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Privacy United States Your Rights Online

FBI Obtains Phone Records With a Post-it Note 187

angry tapir writes "The FBI was so cavalier — and telecom companies so eager to help — that a verbal request or even one written on a Post-it note was enough for operators to hand over customer phone records, according to a damning report (PDF) released on Wednesday by the US Department of Justice Office of the Inspector General."
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FBI Obtains Phone Records With a Post-it Note

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  • ThePlanet (Score:5, Interesting)

    by Anonymous Coward on Wednesday January 20, 2010 @08:38PM (#30840554)

    From an ex-employee who worked there, I have heard FBI agents walk into TP's data center with their own key cards, pull whatever they want and on the way out, wave at the guy running the DC while dropping off the necessary paperwork on the way out.

  • Re:Hey (Score:2, Interesting)

    by Anonymous Coward on Wednesday January 20, 2010 @08:41PM (#30840594)

    I don't know about the bank, but taxoffice, yes :)

    My stalking ex-gf knew someone working at the taxoffices and felt she could query me in these PCs. Ofcourse that pulled out all my financial data and adress. She did that before she was my gf, unknowing to me, to find my adress and god knows what else, and later to stalk me.

    Don't overestimate workers...

  • by Anonymous Coward on Wednesday January 20, 2010 @08:43PM (#30840602)

    If they aren't punished, then they are above the law.

    Well, there are two laws in effect here:

    For the public: "If you have nothing to hide, you have nothing to fear."

    For the government: "If you have nothing to fear, you have nothing to hide."

    It's not the crime, it's the coverup. I wouldn't mind living surveillance state half as much as I do, if only the government were honest with its citizens about it. If that's what it takes to make it legal, go through channels and repeal the Fourth and Fifth.

    And yet, even though they have nothing to fear, they still try to hide.

  • by JDevers ( 83155 ) on Wednesday January 20, 2010 @08:48PM (#30840644)

    How do you encrypt a phone call again?

  • Unrelatedly (Score:3, Interesting)

    by Monkeedude1212 ( 1560403 ) on Wednesday January 20, 2010 @08:51PM (#30840676) Journal

    The FBI used these phone records to send a text message to a New York based purse theif asking him to turn himself in, in which he kindly obliged.

  • Re:Oblig. IP jokes. (Score:3, Interesting)

    by zippthorne ( 748122 ) on Wednesday January 20, 2010 @09:41PM (#30841082) Journal

    Hunches are just what you call it when the evidence was gathered illegally. "Police Psychics" are similar evidence launderers. Either that or they're straight up scammers. Frankly, I'm not sure which is worse.

  • by Obfuscant ( 592200 ) on Wednesday January 20, 2010 @09:53PM (#30841180)
    Breach of contract. They include a privacy policy in their TOS.

    Have you ever read your telco privacy policy? My telco is Qwest, and I just went to their website to see exactly what their policy is. I quote:

    Qwest discloses personal information collected online to affiliates and to others, including our business partners and vendors, to provide the products and services you request and to enhance those products and services. We may share personal information collected online with the government or third parties who make a lawful request for it. We may also disclose personal information collected online to others to assert and defend our legal rights, and as otherwise authorized or required by law.

    They are quite upfront about sharing your information with the government. All they need to do is make "a lawful request" for it. There is no law that says the FBI cannot ASK Qwest for your information, so ASKING is a lawful request.

    So, wanna try again? What contract do YOU have?

  • by Anonymous Coward on Wednesday January 20, 2010 @10:26PM (#30841416)

    ...which in a little while you won't be able to buy with cash.

  • by Anonymous Coward on Wednesday January 20, 2010 @10:27PM (#30841420)

    That doesn't work as well as you might think.
    There is location data on where the phone is while it is turned on.
    Traffic analysis of who you call can reveal who you are (or that you are likely the same person as used a different prepaid cell phone last week).

  • by Runaway1956 ( 1322357 ) on Wednesday January 20, 2010 @10:45PM (#30841538) Homepage Journal

    "Do you really think that the cop who pulls you over for a traffic violation really needs to call a judge to get approval to ask you if he can search your vehicle? That's ridiculous."

    In the US? Yes, he does. I've denied permission to search my vehicle on three occasions, and got different answers each time. 1. "If a dog smells something, I can search without your permission." "So, get the dog!" 2. "I can arrest you, and take you jail, then impound your car and search it." "Arrest me on what charge? Failure to agree to be searched?" 3. "I can get a warrant." "If you have probable cause, why don't you already have the warrant?"

    In short, my car has NOT been searched, because I DENIED PERMISSION. The moment you waver, and say something that might be construed as permission to search, you WILL BE searched.

  • by Anonymous Coward on Wednesday January 20, 2010 @11:06PM (#30841684)

    I love my country--signed up to take a bullet (or an IED for her); however, I fear my gov't FAR more than any terrorist.

    Al-Qaeda: 10,000 kills (approx)

    Fed & State felony convictions: 9,000,000 (approx)

    I'll take my chances with the terrorists, thank you.

  • by penguinbrat ( 711309 ) on Thursday January 21, 2010 @01:53AM (#30842790)
    I'd be curious to know if there was some kind of unofficial threat from the FBI that if the given operator doesn't comply they will be investigated for impeding the given investigation or something - as we all know we are breaking some kind of law at any given moment, although with the newly in acted laws for national security due to terrorism, we are probably violating these as well at any given time - let alone in the past...
  • Re:ThePlanet (Score:1, Interesting)

    by Anonymous Coward on Thursday January 21, 2010 @02:20AM (#30842924)

    I work at a hosting provider larger than TP that has had to cooperate with the law before and disagree that this really happens with so little background action. Cool idea for a movie though.

  • by AftanGustur ( 7715 ) on Thursday January 21, 2010 @03:55AM (#30843358) Homepage

    Why aren't these people prosecuted ??

    I mean, in a country where the average Joe gets in big trouble for telling the wrong joke at a airport you would have thought this to be a more serious crime ?!?

  • Re:"LAW ENFORCEMENT" (Score:3, Interesting)

    by 2obvious4u ( 871996 ) on Thursday January 21, 2010 @12:44PM (#30847360)
    My dad had a saying "Plain and simple its against the law." This would be when he was telling me not to do something. Usually it was him telling me not to speed.

    Now that I'm the Dad I realize that that is the dumbest saying ever. Its not simple, idiots make stupid laws. People don't look at statistics, they become emotionally attached to a cause and throw all logic out the window and then pass a super restrictive law that really doesn't do any good. The majority of the population can break these dumb laws and everyone is safe; however a statistically insignificant number of people who are already ripe for a Darwin award break the law to deadly results. Therefore 10 people do something stupid and the other 6 billion people on the planet have to suffer.

    Here is a listing of stupid laws:
    Can't grow your own marijuana.
    Can't go faster than 70mpg on the interstate, even when nobody is withing 10 miles of you.
    Can't date a freshman as a senior in highschool, if you do you're stigmatized by law for life.
    Can't copy a song off a CD and give it to your significant other (mix tapes are technically illegal).
    Have to wear a seatbelt at ALL times. No sleeping on the floor of the SUV during 8 and 10 hour car trips. The instant that seatbelt unclicks, for whatever reason and the vehicle is in motion, you've broken the law.

    Not to mention that the judicial system, which was designed to allow for exceptions based on circumstance, has had the feature removed. The law which is supposed to have grey areas where your peers could decide that in that particular case it would be ok, has had that power effectively removed. Yes in some extreme cases juries still have that power, but for common violations of the law it has become a cash crop for the state.

    Oh and the local law enforcement isn't your friend. They serve a purpose and your friend isn't one of them. Always, Always do as little as possible to cooperate with them because you're probably breaking a law and don't even realize it. The officer will and will fine you or arrest you for it. And if you protest to the officer they'll add resisting arrest or a number of other trump charges. And even when they are wrong and proved so in court they'll still create some other lesser charge just so they save face.

    Can you tell I'm bitter about the legal system? There was a great story on "This American Life" about someone who got arrested for grand theft auto because of one of those bait cars. They parked it in front of his apartment and he was trying to find the owner to get it removed. He even called the police about it repeatedly. The stupid bait car even leaves the doors unlocked with the keys in it. He didn't do anything wrong yet had to fight in court for years.

    Then you add in technology which the Luddites can't understand and you get kids being brought up on charges for sexting. Its like they've completely forgotten what its like to be a kid. It is just the modern version of "I'll show you mine if you show me yours" except in the digital age. And "they" are just so happy to ruin peoples lives beyond what their own stupidity has already done.

Thus spake the master programmer: "After three days without programming, life becomes meaningless." -- Geoffrey James, "The Tao of Programming"

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