crackspackle writes "The Supreme Court ruled in favor of the State of Texas earlier today in a murder trial where the defendant, prior to be taken into custody, had been questioned by the police and chose to remain silent on key questions. This fact was bought up at trial and used to convict him. Most of us have seen at least enough cop shows to know police must read a suspect their Miranda rights when placing them in custody. The issue was a bit murkier here in that the defendant had not yet been detained and while we all probably thought the freedom from self-incrimination was an implicit right as stated in the Constitution, apparently SCOTUS now thinks you have to claim that right or at least be properly mirandized first." It appears that if you are "free to leave at any time" you lose a few rights. Fancy trick, up there with getting kids to write apology letters.

Zothecula writes "Applied DNA Sciences (ADNAS) has developed a new approach to solve crimes using DNA tagging. The difference is that instead of tagging the objects being stolen, the company's system tags the perpetrator with DNA. While this has been tried before by applying the DNA to a fleeing criminal with a gun, ADNAS has adopted a more subtle approach."

theodp writes "Two decades before the White House was petitioned to remove U.S. Attorney Carmen Ortiz and her Assistant U.S. Attorney Stephen Heymann from their jobs for the allegedly overzealous prosecution of Aaron Swartz, the Boston Globe reported on allegations of 'sometimes heavy-handed tactics and inaccuracies' of an NFL investigation into sexual harassment charges made by a sportswriter against the New England Patriots that was led by Watergate prosecutor Philip Heymann (Stephen's father) and included Ortiz. 'From the day Philip Heymann and his colleagues walked into Foxboro Stadium to investigate Lisa Olson's charges of sexual harassment,' the Globe reported, 'the New England Patriots were on the defensive, and apparently, they stayed there to the end. One day after conducting a preliminary six-hour interview with Olson, Heymann introduced each investigator to the Patriots and outlined their backgrounds at a meeting he later called benign. Yet he also said two weeks ago, "They were frightened from the beginning by the way I introduced people. I said that Jerry O'Sullivan had been US Attorney. I said Jim Ring had been FBI special agent in charge of organized crime."'

Regarding Ortiz, the Globe reported, 'Heymann investigator Carmen Ortiz wrote in a memo of her Oct. 18, 1990, interview with [Lisa Olson] that she took no notes and did not tape-record the conversation. Yet she used direct quotes when writing up her 15-page report on the session. When asked to explain, she referred the Globe to Heymann.' Aside from transcripts of two interviews (the tapes of which were destroyed), the Globe reported the NFL kept no notes on its interviews with 89 other people. '"It was contemplated that there would be a motion such as this [a lawsuit by Olson] and we did not want to create that type of document," an NFL attorney explained. According to the Globe, an attorney representing the Patriots said that 'one reason the tapes were destroyed may be that the NFL did not want anyone to hear raised voices or pounding of tables. He said some of those interviewed were not allowed to leave the room and had their livelihoods threatened if they did not cooperate.' Curiously, the elder Heymann featured prominently in a recently-upheld DOJ motion to keep the names of key people involved in the Aaron Swartz case secret — a postcard threat received by Philip Heymann was cited by Ortiz's office as evidence of why such secrecy was necessary."

New submitter EdPbllips writes "Law enforcement officials nationwide are demanding the creation of a 'kill switch' that would render smartphones inoperable after they are stolen, New York's top prosecutor said Thursday in a clear warning to the world's smartphone manufacturers. Citing statistics showing that 1 in 3 robberies nationwide involve the theft of a mobile phone, New York Attorney General Eric Schneiderman announced the formation of a coalition of law enforcement agencies devoted to stamping out what he called an 'epidemic' of smartphone robberies. 'All too often, these robberies turn violent,' said Schneiderman, who was joined at a news conference by San Francisco District Attorney George Gascon. 'There are assaults. There are murders.'" Apple described a system like this in their presentation about iOS 7 at WWDC.

An anonymous reader writes "Apple has always been extremely anti jailbreaking, but it might now have a good reason to plug up the exploits. As Hardware 2.0 argues, Apple's new iOS 7 Activation Lock anti-theft mechanism which renders stolen handsets useless (even after wiping) unless the owner's Apple ID is entered relies on having a secure, locked-down OS. Are the days of jailbreaking iOS coming to a close?" I can see a whole new variety of phone-based ransom-ware based on this capability, too.

joeflies writes "In a previous Slashdot article, hackers worked to preserve content for the Steubenville rape case. The two football players charged received juvenile detention sentences of one and two years. One of the hackers, on the other hand, faces 10 years in prison."

An anonymous reader writes "Cyber espionage, crime, and warfare are possible only because of poor application or system design, implementation, and/or configuration,' argues a U.S. Air Force cyber security researcher. 'It is technological vulnerabilities that create the ability for actors to exploit the information system and gain illicit access to sensitive national security secrets, as the previous examples highlight. Yet software and hardware developers are not regulated in the same way as, say, the auto or pharmaceutical industries.' 'The truth is that we should no longer accept a patch/configuration management culture that promotes a laissez-faire approach to cyber security."

benrothke writes "Phil Lapsley calls his book 'the untold story of the teenagers and outlaws who hacked Ma Bell.' The story is an old one, going back to the early 1960's. Lapsley was able to track down many of the original phone phreaks and get their story. Many of them, even though the years have passed, asked Lapsley not to use their real names." Read below for the rest of Ben's review.

Bennett Haselton writes with his take on a case going back and forth in U.S. courts right now about whether a defendant can be ordered to decrypt his own hard drives when they may incriminate him. "A Wisconsin defendant in a criminal child-pornography case recently invoked his Fifth Amendment right to avoid giving the FBI the password to decrypt his hard drive. At the risk of alienating fellow civil-libertarians, I admit I've never seen the particular value of the Fifth Amendment right against self-incrimination. So I pose this logical puzzle: come up with a specific, precisely defined scenario, where the Fifth Amendment makes a positive difference." Read on for the rest of Bennett's thoughts.

angry tapir writes "Hackers would face up to two years or more in prison no matter where they live in the European Union under a new draft law approved by the European Parliament's civil liberties committee. The proposed rule would prevent E.U. countries from capping sentences for any type of hacking at less than two years. Meanwhile the maximum sentence possible for cyberattacks against 'critical infrastructure,' such as power plants, transport networks and government networks would be at least five years in jail. The draft directive, which updates rules that have been in place since 2005, would also introduce a maximum penalty of at least three years' imprisonment for creating botnets."

itwbennett writes "'Find My iPhone' is neat, but it's time for smartphone makers and carriers to stop pretending their anti-theft measures are anything more than minimum viable products, says blogger Kevin Purdy. He's not the first to point this out: As reported in Slashdot, 'NYC Mayor Michael Bloomberg said overall crime in New York City was up 3.3% in 2012 due to iPhone, iPad and other Apple device thefts.' And now San Francisco and New York attorneys general are calling a 'Smartphone Summit' where representatives from Apple, Google, Samsung, and Microsoft are due to meet and discuss the implementation of a industry-wide 'kill switch' system."

Rick Zeman writes "Hot on the heels of Verizon's massive data dump to NSA comes news of 'PRISM' where The National Security Agency and the FBI are tapping directly into the central servers of nine leading U.S. Internet companies, extracting audio, video, photographs, e-mails, documents and connection logs that enable analysts to track a person's movements and contacts over time. This program, established in 2007, includes major companies such as Apple, Microsoft, Yahoo, Google, Facebook...and more."

An anonymous reader writes "Mt. Gox is the the largest Bitcoin exchange in the world, and as such it and its users are being repeatedly targeted by attackers. Some two months ago, it battled a massive DDoS attack that was likely aimed at destabilizing the virtual currency and allow the criminals to profit from the swings. Now, according to Symantec researchers, the criminals have turned to spoofing Mt. Gox' site and tricking its customers into downloading malware — the Ponik downloader Trojan, which is also able to steal passwords."

WheezyJoe writes "The Today Show had a piece this morning showing video of thieves apparently using a small device to open and enter cars equipped with keyless entry. Electronic key fobs, which are supposed to be secure, are replacing keys in more and more new cars, but the evidence suggests that a device has been developed which effortlessly bypasses this security (at least on certain makes and models). 'Adding to the mystery, police say the device works on some cars but not others. Other surveillance videos show thieves trying to open a Ford SUV and a Cadillac, with no luck. But an Acura SUV and sedan pop right open. And they always seem to strike on the passenger side. Investigators don't know why.' Police and security experts say they are 'stumped.'"

hansamurai writes with an update to a story we've been following for a while. Jeffrey Feldman is at the center of an ongoing case about whether or not crime suspects can be forced to decrypt their own hard drives. (Feldman is accused of having child pornography on his hard drives.) After initially having a federal judge say Feldman was protected by the Fifth Amendment, law enforcement officials were able to break the encyption on one of his many seized storage devices. The decrypted contents contained child pornography, so a different judge said the direct evidence of criminal activity meant Feldman was not protected anymore by the Fifth Amendment. Now, a third judge has granted the defense attorney's emergency motion to rescind that decision, saying Feldman is once again (still?) protected by the Fifth Amendment. Feldman's lawyer said, "I will move heaven and earth to make sure that the war on the infinitesimal amount of child pornography that recirculates on the Internet does not eradicate the Fifth Amendment the way the war on drugs has eviscerated the Fourth Amendment. This case is going to go many rounds. Regardless of who wins the next round, the other side will appeal, invariably landing in the lap of the Seventh Circuit Court of Appeals and quite possibly the U.S. Supreme Court. The grim reality facing our country today is one where we currently have a percentage of our population behind bars that surpasses even the heights of the gulags in Stalinist Russia. On too many days criminal lawyers lose all rounds. But for today: The Shellow Group: 1, Government: 0."

Bent Spoke writes "The U.S. trade agency has banned the import of older Apple iPhone and iPad models due to the violation of a patent held by Samsung (PDF). 'The president can overturn the import ban on public-policy grounds, though that rarely happens. Apple can keep selling the devices during the 60-day review period. ... Apple pledged to appeal the ITC decision. The underlying findings will be reviewed by a U.S. appeals court specializing in patent cases. ... The decision could mean fewer choices for AT&T and T-Mobile customers who want to get an iPhone without paying the higher cost of the iPhone 5. Samsung told the commission that Cupertino, California-based Apple could drop the price of the iPhone 5 if it was worried about losing potential customers. All of the iPhones are made in Asia.' It's getting so complicated we need a scorecard to keep track of who's winning these offensive patent battles in the smartphone coliseum."

An anonymous reader writes "City of London Police inform TorrentFreak that they have begun targeting sites that provide access to unauthorized content for 'criminal gain.' The initiative is part of a collaboration with Hollywood studios represented by FACT and the major recording labels of the BPI. In letters being sent out now, police accuse site operators of committing offenses under the Serious Crime Act. The National Fraud Intelligence Bureau further warns that the crimes carry a jail sentence of 10 years."

An anonymous reader writes "As surveillance technologies have matured in both their sophistication and usage, some are starting to ask the question: is it time we start using them to watch the watchers? The proliferation of dashboard cameras has reduced liability costs, provided valuable evidence, and made police officers safer. The next progression would naturally be for the camera to move out of the car and onto the officer's uniform itself. In The Verge appears a fascinating report about the company behind the non-lethal stun guns that have become commonplace around the world, Taser International, which has set out to transform policing once again – this time, with Axon Flex, a head-mounted camera with a twelve-hour battery life that officers can use to record interactions. The device is constantly on, but it only captures video of the thirty seconds before its wearer begins using it, and then both video and audio while police are speaking to a citizen. Footage is then uploaded to a cloud-based service where it can be accessed by the police department. It includes an audit trail to reveal who has accessed the information and when."

schwit1 writes in with news about a ruling on the legality of the police collecting your DNA after an arrest. "A sharply divided Supreme Court on Monday said police can routinely take DNA from people they arrest, equating a DNA cheek swab to other common jailhouse procedures like fingerprinting. 'Taking and analyzing a cheek swab of the arrestee DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment,' Justice Anthony Kennedy wrote for the court's five-justice majority. But the four dissenting justices said that the court was allowing a major change in police powers. 'Make no mistake about it: because of today's decision, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason,' conservative Justice Antonin Scalia said in a sharp dissent which he read aloud in the courtroom. Details of ruling available here.

An anonymous reader writes " A Wyoming high school student who built a nuclear reactor in his dad's garage was disqualified from the International Science and Engineering Fair this month on a technicality.' His crime: competing in too many science fairs."