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Facebook Is 'Teeming' With Fake Accounts Created By Undercover Cops (nbcnews.com)

An anonymous reader quotes NBC News: Police officers around the country, in departments large and small, working for federal, state and local agencies, use undercover Facebook accounts to watch protesters, track gang members, lure child predators and snare thieves, according to court records, police trainers and officers themselves. Some maintain several of these accounts at a time. The tactic violates Facebook's terms of use, and the company says it disables fake accounts whenever it discovers them. But that is about all it can do: Fake accounts are not against the law, and the information gleaned by the police can be used as evidence in criminal and civil cases. Investigators know this, which is why the accounts continue to flourish.

"Every high-tech crime unit has one," said an officer who uses an undercover account to monitor gang members and drug dealers in New Jersey and who spoke on the condition of anonymity to avoid having the account exposed or shut down. "It's not uncommon, but we don't like to talk about it too much." The proliferation of fake Facebook accounts and other means of social media monitoring -- including the use of software to crunch data about people's online activity -- illustrates a policing "revolution" that has allowed authorities to not only track people but also map out their networks, said Rachel Levinson-Waldman, senior counsel at New York University School of Law's Brennan Center for Justice....

Judges in New Jersey and Delaware have upheld investigators' use of fake social media profiles. U.S. Immigration and Customs Enforcement, the Cincinnati Police Department and the Chicago Police Department have publicly boasted of using undercover Facebook accounts in cases against accused child predators, gangs and gun traffickers. Following an outcry after a Drug Enforcement Administration agent created a fake Facebook account in a suspect's name to catch members of a drug ring, the Department of Justice promised in 2014 to review the agency's policies -- but the department did not respond to multiple requests to say what has changed. Several law enforcement agencies, including the New York Police Department, the Georgia Bureau of Investigation and the Indiana Intelligence Fusion Center, have policies that explicitly allow the creation of fake profiles, with some conditions -- including obtaining prior approval from a superior and limiting interactions with targets.... [P]olice agencies have been able to keep undercover accounts for years without Facebook discovering them.

After one successful ACLU lawsuit this August, a Memphis activist discovered that his local police department had assembled 22,000 pages about him and his friends.

63 of 126 comments (clear)

  1. Seems reasonable overall by Bruce66423 · · Score: 1

    There's a problem with the fact that the police are ignoring the terms of service of course; in theory we would like to believe that cops don't disobey the law. But otherwise? What you do PUBLICLY on line is clearly available for anyone to see, so it's not unreasonable for cops to use this for intelligence gathering.

    1. Re:Seems reasonable overall by dwywit · · Score: 2

      Lots of facebook accounts and groups are private, i.e. set to "friends only" or "group members only" - so I, in my smug absence of a facebook account, can't see what those people have posted - it's not really "public" - more like a private room at a bar. To become a 'friend" or gain group membership, the police are clearly lying. It's up to a court to decide how bad that is, when balanced against capture and conviction of offenders.

      People too stupid to perceive this will be caught - the smarter ones will figure out how to screen friends and members more closely, or will figure out ways to poison or encode the information posted.

      --
      They sentenced me to twenty years of boredom
    2. Re:Seems reasonable overall by Bruce66423 · · Score: 1

      Indeed; it's widely recognised that cops only catch stupid criminals.

    3. Re:Seems reasonable overall by bws111 · · Score: 1

      What law do you suppose they are disobeying? Since you mention TOS, I guess you mean the CFAA. But that law specifically exempts lawful investigative, protective, or intelligence activities by law enforcement agencies.

    4. Re:Seems reasonable overall by l0n3s0m3phr34k · · Score: 1

      ToS != "the law". At least not right now.

  2. Good by xxxJonBoyxxx · · Score: 1

    If you post illegal stuff to Facebook...you might be a moron. Out of the gene pool, please.

    1. Re:Good by gnasher719 · · Score: 3, Funny

      If you post illegal stuff to Facebook...you might be a moron. Out of the gene pool, please.

      Not quite out of the gene pool, but in the UK one guy just came out of court and posted on FaceBook: "I think I've got away with it." That was shown to the judge who took it as a confession.

    2. Re: Good by nehumanuscrede · · Score: 1

      âoe If you post illegal stuff to Facebook...you might be a moron. Out of the gene pool, please. âoe

      Think a little deeper.

      Assume you do something stupid and the police are looking for you. They watch your FaceBook account to see if youâ(TM)re dumb enough to post to it.

      You donâ(TM)t because you know theyâ(TM)re probably watching.

      So, the police use one of their many fake accounts to watch and / or get cozy with your FB friends and contacts.

      One of your friends canâ(TM)t resist the charm of the new girl / guy that came out of nowhere on FB that suddenly takes an interest in them . . .

      It doesnâ(TM)t take long before you screw up and contact known friends and / or family.

      One of your FB friends will slip up and say something which gives the police tips on where to look for you.

    3. Re:Good by evil_aaronm · · Score: 1

      And then there's this guy threatening members of Congress...
      https://www.abcactionnews.com/...

  3. Re:Impersonation is a crime by Anonymous Coward · · Score: 3, Informative

    "Criminal impersonation is a crime

    -

    The above doesn't apply to police working in an undercover capacity.

  4. May be OK to catch crooks ... by Alain+Williams · · Score: 1

    and other ne'er-do-wells, but the worry is that this is also happing to catch those who are not liked because they organise political protests that are entirely legitimate but just get up the noses of those in power or that individual cops just disagree with.

    We do have double standards about police behaviour: we expect them to catch crooks while behaving in a 100% morally correct way. I wish that this were true, I just don't know how realistic/practical it is, crooks don't behave in a morally correct way so is it OK to allow cops to temporarily lower moral standards to catch them; fight fire with fire ? I say ''moral'' because moral behaviour is generally better/more-desirable than behaviour this does not break the law.

    I don't know the answer to this.

  5. Re:Impersonation is a crime by gnasher719 · · Score: 1

    And none of these are happening. Arresting a criminal isn't fraud. Arresting a criminal is also not "injuring" him in a legal sense.

  6. Re: Impersonation is a crime by Anonymous Coward · · Score: 1

    it would be very easy to tell if a fake account is a cop because they are prohibited from stealing your money so they wonâ(TM)t ask for it.

  7. Re:Impersonation is a crime by Anonymous Coward · · Score: 1, Insightful

    The tactic violates Facebook's terms of use, and the company says it disables fake accounts whenever it discovers them. But that is about all it can do: Fake accounts are not against the law, and the information gleaned by the police can be used as evidence in criminal and civil cases. Investigators know this, which is why the accounts continue to flourish.

    According to the federal Computer Fraud and Abuse Act, a websites TOS are legally binding and are enforceable as if law.

    That makes fake accounts *on facebook* a crime, even if fake accounts are not generally a crime.

    Remember everyone, this is the exact law that was used by a university that made it a federal crime for a student to plug into an ethernet jack with implied permission but with explicit permission revoked after the fact, and why Aaron Swartz was being issued a 100+ year sentence in prison before tragically taking his own life.

    It's only the hypocrisy of US law that allows cops to get away with murder as why this law won't be enforced against them either.

  8. Hmmm by Lost+Penguin · · Score: 1

    Aren't the Russian GRU and our Republican traitors being in positions of power the problem; the GOP "Deep State"?

    --
    I am the unwilling control for my Origin.
    1. Re:Hmmm by CrimsonAvenger · · Score: 1

      Aren't the Russian GRU and our Republican traitors being in positions of power the problem; the GOP "Deep State"?

      There were two States (Delaware and New Jersey) mentioned by name in TFS. Neither is a bastion of the GOP. Four Dem Senators, 8 Dem Representatives, 5 GOP Representatives, between the two of them.

      So the problem doesn't seem to be a GOP "Deep State" thing, unless the Democratic Party is part of the GOP these days....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
  9. Good by DrXym · · Score: 1

    I hope they catch lots of creeps.

  10. Re:Impersonation is a crime by Anonymous Coward · · Score: 1

    Yep, cops get all kinds of privs that they abuse, like the fact that they regularly go 20+ miles over the speed limit for no reason at all.

    The reality should be that rather than a lower standard, cops should be held to the highest standard of all. Any crimes committed while on duty should receive double or triple the regular punishment.

  11. And? by quonset · · Score: 1

    I'm trying to see what the issue. Part of the police's job is to investigate. They can't always do it by shouting, "I'm a cop!" from the rooftops. Sometimes they have to be more subtle.

    It's like people whining there are police who go undercover to arrest drug dealers. Um, yeah?

    1. Re:And? by quonset · · Score: 4, Insightful

      To some extent I agree, but this still falls under investigation. Protesting is fine. Destroying property or attacking people is not.

      In many (most?) cases when there is a planned protest, the police and protest group(s) will coordinate with each other to lay down ground rules. The people get to peacefully protest, and the police's job is made easier since they don't have to worry (as much) about people being stupid.

      As we know, while the protesters may be peaceful, there are those anarchists who think it's funny to destroy someone else's property when there's a protest march. Those are the ones police are looking for as well the white supremacists and the like who openly state they're going to attack certain people.

    2. Re:And? by Vintermann · · Score: 1

      So you're at slashdot too now?

      You should read up on what police originally was. Sir Robert Peel and all that. It's quite quixotic, but we've got that optimism to thank for so much today.

      Then you might read up on the history of secret police, and decide if that's really something you want.

      --
      xkcd is not in the sudoers file. This incident will be reported.
    3. Re:And? by Anonymous Coward · · Score: 1

      Wow, aren't you the bloody perfectly docile fascist citizen.

      One word: COINTELPRO. Never trust a cop. They serve TPTB, not you.

    4. Re:And? by Patent+Lover · · Score: 1

      They're not looking for white supremacists.

    5. Re:And? by ArylAkamov · · Score: 1

      Eat a bag of dicks

  12. Welcome to Facebook! by mobby_6kl · · Score: 3, Funny

    Where men are men, women are men, and children are FBI agents.

  13. Re: Impersonation is a crime by c6gunner · · Score: 4, Funny

    Completely irrelevant. If I pretend to be you, that's impersonation. If I assume a completely fake identity, that is not impersonation.

    Do you really think that when Patrick Stewart plays Jean Luc Picard, he's breaking the law?

  14. Re:Impersonation is a crime by Chris+Mattern · · Score: 2

    When did the discussion become about entrapment? I thought it was about impersonation.

    Ah, yes, when you're losing the argument, change the subject.

  15. Re:Impersonation is a crime by bws111 · · Score: 4, Informative

    The CFAA specifically says:

    This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States.

    So, no.

  16. Re:Impersonation is a crime by bws111 · · Score: 2

    Maybe you should try reading the actual law , particularly section (f), and maybe you will see where your brilliant analysis falls apart.

  17. Well ... by cascadingstylesheet · · Score: 1

    ... we always knew that most "teenage girls" on the internet were really middle aged dudes ...

  18. Reporting fake pages by shayd2 · · Score: 1

    The "lure" pages set by police won't be reported because:

    1 If they recognize it as fake, they won't want to raise their hand as someone who surfs that type of site

    2 If they don't recognize it as fake, their in jail with no Facebook access

  19. Re:Impersonation is a crime by K.+S.+Kyosuke · · Score: 2

    All are perfectly legal when done by authorities.

    Except when they aren't?

    --
    Ezekiel 23:20
  20. Re: Impersonation is a crime by Anonymous Coward · · Score: 1

    "I'm not really Worf, son of Mogh - I'm a police officer - and you, Gowron are UNDER ARREST!"

  21. Re:here it comes by AHuxley · · Score: 1

    The cops profiles are created without much history, have few friends and seem too new.
    Find the embassy workers who are undercover for their nations clandestine services. Their created social media goes back years and is back dated to look very realistic.

    What the police should have done was create 1000's of accounts years ago all over social media and kept them all updated with a few weekly comments depending on politics, location and demographics.

    --
    Domestic spying is now "Benign Information Gathering"
  22. Re: Impersonation is a crime by alexo · · Score: 3, Insightful

    Excellent tip. Could you explain how? I would like to try. But my understanding is that getting a single account deleted is already quite hard to accomplish for most people. How do you delete Facebook in its entirety?

    Nuke it from orbit. It's the only way to be sure.

  23. Re:Impersonation is a crime by alexo · · Score: 1

    Undercover police are not committing crimes, they are working to catch other people who are committing crimes.

    Except for when they are committing crimes in order to seem like a legitimate criminal, entrapping other criminals.

    You keep using this word. I do not think it means what you think it means.

  24. Re:Impersonation is a crime by Anonymous Coward · · Score: 1

    What's up that that creimer shit? Is that a feud of some kind?
    It is there in every comment section, even more common than apk and derogatory comments about Trump.

  25. Re: Impersonation is a crime by alexo · · Score: 1

    Then the law needs to change. Domestic surveillance of non criminals [emphasis mine] by any 'authority' is shameful, wrong, and worth having a war over.

    There is a simple solution: ensure that there is no such thing as "non criminals".

  26. On the legality of fake accounts by Mozai · · Score: 2

    "Fake accounts are not against the law..."

    Pretty sure they are in the USA Criminal Code: 18 U.S. Code 1030 - "Fraud and related activity in connection with computers" (a)(2)(C) "Whoever intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains information from any protected computer..." and the term "protected computer" is defined in 1030 (e)(2)(B) as "a computer which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States."

    If you are using a fictional identity to register with a members-only website, then you are certainly using "a protected computer without authorization," since nearly every internet route (not LAN) is an interstate communication, making almost every webserver a "protected computer," and the fictional identity is authorized for access but you are not that fictional person therefore you are not authorized when you claim to be someone you aren't.

    1. Re:On the legality of fake accounts by fafalone · · Score: 2

      Wait so now TOS having the force of law is a good thing? I don't care for police using fake accounts, or police in general as they exist now, but that's a terrible idea for which the problems should be manifest.

    2. Re:On the legality of fake accounts by Mozai · · Score: 1

      I am obliged to give slashdot my real identity to use the members-only parts of their service -- slashdot is not obliged to give YOU my real identity.

    3. Re:On the legality of fake accounts by Uberbah · · Score: 1

      Wait so now TOS having the force of law is a good thing? I don't care for police using fake accounts, or police in general as they exist now, but that's a terrible idea for which the problems should be manifest.

      It's holding officials to the same standards they use for us plebs. Just ask Aaron Swartz.

  27. How is this not criminal trespass? by schwit1 · · Score: 1

    FB is private property. FB has said you are not permitted to use our service for this purpose. If the police tried to move into your upstairs bedroom to try and get evidence on a neighbor they would have to get your permission. How is this different?

    I could also see FB TOS saying that any law enforcement entity using our service without permission agrees to pay us $10000 day for as long as the account was active. Then send them a bill.

    1. Re:How is this not criminal trespass? by PPH · · Score: 1

      It's like offering an apartment unit for rent. Someone signs the lease and they move in. Only later do you find out that they are using it for surveillance on the neighbors.

      --
      Have gnu, will travel.
  28. people in the witness protection program do not ha by Joe_Dragon · · Score: 1

    people in the witness protection program do not have to give up there real name or even under cover cops.

  29. The First 48 by Kernel+Kurtz · · Score: 1

    If you ever watch this show (which is often quite interesting BTW), you will note that homicide investigators often use Facebook as an investigative tool to find info on suspects and their acquaintances.

    The lesson, of course, is that if you are a criminal you should not be using Facebook, period.

  30. Re:Impersonation is a crime by Anonymous Coward · · Score: 1

    Laws are for little people.

  31. Re: Impersonation is a crime by sacrilicious · · Score: 1

    Completely irrelevant. If I pretend to be you, that's impersonation. If I assume a completely fake identity, that is not impersonation. Do you really think that when Patrick Stewart plays Jean Luc Picard, he's breaking the law?

    Your argument is (implicitly) premised on the idea that if Patrick Stewart portrays a real person in a movie, he WOULD be breaking the law. Since that's not true, this particular arg is invalid.

    --
    - First they ignore you, then they laugh at you, then ???, then profit.
  32. "Teeming"??? by mark-t · · Score: 1

    Why is this word in quotes in the headline?

    1. Re:"Teeming"??? by mark-t · · Score: 1

      It can also be indicative of an amount that is simply significantly more than expected, rather than reflective of any kind of absolute percentage of the total. For example, "the water in the old well was teeming with e-coli".

  33. Re:Impersonation is a crime by nospam007 · · Score: 1

    "Criminal impersonation is a crime"

    -

    'The above doesn't apply to police working in an undercover capacity.'

    Or to people inventing an alias for privacy purposes, which have around 2 billion of the FB accounts.

  34. I'm okay by Anonymous Coward · · Score: 1

    I'm not a cop or in law enforcement but I've got 17 facebook accounts. I've been shepherding them along for a while and none of them have been shutdown. I don't have a use for them right now but in the future...

  35. Entrapment, impersonatiom, identity theft! by SeanWilson6434 · · Score: 1

    Would this not be entrapment? Consporatory? Since it is in a public forum, would it not be defamatory? Besides, police are here to enforce and uphold the law. This does NOT give them power to break laws that are on the books! If a judge were to give a warrant to break ANY law what so ever, should be thrown out of their position and every case should be re-reviewed. Police do NOT have the right to break the law. Impersonatiom of another is a crime. We call it identity theft. There are also commercial codes that prevent this as well as breaking the terms and service agreement with Facebook. Which in itself is a federal crime. Many laws are broken with what the police are doing here. Police do NOT deserve a free pass! This is while they will attack the homeless, sick and poor. Steal from the homeless. Destroy the items a homeless person owned. Steal.from the homeless. Force the homeless to keep moving. No sitting or laying down. Preventing people from helping the homeless. Allowing serial killers to kill the homeless. Welcome back to 1936 Germany. Just before democracy fell and hittler took over. Right after the stock market crashed! Or as we call it, a recession! Welcome to 1984. Welcome to the hunger games! A war is coming! The homeless outnumber the military 2.3:1. We are the people and they are the machines. Machines break down and fall apart. Then you need to repair them. We are now at that stage of breaking and needing repair. Because, if you continue to use a broken machine, you eventually need to throw it away. How far must we let it break until we try to fix it? The police are the first line of the machines. They took the oath! They have sworn to be a cog. Our society has fallen, and all we do is point fingers. We have become lazy and complacent. We have Stockholm syndrome for our government. They do not help us. They cause fear in the people. This is how they rule. They will make up laws to protect themselves. Our freedom of speech and right to protest is under attack. The second amendment is under attack. Our religions are under attack. The foundations of the Constitution Our children are under attack. Our neighbors are under attack. Our allies are under attack. We are no longer allowed to pursue happiness. We are only allowed to propagate the fear unto our children and grandchildren children. We are at a impasse. We have technology that could fix a lot. Instead we use fear to keep them hidden. Red tape to keep them out of commercial use. Here's a kicker you. My wife and I are homeless and as you can probably see. We do not fall under the stigma. We aren't crazy, lazy, drug addicts or anything you would think about the homeless. Well except for dirty. As showers are hard to come by. My wife has depression and anxiety. I personally have MS, Crohn's, arthritis and a lot of other ailments. We sadly panhandle to get by every day. It sucks. We get change and rock thrown at us from cars. Harassed online. Physically stalked. Photos taken of us and posted online. Many false statements made about us. A whole Facebook group that conspires on how to attack us next. Around 6,500 people in the town are on the group. So we understand a lot about the police and how they work. We have learned a lot about law and civics. We get pulled over all the time, just to harass and embarrass us in public. All because we should be ashamed of our situation! Ohh please, before you think we are being lazy by panhandling. Take a step back for a moment. Because of my ailments, I cannot find a "normal" job. My wife gets triggered by the fact that, even if she had a job, we would still be homeless as it does not pay enough to rent with. I personally am working on a few sites and trying to get us out of the hole with it. Sadly it takes time and money. Only one of those we have. Can you guess which one? Right, time. So I am working the slow route. We live in New England and are soon to deal with winter again. This is not ok for anyone to have to go through, just to survive! We had our daughter taken away from us before we became homeless. All bec

  36. Re: Impersonation is a crime by mcswell · · Score: 1

    Yeah, and I'm going to get a ticket for obstructing traffic by refusing to driver more than ten miles an hour over the legal limit.

  37. You have to read the whole thing.... by Xenographic · · Score: 1

    You need to read the rest of the law because it explicitly contradicts your point:

    "This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States." (emphasis added)

    Hint: if a non-lawyer has a theory about how a common police tactic is actually illegal and you can't find any lawyers arguing it, you're probably wrong. I'll just leave this guide about entrapment here, because it's the next bit of law people are likely to get laughably wrong.

  38. Re:Impersonation is a crime by l0n3s0m3phr34k · · Score: 1

    And, at least for the moment, violating Facebook's ToOS isn't the same as committing a criminal act. So, technically, the police could break ToS and still not be committing a crime. I have no idea how various LEO's officially designate someone as an "undercover"; I doubt it's just "I'm doing XYZ undercover" totally on their own without any sort of over-site but I could be wrong.

    Thus said, there is also a big difference between using said accounts to "follow criminals" and catch "child predators" VS "undercover Facebook accounts to watch protesters". "Watching protesters" seems a bit 1984, could even be a violation of 1st Amendment rights if being done outside an active investigation, without a warrant, etc.

  39. It's a legal term with a legal definition... by Xenographic · · Score: 1

    > Entrapment is still entrapment, legal or not.

    You keep using that word. I do not think it means what you think it means.

    It's a legal term for a crime. It has a legal definition. Some people think it means something else.

    Then they arrive in court and they find out that the courts only recognize the legal definition. It's always interesting to me watch people who can't keep track of the difference between how the world is and how they wish it to be grappling with reality.

  40. look here by AndyKron · · Score: 1

    I have five moderator points for sale. I ask 15,000 quatloos each

  41. Search Facebook for fake accounts in your name by knorthern+knight · · Score: 2

    Just because you don't have an FB account, don't feel safe. Someone may be impersonating you.

    https://www.dailymail.co.uk/ne...

    https://www.timesunion.com/new...

    Go to Google search and enter the search string

    "Your Name" site:facebook.com

    Replace "Your Name" with your actual name. If your name is common, you'll obviously get some false positives. A similar search can be done for LinkedIn, MySpace, whatever by inserting the appropriate domain in the "site:" reference..

    --

    I'm not repeating myself
    I'm an X window user; I'm an ex-Windows user
  42. Can't really imagine by Julius+Villanueva · · Score: 1

    Well spies don't say that they are spies when they're doing some sort of investigation. Facebook really is full of people who are really unsuspected about how internet works, so you can't really subject to oppose in that matter.

    --
    Reliable and Low Cost Digital Marketing https://www.staffhaws.com
  43. Who falls for this shit? by ayesnymous · · Score: 1

    Maybe 10 years ago it wasn't strange to get and accept friend requests from stangers. But nobody does that anymore nowadays.

  44. Re: Impersonation is a crime by rickb928 · · Score: 1

    0. The reversal of state surveillance can be accomplished without physical violence, maybe, but not without effort. The ballot box will need to be employed in dramatic and overwhelming fashion, and that will take an effort equal to the effort put forth by the Left in America.

    1. If it does come down to physical violence, unthinkable as that is, it will be the Second American Revolution. The first one wasn't won so much by force of arms as by perseverance, cunning, and good fortune. Plenty of examples of our nation's military being defeated by 'lesser' forces lately.

    2. Assuming our Second Revolution would be fought between our military and civilians assumes much that is not obvious.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  45. Re:Impersonation is a crime by rickb928 · · Score: 1

    I could make the case that all legal entrapment is in essence impersonation.

    But I won't, for this should be obvious.

    --
    deleting the extra space after periods so i can stay relevant, yeah.