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FBI Accidentally Received Unauthorized E-Mail Access

Posted by Zonk on Sat Feb 16, 2008 05:22 PM
from the that's-a-big-oops dept.
AmishElvis writes "The New York Times reports that 'glitch' gave the F.B.I. access to the e-mail messages from an entire computer network. A hundred or more accounts may have been accessed, rather than 'the lone e-mail address' that was approved by a secret intelligence court as part of a national security investigation. The episode was disclosed as part of a new batch of internal documents that the F.B.I. turned over to the Electronic Frontier Foundation, as part of a Freedom of Information Act lawsuit the group has brought."
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  • by davidwr (791652) on Saturday February 16 2008, @05:27PM (#22448312) Homepage Journal
    Oh wait too late.

    Better cover it up.

    Oops, we botched that too.
    • Re: (Score:3, Insightful)

      Which leads to the conclusion - run your own mailserver.

      A cheap Linux box running Sendmail and an installation of OpenSSL to let Sendmail be able to run SMTPS.

      On top of that use a POP3/IMAP server that can do POP3S/IMAPS and you can access your mail without the risk of an accidental peek.

  • by russlar (1122455) on Saturday February 16 2008, @05:29PM (#22448326)
    Can any kind government access be considered unauthorized anymore? There have been so many executive orders, bending of laws, etc. that just about every form of government access to information is authorized by something.
    • by fishbowl (7759) <`nethack' `at' `cox.net'> on Saturday February 16 2008, @06:58PM (#22448896)
      "There have been so many executive orders, bending of laws, etc. that just about every form of government access to information is authorized by something."

      Sounds fine on Slashdot, alt.politics groups, or black helicopter chat, but in reality you can't even try to go in with that position as a prosecutor. Even a conservative judge will hand you your ass.
      • by Original Replica (908688) on Saturday February 16 2008, @07:37PM (#22449130) Journal
        just about every form of government access to information is authorized by something.

        I think what the GP meant was that there would be some sort of quasi-official authorization. Along the lines of making all of the evidence classified beyond the judges level to ever see the it, or some kind of DHS gag order + infinite postponement of the trial. Simply a classified letter from an FBI big telling the prosecutor or judge not to pursue the matter any further might work just fine. The is a fair amount of risk in challenging it, a risk many people would not like to take. I'm sure there are ways for the security portions of the government to be technically "cooperating" but never actually have to really answer to a judge. There are parallels to this kind of behavior where the politically powerful simply refuse to comply with the law and seem to be getting away with it. [democrats.com]
    • And if something wasn't authorized then the investigation seems to just disappear and no one is ever punished.
  • by Frosty Piss (770223) on Saturday February 16 2008, @05:33PM (#22448348)
    So they "accidentally" gained access to more than what they where supposed to? Aren't we supposed to be able to TRUST them to stick to what they where authorized to access even if they "accidentally" gained greater access? If we can't trust the FBI, who can we trust?
    • Re: (Score:3, Interesting)

      Glitch? Now where have I heard that word before...

      Still, it's reassuring to know that cockup still beats conspiracy, given enough time and sufficient monkeys.

    • Re:Trust the FBI? (Score:4, Insightful)

      by LilGuy (150110) on Saturday February 16 2008, @06:40PM (#22448794)
      In my previous job I accidentally granted myself access as a domain administrator, not believing it would be so incredibly easy to do. That was grounds for firing, though they hung on to me, after I showed them I could also reset the passwords for anyone in the company using their in-house password utility.

      The FBI will have no fear of any such consequence. Illegally overstepping their bounds and then saying "oops" is about all you'll hear about this ordeal. I'm sure some calls for investigation will be made and someone might have a dispassionate speech on C-SPAN and then it will all be swept under the rug. It might even pave the way for the FBI to request this type of access for the future if they can "prove" that it's in the interest of "national security".
      • Re:Trust the FBI? (Score:5, Informative)

        by techno-vampire (666512) on Saturday February 16 2008, @06:58PM (#22448894) Homepage
        The FBI will have no fear of any such consequence. Illegally overstepping their bounds


        This being Slashdot, I can probably assume that you didn't bother to RTFA before posting, but if you had, you'd have kept your foot out of your mouth. The FBI requested that an ISP send them copies of all email sent to one address at a small domain. The ISP screwed the pooch and sent them all email sent to that domain. The FBI noticed that they were getting way too much email, found out what had happened and corrected it. At no time did they overstep their bounds, because they only asked for what a judge said they were entitled to. I hope this makes enough sense to you that you can remove your tinfoil hat, but frankly, I doubt it.

        • In a just world we'd be able to sue the ISP for breech of privacy.
          • Oh, you could probably sue if your email was involved but I doubt you could win. You'd have to make the jury believe that the ISP probably intended to give the FBI emails it neither had a right to have nor had asked for, and that's going to be a tough job. Juries tend to be understanding when it comes to simple mistakes.
        • Re: (Score:3, Insightful)

          The ISP screwed the pooch and sent them all email sent to that domain. The FBI noticed that they were getting way too much email, found out what had happened and corrected it.

          So, the users whose mail was wrongfully given to the FBI could sue the ISP, then. Oh wait, the FBI isn't going to tell them about it. It's not going to tell anyone what the domain is, or who the ISP is, either. State secret.
          • Re: (Score:2, Insightful)

            So, the users whose mail was wrongfully given to the FBI could sue the ISP, then. Oh wait, the FBI isn't going to tell them about it. It's not going to tell anyone what the domain is, or who the ISP is, either. State secret.

            That might tip off the person whose e-mail they were reading.

          • Re: (Score:3, Interesting)

            It's not blind acceptance if you have evidence. To believe the FBI is lying about this, you have to also believe that they have voluntarily come clean about a situation where they could have just hidden all the facts by merely never bringing them up. They would have to be both honest and exceptionally punctilious, doing their full duty in accordance with the law, when it comes to some points we actually know, and dishonest only on one of the points we can't directly verify.
            Y
          • I RTFA, and found their claim reasonable under the circumstances. There didn't seem to be any reason for them to be interested in anybody's email other than that one person's, so why go to the extra effort of reading it?
          • But...but...but if they did that, they'd have to admit that Saint Bill Clinton did something they didn't like and that wouldn't fit in with their liberal mindset, now would it? Can't have anything like that happening, can we? After all we all know that the liberals do no wrong and the conservatives do nothing but wrong. Never mind the facts, that's what their liberal dogma says and that's what they have to believe!
  • by Jimithing DMB (29796) <dfe AT tgwbd DOT org> on Saturday February 16 2008, @05:34PM (#22448352) Homepage

    Seriously. What's the story here? Some sysadmin who apparently didn't know what he was doing put the wrong thing in his e-mail server configuration and inadvertently sent all e-mail for the entire domain instead of e-mail for one address.

    Mistakes happen all the time. The appropriate thing to look for is whether the mistake was caught and corrected in a timely fashion. It seems that the mistake was caught and corrected in a timely fashion which basically makes this a story about an everyday occurrence.

    This story might make a good one for some sysadmin journal reminding sysadmins to document policies that help ensure mistakes do not happen and if they do are caught by the company itself instead of by the FBI. For example, a simple procedure would be to check the appropriate logs after changing the configuration to make sure the configuration is doing what it was intended to do.

    • by vertinox (846076) on Saturday February 16 2008, @06:02PM (#22448524)
      Mistakes happen all the time. The appropriate thing to look for is whether the mistake was caught and corrected in a timely fashion. It seems that the mistake was caught and corrected in a timely fashion which basically makes this a story about an everyday occurrence.

      I think the idea is if this happens once it could happen again without too much effort. There is no real oversight on how the FBI, NSA, DHS, or any other organization acquires information nor a transparent way to gather such data.

      Now, I really don't see any malicious intent on the FBI with this since of the old adage "Never attribute to malice that which can be adequately explained by stupidity." but I get the sinking feeling that they would often find themselves in situation in which they are too lazy to follow procedure and due process like maybe a warrant.
      • by Jimithing DMB (29796) <dfe AT tgwbd DOT org> on Saturday February 16 2008, @06:24PM (#22448678) Homepage

        You did read the article right? It wasn't the FBI that screwed up. The FBI caught the mistake that the company's sysadmin made when setting up the eavesdropping.

        Yes, it can happen again without too much effort. What are you going to do to fix it? Send the FBI in to set up the eavesdropping themselves so the sysadmin doesn't screw it up? Keep in mind we're talking about a run of the mill court-ordered warrant here. It's a very standard and very legal way to gather evidence. This story has very little if anything at all to do with post-9/11 surveillance or FISA or anything else that might be questionable or debatable. No where in the article does it say that the surveillance was set up as part of a FISA warrant which leads me to believe that the Times reporter is trying to feign a connection for scare value.

        I hate to say it but I think the debate is pretty much closed on court-ordered warrants. If the court orders them and you don't have any legal argument to squash the order then you have to comply with it or be found in contempt of court. There's nothing really secretive about the process either, except ideally to the person who's being surveilled.

        • No point in arguing with a lot of the people around here, they have their tinfoil hats on so tight that it's cutting off circulation to the brain. After reading the article it looks like the FBI did the right thing and let the company know that it made a mistake, sure they had access to a lot more email than they wanted, but what would they do with all of it? The vast majority of email is boring and inane, the guys at the FBI know this and don't really care about all the cruft anyway. All that they want
    • The story is that this kind of thing is inevitable (as an FBI source in the TFA says), yet it hasn't been part of the discussion we're having over the whole issue of wiretaps in the information technology era.

      It's part of the price we're paying, and we need to know that if we're going to make informed decisions about a society as to what is acceptable.

      [Of course, the fact is that regardless of this particular side-effect, there's ZERO legitimate democratic process happening around this topic anyway. But he
      • Re: (Score:3, Informative)

        Oh noes, some idiot sysadmin accidently sent my e-mail to the FBI. Someone call a congressional hearing.

        If it's that confidential that someone else seeing it would be a serious problem, use encryption. There's no way they accidently get copies of your crypto keys. Better yet, don't send it in an e-mail, don't write it in a letter, and don't say it over the phone. If it really needs to be kept a secret, have a face to face meeting. If it doesn't need to be kept that much of a secret (and 99% of things

      • Re: (Score:3, Insightful)

        Funny. Obviously it's not routine at all so the chances of making a mistake are even greater. You don't need to file it in some secret folder though. It's no secret at all that when the government produces a valid warrant you need to comply with it or be held in contempt of court. And if I were the sysadmin, I'd be looking through the e-mail myself, not just sending it to the government. If the government is that interested in it then something very wrong is most likely to be going on and I'd like to k

          • Yes he did. And that was exactly the point of his e-mail. He got paid very well while we were paying him. I don't believe he landed us a single contract! He had the dubious honor of being one of maybe 2 or 3 people to be fired in the past decade.

            As for references.. well, what can you do? Quoting that e-mail would potentially open up the company to a defamation suit so that's not an option. Not to mention that you don't really want to make it well-known that you hired a con man. As far as the compan

  • Whose Glitch? (Score:3, Insightful)

    by Doc Ruby (173196) on Saturday February 16 2008, @05:44PM (#22448418) Homepage Journal

    F.B.I. officials blamed an "apparent miscommunication" with the unnamed Internet provider, which mistakenly turned over all the e-mail from a small e-mail domain for which it served as host. The records were ultimately destroyed, officials said.


    Whose "glitch"? What was the "apparent miscommunication, exactly? Did the FBI tell the ISP to give them the total access that the court hadn't authorized, or did the ISP make the mistake and give them total access when asked for only limited access? Maybe the FBI is citing that totally ambiguous blame, but what is the real story?

    If the ISP screwed up, then it should get sued by the extra people whose mailboxes it turned over without authorization. If the FBI "screwed up", then it's just another example of why these courts cannot be secret if the government is to do its job protecting our rights - including protecting us from the government.
    • According to the article...

      A technical glitch gave the F.B.I. access to the e-mail messages from an entire computer network -- perhaps hundreds of accounts or more -- instead of simply the lone e-mail address that was approved by a secret intelligence court as part of a national security investigation, according to an internal report of the 2006 episode.

      Later, F.B.I. officials blamed an "apparent miscommunication" with the unnamed Internet provider, which mistakenly turned over all the e-mail from a smal

      • Re: (Score:2, Interesting)

        Interesting definitions. To me chatting up a 13 year old who turns out to be an FBI agent is a "apparent miscommunication". Spying on the wrong people in violation of a subpoena (I assume a judge ordered this) is not "miscommunication" if it also "technical glitch". It can be one or the other, but not likely both. Somebody dropped the ball. Yes, it is a big deal.
        Imagine if a sysadmin "accidently" rerouted the companies email to their competitors (which might even be legal, if stupid)... Would the FBI acc
      • Like I quoted myself in my post, the FBI implies it was the ISP, not the FBI. Especially with the current horrendous state of the FBI and the DoJ over it, especially in these domestic spying cases, the burden of proof is on the FBI to prove it was the ISP's mistake, not merely imply it to yet another credulous NY Times reporter.
    • The article clearly states that the FBI noticed that they were getting way too much email from that warrant, found out what was happening and notified the ISP. If they'd intentionally asked for more than they were entitled to, they'd have kept their mouths shut, wouldn't they?
      • No, not if they were afraid they'd get caught some other way. Which they weren't, not publicly, until the EFF filed its lawsuit, which could have found them out anyway. Telling the ISP, then managing the story, is standard CYA.

        Until there's proof whose "glitch" this was, there's absolutely no sense "trusting the FBI" on this. Especially not this FBI, especially not in FISA matters, after their track record.

        And especially not in America, which was built on not trusting the government.
        • Telling the ISP also what they'd do if they were telling the truth. And, "managing the story," as you call it, is just good public relations. You seem to have decided that no matter what happens, or what is uncovered, the FBI is at fault, and interpret everything from that POV. I, OTOH, see no reason, yet, to disbelieve them, but I'll look at any new evidence with more of an open mind than you appear to have on this subject.
          • No, I'm just being reasonable. I am debunking what was offered as certainty that the FBI was operating clean, which is far from certain, since we have only the FBI's assertion.

            I have an open mind to evidence. My head just doesn't have the kinds of holes that allows it to speculate that the current FBI will tell the truth when it's caught violating people's privacy rights. With the mountain of evidence against that in so many other cases, a mind that open is really just a spy's dream.
    • Whose "glitch"? What was the "apparent miscommunication, exactly? Did the FBI tell the ISP to give them the total access that the court hadn't authorized, or did the ISP make the mistake and give them total access when asked for only limited access? Maybe the FBI is citing that totally ambiguous blame, but what is the real story?

      Two important questions here:

      • If the ISP actually misunderstood the surveillance request, why didn't they get confirmation? Asking for one person's email to be sent is one thing, but
      • Two important questions here:

        Actually, neither of them are important.

        If the ISP actually misunderstood the surveillance request, why didn't they get confirmation? Asking for one person's email to be sent is one thing, but a request for the entire domain's email to be forwarded sounds too broad to be legitimate.

        It sounded to me, from reading TFA, that it was an accident on the part of the ISP. The FBI didn't ask for it.

        When the FBI found they were getting email from individuals other than those they wanted. Did they promptly delete the email unread and report to the admin? Or did they think, "Hmmmm. Well, since we're already getting it..."

        ...and anything they read in there would be inadmissible in court since it wasn't obtained from a proper warrant. So why bother?

        The truth is that FBI agents are actually very, very busy people. They are often working a bunch of cases at once and they don't have enough time to go on illegal fishing expeditions that wouldn't be admissible in court anyway.

        • You're right - if you just take the FBI at it's word. Why on Earth would you do that? As far as I can tell from that article, the reporter didn't even ask the ISP what happened, "because the FBI won't identify it". How convenient.

          You can chant "tinfoil hat" all you want. The FBI is the one which the evidence shows actually had a lot of spying that it wasn't entitled to. Let's see its evidence that it was the ISP before giving that agency any benefit of the doubt.
    • Whose "glitch"? What was the "apparent miscommunication, exactly? Did the FBI tell the ISP to give them the total access that the court hadn't authorized, or did the ISP make the mistake and give them total access when asked for only limited access? Maybe the FBI is citing that totally ambiguous blame, but what is the real story?

      Some companies (like dyndns.org) allow people to manage their own DNS records for dynamically assigned IP addresses from cable networks. You basically choose a generic domain like
      • That is exactly why the 4th Amendment says "and particularly describing the place to be searched, and the persons or things to be seized." If the FBI got the scope wrong, the question is when. If it got it wrong after getting it right in the FISA warrant, then the FBI just violated the warrant, too. If the warrant asked for the larger scope, then the FISA Court that granted it violated the rights of the rest of those people (put up to it by the FBI). Which is why a secret court that's entitled to violate th
    • Re: (Score:2, Interesting)

      This doesn't appear to be a FISA letter, so the FBI didn't "tell" the ISP to do anything the court hadn't authorized. Ok, sue the ISP. For all the harm it did you. The FBI got some records it didn't request in a lawful court order and it told the organization it requested the records from. The FBI may or may not have read every single one of the emails that it got unlawfully, but until they try to prosecute someone on those records it is a non-event. There is no story here. I have been reading /. for
  • What I want to know (Score:4, Interesting)

    by causality (777677) on Saturday February 16 2008, @06:26PM (#22448692)

    A hundred or more accounts may have been accessed, rather than 'the lone e-mail address' that was approved by a secret intelligence court as part of a national security investigation.

    When I read this, I wasn't wondering how that happened, or what the nature of the "glitch" was, or how many accounts were accessed. What I was wondering is WHY THE FUCK DOES THE UNITED STATES HAVE A SECRET COURT OF ANY KIND?!?!. Yeah yeah, to protect the children, save the whales, stop the terrorists, keep you safe, "our intentions are pure and we're really a bunch of big-hearted individuals who care about your well-being" etc... I still don't know what is wrong with the assholes who actually believe this shit.

    And hell, I want to believe we have a good, honest government. The fact is, we don't. I don't understand what being in this level of denial is supposed to do to remedy the situation. There is a very good reason why the founding fathers intended for most of our interaction with government to come from the local and state level. The only thing the federal government can do that the state & local governments cannot do is resolve disputes between states, conduct foreign policy, regulate interstate trade, oh and it can slowly become a dictatorship too. Speaking of remedies, I'm betting that nothing will happen either to the FBI as an organization or to the individuals who made this "mistake", that at most they will receive a slap-on-the-wrist.
    • by nguy (1207026) on Saturday February 16 2008, @06:40PM (#22448788)
      What I was wondering is WHY THE FUCK DOES THE UNITED STATES HAVE A SECRET COURT OF ANY KIND?!?!.

      This is not a "secret court" in the sense of a court that sends people to prison (the US has those, too, but they are still limited to the military and Guantanamo). Rather, it's a court that acts as an additional control for police and secret service actions.

      Such a "secret court" is a good thing, because it provides judicial review for actions that would otherwise not be subject to judicial review at all.
      • by achbed (97139) * <sdNO@SPAMachbed.org> on Saturday February 16 2008, @07:03PM (#22448936) Homepage Journal
        Such a "secret court" is a good thing, because it provides the appearance of judicial review for actions that would otherwise not be subject to judicial review at all.

        Fixed that for you.

        Check out the denial records of that court since the 70s. That should tell you just how detailed the FISA rubber stamp looks at those warrant petitions.
        • Your comment is missing the point. I was simply explaining that it's reasonable to have this kind of court be secret because the GP was concerned about the existence of secret courts.

          Now, we can have a separate discussion about whether this secret court is working.

          Check out the denial records of that court since the 70s. That should tell you just how detailed the FISA rubber stamp looks at those warrant petitions.

          OK, well, note that there is a record, and that we can actually see whether the court is worki
  • by 3seas (184403) on Saturday February 16 2008, @06:56PM (#22448886) Homepage Journal
    ... when you let it continue to happen.

    "But an intelligence official, who spoke on condition of anonymity because surveillance operations are classified, said: "It's inevitable that these things will happen. It's not weekly, but it's common."

    This falls into the area of cheating in a manner that an excuse can be used to "get away with it". This sort of cheating had been labeled "Neo-cheating" and is a form of dishonesty that is easy to apply and safe from proof.. "Oh it was just an honest mistake." Technology should not be an escape goat for such obvious deceptions.

    To give a simple example of a verification loop, when you sign up for a mailing list, messages boards, etc., in order to prevent spamming email accounts etc, there is a feedlack verification loop used. The point is, there are ways to prevent such spying "mistakes" from happening. And there should have already been such methods being applied as standard practice.

    The "it's not weekly but its common" is nothing but evidence of intent to cheat and to continue it.

    This "allowing deception" is similar electronic voting security failure vs. ATM financial security practices.

    Computer technology is not an excuse, but a way for dishonest human intent to hide behind technology excuses.

       
  • whose e-mail network was it that was revealed? Was it the NYT's network, or simply another one that they are reporting on?

    (TFAS is ambiguous, and TFA is behind a login screen.)

    Thanks,

    - RG>
  • What we DON'T know (Score:4, Interesting)

    by Baraka (35968) <chrisw AT iintech DOT com> on Saturday February 16 2008, @08:50PM (#22449528) Homepage
    • which ISP was involved
    • how many individuals' accounts had their privacy compromised
    • how many messages were captured by the FBI's data vacuum cleaner
    • whether the messages were really destroyed or not (what does unspecified means mean?)
    • whether the FBI is even telling the truth or not
    • how many other times this kind of overproduction has occurred since 9/11

    The writer of this article, Eric Lichtblau, won a shared Pulitzer Prize for his work in exposing the illegal warrantless wiretapping program, authorized by the government and championed by the White House after 9/11. In fact, it was in existence even before 9/11, but that's another story entirely.

    This program supposedly expired just yesterday when congress let the clock run out on its dependent legislation. The problem here, clearly, is that it doesn't matter if this program is never renewed; overproduction of data under FISA will still happen all the time. That's the entire point of this article. There are no checks and balances. There is no accountability. There is NOTHING. Total secrecy and legal immunity are all but guaranteed for the perpetrators. Period.
  • ...why do people still send sensitive email unencrypted?
  • I wonder how long before the government will require some sort of security clearance or background check on telecommunications workers and sysadmins on the basis that setting up these taps and email filters makes them privy to at least some of the details of who is being watched and why. What if any steps is the government taking to insure that the lowly sysadmin does not give the target of the investigation a heads up saying that they are being watched?