Return-Path: <sentto-279987-4157-1009752670-fc=all.net@returns.groups.yahoo.com> Delivered-To: fc@all.net Received: from 204.181.12.215 [204.181.12.215] by localhost with POP3 (fetchmail-5.7.4) for fc@localhost (single-drop); Sun, 30 Dec 2001 14:54:08 -0800 (PST) Received: (qmail 3950 invoked by uid 510); 30 Dec 2001 22:51:36 -0000 Received: from n33.groups.yahoo.com (216.115.96.83) by all.net with SMTP; 30 Dec 2001 22:51:36 -0000 X-eGroups-Return: sentto-279987-4157-1009752670-fc=all.net@returns.groups.yahoo.com Received: from [216.115.97.166] by n33.groups.yahoo.com with NNFMP; 30 Dec 2001 22:51:10 -0000 X-Sender: fc@red.all.net X-Apparently-To: iwar@onelist.com Received: (EGP: mail-8_0_1_3); 30 Dec 2001 22:51:09 -0000 Received: (qmail 45179 invoked from network); 30 Dec 2001 22:51:08 -0000 Received: from unknown (216.115.97.167) by m12.grp.snv.yahoo.com with QMQP; 30 Dec 2001 22:51:08 -0000 Received: from unknown (HELO red.all.net) (12.232.125.69) by mta1.grp.snv.yahoo.com with SMTP; 30 Dec 2001 22:51:08 -0000 Received: (from fc@localhost) by red.all.net (8.11.2/8.11.2) id fBUMpsY16022 for iwar@onelist.com; Sun, 30 Dec 2001 14:51:54 -0800 Message-Id: <200112302251.fBUMpsY16022@red.all.net> To: iwar@onelist.com (Information Warfare Mailing List) Organization: I'm not allowed to say X-Mailer: don't even ask X-Mailer: ELM [version 2.5 PL3] From: Fred Cohen <fc@all.net> X-Yahoo-Profile: fcallnet Mailing-List: list iwar@yahoogroups.com; contact iwar-owner@yahoogroups.com Delivered-To: mailing list iwar@yahoogroups.com Precedence: bulk List-Unsubscribe: <mailto:iwar-unsubscribe@yahoogroups.com> Date: Sun, 30 Dec 2001 14:51:54 -0800 (PST) Subject: [iwar] [fc:Judge:.FBI's.PC-snooping.perfectly.lawful] Reply-To: iwar@yahoogroups.com Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: 8bit <a href="http://www.usatoday.com/life/cyber/tech/2001/12/27/fbi-snooping.htm">http://www.usatoday.com/life/cyber/tech/2001/12/27/fbi-snooping.htm> NEWARK, N.J. (Reuters) — A defense attorney for reputed mobster Nicodemo Scarfo Jr Thursday promised an appeal of a federal judge's ruling that the FBI properly spied on Scarfo's computer system. The ruling the first of its kind in a federal district court capped six months of controversy that weighed computer privacy rights against law enforcement's right to use secret computer technology in criminal probes. "Of course the matter takes on added importance in light of recent events and potential national security implications," wrote U.S. District Judge Nicholas Politan in a 25-page decision handed down late Wednesday. Acting under a court-ordered search warrant in 1999, FBI agents installed a so-called key logger device in Scarfo's computer to crack into encrypted files. Evidence they gathered led to the indictments of Scarfo and a codefendant in June 2000 on gambling and loan-sharking charges. Defense attorneys said the case might have been a "run of the mill bookmaking case" except for the surveillance issue. They requested full disclosure of the government's operation, claiming Scarfo otherwise would not get a fair trial. Specifically, the attorneys wanted to ensure that e-mail messages were not gathered by modem and phone lines, possibly constituting an illegal wiretap. In his ruling, Politan said the government convinced him at a Sept. 26 closed meeting that no information was picked up while a modem was on. Prosecutors were justified in invoking the Classified Information Privacy Act to protect national security at stake in the case, he said. Vincent Scoca, Scarfo's attorney, said he will file to have the ruling reconsidered, a first step toward higher appeals. "This a is a bad precedent for our judicial system. This was a two-bit bookmaking operation. There was nothing extraordinary about this case that warranted them using the Classified Information Privacy Act," he said. "That's a police state and we don't want a police state. Even in these times, after Sept. 11, people still don't (want) unwarranted government intrusion." Scoca was not allowed to attend the September meeting. Assistant U.S. Attorney Ronald Wigler said the judge's access to classified information at the meeting was "a safeguard to prevent the government from overreaching, as the defense alleges. That's why there are these checks and balances." Scarfo's trial including evidence gathered from the FBI surveillance is likely get under way in the spring, Wigler said. ------------------ http://all.net/ Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
This archive was generated by hypermail 2.1.2 : 2001-12-31 21:00:00 PST