take... by Blue+Stone · · Score: 2

      >Which makes such evidence inadmissible...

      That's what 'parallel construction' is for.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  11. Re:Monkeywrenching them by currently_awake · · Score: 4, Funny

    Try filming the police (in public only) on a massive scale. I expect if that caught on they would find an excuse to ban cameras in public places.

  12. Speculation is a symptom of wealth inequity by PeterM+from+Berkeley · · Score: 2, Interesting

    The 1% now has so much wealth at their command they don't know what to do with it, which fuels these speculative bubbles.

    If the middle classes had this money instead, they'd be buying houses and living in them--arguably much healthier for the market than the very rich bidding up these assets because they've got nothing better to do with their money.

    It's just another of the ways that the 1% is going to destroy the goose that laid the golden egg--the middle class--via their own unfettered insane greed. Because unless the people have money, there is no market, eventually, for the things the rich make via their assets.

    --PM