JK Rowling wins privacy case over son's photo

UK - Harry Potter author JK Rowling has won her battle to ban the further publication of a long-lens photograph of her son, in a privacy case her lawyers called a major development in British law.

In a written judgment, a panel of judges upheld the appeal, a ruling which Rowling and husband Neil Murray welcomed.

"We understand and accept that with the success of Harry Potter there will be a measure of legitimate media and public interest in Jo's (Rowling's) professional activities and appearances," the couple said in a statement.

"However, we have striven to give our children a normal family life outside the media spotlight.

"We are immensely grateful to the court for giving our children protection from covert, unauthorised photography; this ruling will make an immediate and material difference to their lives." (more)
...but, if they didn't win, there was always... >Plan B<.

Court-Approved Wiretapping Rose 14% in '07

Last year might have been a rough year for U.S. home prices, but growth in government wiretaps remained healthy, with the eavesdropping sector posting a 14% increase in court orders compared to 2006.

In 2007, judges approved 4,578 state and federal wiretaps, as compared to 4,015 in 2006, according to two new reports on criminal and intelligence wiretaps.

State investigators are increasingly turning to wiretaps, according to newly released statistics. State police applied for 27% more wiretaps in 2007 than in 2006, with 94% of them targeting cell phones, according to figures released by the U.S. Courts' administrator.

In 2007, state judges approved 1,751 criminal wiretap applications, without turning any of them down, according to the report (.pdf). That's a near-three fold increase in state wiretaps since 1997. (more)

Wiretap Laws Morph With Technology

Excellent article detailing how legal wiretapping in the United States was forced to grow with technology.

In the old days, everyone was linked to a lug nut... (everyone's telephone) ended up in the basement of the telephone company's switching station. There, the wire emerged, pegged to a rack by a single copper lug nut. Acres of racks lined the walls, each holding rows and columns of lug nuts and their wires, neatly stacked atop each other...

And then it all went sideways.

At the same time that the phone companies were preparing for the transition to digital, the use of cellphones -- which were inherently harder to tap because they used phone lines differently than analog devices -- mushroomed. ...Electronic surveillance, once such a dependable, relatively easy craft, was becoming inordinately difficult. (more)

Answer: "Mission Creep"

Question: What happens when tiny towns are given big £'s to watch for terrorists who never come?

UK - Campaigners have called for a "root and branch review" of spy laws after it emerged local councils were using them to track dog-foulers and litter bugs.

The Press Association contacted 97 councils to find out how they were using the powers, originally designed to combat crime and terrorism. It followed the controversy surrounding the case of a family in Poole, Dorset, who were tracked covertly for nearly three weeks to check they lived in a school catchment area...

...the research found the law was also used to find out about people who let their dog foul, a breach of planning law, an animal welfare case and an instance of littering.

Surveillance was also used to investigate alleged misuse of a disabled parking badge. (more)
Once surveillance is part of the civil infrastructure justifying usage moves from difficult to easy.

What happens in Vegas...

Las Vegas, NV - Clark County police and prosecutors say they have intercepted more than 29,000 incriminating conversations in 11 years, yet the wiretap recordings usually are hidden -- even years later -- because they are rarely used in open court to prosecute murderers, drug dealers and others.

Now a prominent Las Vegas defense attorney, Dominic Gentile, suggests they are being used, instead, to improperly gather intelligence about alleged crimes for which no wiretap was authorized. Failing to reveal the search results is cheating, he said, because when those other crimes are prosecuted, it denies defense lawyers any chance to examine the wiretap affidavit and question the tap's legality. (more)

Anticipated Mission Creep Arrives

UK - Anti-terrorism surveillance is being used to spy on kids

Councils are using anti-terrorism surveillance laws to spy on children trying to buy alcohol, it has emerged. One authority alone has run 70 snooping operations, including tracking youngsters and covertly filming people selling counterfeit DVDs. It also admitted using the laws to obtain phone records and e-mails of those suspected of what it described as 'petty' offences. (more)

Putting the squeeze on Blackberry to get the juice

Talks between Indian officials and Canada's Research In Motion (RIM, the BlackBerry Bunch) would seem not to have gone very smoothly...

The backstory here is that the top brass at India's burgeoning and powerful state security services are concerned that Blackberry's advanced communications technology cannot be breached by their operatives and thus the "authorities" are currently unable to eavesdrop Blackberry users.

They have asked RIM to provide them with the capability to conduct covert surveillance on Blackberry users by requiring the company to install local servers and provide secret back door access to services, but the Canadian vendor has so far refused to comply. (more)

FutureWatch - Cell Phone Crackdowns

Austria - Taking a cue from France's national railway, which offers phone-free «zen zones» on high-speed trains, Austria's second-largest city this week began ordering public transit commuters to keep their phones on silent mode.

The crackdown in the southern city of Graz has triggered a loud debate between advocates of free speech and people who say they're simply fed up with having to listen to annoying ring tones and intrusive cell phone chatter while riding a public bus or tram. (more) (etiquette) (how other are dispensing justice) (Divine justice)

Extra Credit...
''No matter the excitement in the industry he had created, Bell forever refused to have a telephone in his study. He resented its persistent jangle.'' - from ''Once Upon a Telephone: An Illustrated Social History'' (Harcourt Brace & Company, 1994) by Ellen Stern and Emily Gwathmey

"...and she went to the hospital to have it removed! Blahaaaaaa..."

Australia - Attorney-General Robert McClelland says the proposal to let some employers access workers' emails without consent is only being considered as a way to stop cyber terrorist attacks.

He says it would not be targeted at personal communications.

"What you would be looking and permitting access to is information that would reveal an attempted infiltration," he said.

But deputy Opposition leader Julie Bishop says...
"Employers should not be burdened with the responsibility of intercepting emails involving staff suspected of behaviour that threatens Australia's national security."

"This places an unfair surveillance responsibility upon employers and effectively requires them to undertake what is a potential criminal investigation." (more)

Seriously bad idea...
- Pay IT guy to do a government intelligence agents' work?
- Pay twice!?!? Salary for IT guy and (via taxes) government intelligence agents'.
- Conflict of interest? Employees spying on friends and colleagues?
- Entrust national security to an army of untrained private employees...
- ...whose work product might equal less than educated guesswork?
- ...who may be tempted to use the snoop power for personal gain?
- Not to mention: loss of regular business productivity, opening new avenues of corporate espionage, data vulnerabilities, etc.
Outsourcing your job responsibilities should not be an option; especially when you have been entrusted with national security.

"Sunlight is the best disinfectant."

Trinidad & Tobago - Sweeping legislative changes, including a proposal to regulate the practice of wiretapping in the entire region, are among a series of recommendations agreed to by Caricom Heads of States, Bharrat Jagdeo, the Guyanese president, revealed yesterday.

Speaking to reporters outside of the Grand Ballroom of the Hilton Trinidad where a special security meeting of the Caricom Heads of Government was concluded. Jagdeo disclosed that he had personal knowledge that wiretapping is done throughout the region and revealed that it was agreed by heads of government that the practice should be regulated by legislation.

“People wiretap now,” he said, “but they can’t use it for evidence because it’s done illegally.” (more)

Bet you never heard of CARICOM.
Guess how many countries we are talking about here...
Full Members
Antigua and Barbuda
Bahamas
Barbados
Belize
Dominica
Grenada
Guyana
Haiti
Jamaica
Montserrat
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Suriname
Trinidad and Tobago
Associate Members
Anguilla
Bermuda
British Virgin Islands
Cayman Islands
Turks and Caicos Islands
Observers
Aruba
Colombia
Dominican Republic
Mexico
Netherlands Antilles
Puerto Rico (U.S.)
Venezuela

That's a lot of wiretappers who will soon be able to present their evidence in court!
It may also change some old saws...
"Sunny places attract shady characters."
may now become...
"Sunlight is the best disinfectant."

Investigative Techniques for the Trial Lawyer - Wiretapping: Part I

...we have probably all wondered if our conversations via phone were being taped.

There are federal and state (all 50 and DC) statutes governing the use of electronic recording equipment. The unlawful use of recording equipment may not only give authority for civil proceedings against the perpetrator of illegal taping, but may also give rise to criminal charges.

Today’s Bulletin gets right into the meat of how and where the taping of private telephone conversations is allowed...

Interesting exceptions to the rules...
In California, generally an all party consent state, one party alone can record if criminal activity (e.g. extortion) is anticipated or involved.

In Arizona, the subscriber to a telephone service can record telephone conversations with no party consent when criminal activity is involved. (more)

13 Fired For Spying

At least 13 hospital employees are being fired, and 6 suspended, after an investigator concluded that they broke the rules by accessing (Britney) Spears' medical records without any particular reason (except their own curiosity).

Not only would Britney's medical files give them the answers to some closely guarded secrets, but a photocopied page could sell to the tabloids for thousands. (more) Hip, HIPPA, Hooray

...and who complained about the raincoat brigade!

Filming people secretly and without permission will be subject to big fines and prison sentences under new laws being introduced in the South Australian Parliament.

The Attorney-General, Michael Atkinson, wants to crack down on modern-day peeping toms using mobile phones to capture images of people without permission.

"We're also concerned with indecent filming, filming people going to the lavatory, filming people engaged in private acts, namely sexual acts, that occur only in private," he said.

"The Rann Government is keen to protect peoples' privacy from modern-day peeping toms, the raincoat brigade and some of the more extreme elements of the paparazzi. (more)

Alert - The Wikileaks.org ruling affects you, too.

Quick review...
(from Jan. 9, 2008)
"WikiLeaks.org is developing an uncensorable version of WikiPedia for untraceable mass document leaking and analysis."

Every coin has it light side and dark side.
The flip side of this coin is extortionography.

"What is Extortionography?"
Using audio / video / photographic or other evidence for personal or monetary gain, or to force a desired result or outcome.

"Do [insert demand here] or I will send [insert audio, video or other info-leak here] to WikiLeaks!"
------------------------
First blowback...
(from Feb. 20, 2008)
Recent days have brought two federal court decisions with disputed First Amendment legitimacy.

In San Francisco, District Judge Jeffrey White acceded to a request by a Cayman Islands bank to shut access to the Web site Wikileaks.org, which "invites people to post leaked materials with the goal of discouraging 'unethical behavior' by corporations and governments," as the New York Times reports.

In this case, the bank, Julius Baer Bank and Trust, accused "a disgruntled ex-employee" of giving stolen documents to Wikileaks in violation of banking laws and a confidentiality agreement. (more)
------------------------
This weeki...
Free speech advocates immediately hailed as a victory the decision on Friday of a federal judge to withdraw a prior order turning off the Web address of the site Wikileaks.org ...

“Maybe that’s just the reality of the world that we live in,” Judge White said. “When this genie gets out of the bottle, that’s it.” (more)
------------------------
"What does this mean to me?," you ask yourself.
- The court has given extortionography the green light for now.
- Don't assume your business information is protected from leakers.
- Reassess your information security procedures, today.
- The most damning leaks are always the audio and visual leaks.
- Conduct eavesdropping and spycam detection audits frequently.
Need help? Call us.

German high court conditionally approves government data spying

Germany's Constitutional Court has determined that any data stored or exchanged on PCs is private and protected by the country's constitution -- just not if you're a suspect.

The court determined that data collection directly encroaches on citizens' rights, but that authorities will be allowed to spy on suspicious individuals with high court approval. (more)

Leaked Info Dampens First Amendment

Recent days have brought two federal court decisions with disputed First Amendment legitimacy.

In San Francisco, District Judge Jeffrey White acceded to a request by a Cayman Islands bank to shut access to the Web site Wikileaks.org, which "invites people to post leaked materials with the goal of discouraging 'unethical behavior' by corporations and governments," as the New York Times reports.

In this case, the bank, Julius Baer Bank and Trust, accused "a disgruntled ex-employee" of giving stolen documents to Wikileaks in violation of banking laws and a confidentiality agreement. (more)

First Amendment vs. Creeping Extortionography.
You decide. In the meantime, keep your information from leaking in the first place. Need help? Call us.

"Let me tell you how it will be..."

UK - He already has the power to arrest, and as of today, the British taxman will also be able to intercept phone calls, emails and letters, as well as bug residential premises and private vehicles. (more)
(sing-along)

In December 2005, the Australian Institute of Criminology (AIC) was commissioned by the Australian High Tech Crime Centre (AHTCC) to conduct research into issues relating to key criminal justice issues concerning technology-enabled crime.

The report provides an instant eduction on technology enhanced crimes, and new crimes which have come into being because of advancements in technology.

Observations...
- It still takes the legal system about 10 years to catch up with technology changes.
- Technology has further cemented the need for international law enforcement cooperation.
- Technology is forcing some of the age-old crimes – that we rarely used to hear about – out of the darkness.
Very interesting document. Sign of the times.
(this report) (more reports)

Albania to legalize wiretapping

Albania - A law that would make wiretapping legal, if there is a request from General Prosecutor for this. The draft states that in certain specific cases it will Ministry of Internal Affairs the one to administer wiretapping, but opposition rightfully protests this, arguing that this will make room for politically motivated eavesdropping, and AIS will lose its purpose. (video)

"But, Mom. I didn't know it was illegal!"

To celebrate 10 years of making spy toys, Wild Planet is redesigning the Spy Gear brand look and logo, upgrading its most popular items, introducing 10 new products and releasing the first Spy Gear board games.

"We attribute Spy Gear's success to our ability to incorporate advanced, real-world technology into old-fashioned, classic play," says Daniel Grossman, CEO and founder of Wild Planet.

"Pretending to be a spy is not a new idea," explains Grossman, "but having a real, working remote-controlled spy vehicle that transmits video and audio back to a private headset -- that's a new way to play spy."

The Spy Video ATV-360 is one of the new Spy Gear releases scheduled for fall 2008. A follow-up to the brand's original Spy Video Car launched in 2006, the Spy Video ATV-360 will be the first remote-controlled Spy Gear vehicle to offer video and audio transmission, full-circle spin control, and tank tracks for a mass retail price of $99. (more)

Dan, Wild Planet really needs to re-think this one - at least for U.S. sales. Federal and state laws prohibiting electronic audio spying have been on the books here since 1968.

Idea: Hire an attorney or security consultant - who specializes in electronic surveillance matters - avoid a costly recall and lawsuits.

Quote of the Day

"We're long past alligator clips on copper wires." - Roger Pilon, writing in The Wall Street Journal about a bipartisan surveillance authorization measure that's already passed the Intelligence Committee. (more)

"From your lips to..."

German bishop
vows a fight against
bugging confessionals.

Hamburg, Gemany - A German bishop has assailed the suggestion, raised by officials in the country's interior ministry, that police should be allowed to eavesdrop on confessionals. (more)

Man Challenges 15-Year Term for High-Tech Peeping

The U.S. Supreme Court is scheduled to consider whether it will hear (Eddie) Gilmer's challenge to Mississippi's surveillance law. Gilmer and his attorneys argue that the law, as interpreted by the state's supreme court, violates his First Amendment and due process rights.

Though the tapes zoomed in on the woman's chest and crotch, court records say she was fully clothed and sitting in front of a partially-open balcony door, where she could be seen from the parking lot where Gilmer was sitting.

After he was caught filming her several times, Gilmer was sentenced to 15 years in prison under the state's video voyeurism law, in what appears to be one of the country's toughest punishments for high-tech peeping.

"They've put people who have killed people in jail for less time than that," said Gilmer's attorney, Julie Epps, who has appealed his case to the U.S. Supreme Court.

The voyeurism law makes it illegal to secretly tape someone, with a lewd purpose, in a place where they would intend to be undressed and expect privacy. In Gilmer's case, the victim admitted that she was fully clothed and that she would not take her clothes off in front of an open window or door, according to court records. (more)

Japan Plans To Criminalize Industrial Spying

Japan wants to amend its Criminal Code to make industrial spying a crime. Under present laws, a theft case may only be filed if there are goods or money involved. Stealing of vital corporate technology or data is not included.

Japanese Economy, Trade and Industry Minister Akira Amari confirmed on Tuesday a bill is underway to facilitate the filing of criminal cases against corporate spies. The decision to criminalize industrial espionage arose from the recent arrest of a Chinese staff working for Denso Corp.

Yang Luchuan, an engineer who was previously employed by a military firm in China, was caught bringing out a laptop with 130,000 product designs illegally copied from the company's database. The data involved 1,700 types of products ranging from sensors to industrial robots. Included in the stolen information are 208 company secrets.

However, the case against Yang was dropped since the police could not locate where the Chinese engineer sent the stolen information. (more)

Listen Up

The TV ad for this electronic amplifier starts of innocently. "Do you sometimes disturb others while you watch TV?"

Then, it turns creepy.

"Listen to a pin drop from across the room. Or, listen into a conversation from across the street."

Headphones would solve the TV problem. And, if you feel the need to hear pins drop from across the room the only electronics you need might be shock therapy.

Several more references to eavesdropping follow. (scene: a health club) "Ever wonder what people are talking about across the room?" (video)

There oughtabealaw!
There is a law. "Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited" But, if you are a follower of this Security Scrapbook you know that the law is not being enforced.

This item is not much of a threat in corporate and government circles. However, many of the other eavesdropping devices you read about here are being used.

Moral: It is up to you to protect your privacy.
All we can do is help.

Wiretapping Before the Wires...

...The Post Office and the Birth of Communications Privacy
by Anuj C. Desai, University of Wisconsin Law School

"In this Article, I look beneath the surface of that raging debate to one of the premises underlying the court's conclusion, that the Fourth Amendment protects the confidentiality of communications. I explore the origins of the notion that the Fourth Amendment protects communications privacy. Most scholars and commentators look to Justice Brandeis's famous dissent in the 1928 case Olmstead v. United States. In this Article, I contend that we must go further back, back to surveillance of the first communications network in the United States, the post office. I explain the history of postal surveillance and show that the principle of communications privacy derives not from the Fourth Amendment or even from the Constitution at all. Rather, it comes from..." (more)

SpyCam Story #417 - Illinois' New Law

IL - A lawyer in Wheaton hid his cameras in a roll of toilet paper and a basket of potpourri in the women's restroom.

A bar owner in Downstate Chatsworth concealed his in a bathroom fan and a laundry basket.

And in East Dundee a podiatrist stands accused of tucking a camera underneath an examination table so he could watch patients undress.

Though authorities charged the three men with other felonies in connection with these acts, the actual videotapings were only misdemeanors. Illinois statutes, it seems, are as outdated as Super 8 film.

But a new state law going into effect Jan. 1 fast-forwards the criminal code into the 21st Century by making it a felony to record or transmit images of an adult in a restroom, tanning bed, tanning salon, locker room, changing room or hotel room without permission. If convicted, violators could face up to 3 years in prison.

At least 19 states, including Indiana, currently classify video voyeurism as a felony, according to the National Center for Victims of Crime. At least four others have bills pending. (more)

Never Believe Your Caller ID Again

...from the website...
SPOOFEM.COM offers you the ability to change what someone sees on their call display when they receive a phone call. This is typically referred to as "Caller ID Spoofing" or "Call Display Spoofing".

You can show any phone number you wish on their call display. You can change your voice to male / female, record the conversation, SMS text message and be able to protect your privacy by not showing your number on their caller ID. (more)

There are other spoof options, too.
• Prepaid virtual calling card (free test call)
• SpoofCard Widget (free test call download for Mac OS X)
• Telespoof (free test call)
• Spooftel

While spoofing is currently legal, it may not be in the near future. Laws against it are in the works.
• H.R. 5304 [109th]: Preventing Harassment through Outbound Number Enforcement Act
• H.R. 251: Truth in Caller ID Act of 2007

If spoofing becomes illegal should you believe your Caller ID again?
No.

Next time, Nancy, ask someone who knows...

DEAR ABBY: Is it all right for a family member to eavesdrop on a conversation on the extension line?

The other day, my husband and I picked up the phone at the same time. It was my mother calling to chat and to ask a question. Although the call was clearly for me, my husband remained on the line because, he said, he had a question for her when I was done with the conversation.

I contend that this was rude, as I didn't know he hadn't hung up the other phone. He contends that he had a right to listen because it is his house, and he can listen in if he wants.

Although nothing of a personal nature was discussed, I still think he should have given me my privacy and asked me to let him know when Mom and I were done talking so he could ask his question. This has caused a major rift in our family. Please respond.
-Nancy
Belmont, Calif.

DEAR NANCY: When a spouse starts using the old "I can do it if I want because it's my house" line, it's usually because he/she knows he/she is wrong. I don't know whether your husband is a bully or simply has no life of his own, but eavesdropping is a very unpleasant trait. And in the interest of family harmony, he should cut it out. (more)

He should cut it out?!?! Abby, what were you thinking? Non-consensual eavesdropping is a federal and state crime! Criminal and civil penalties apply, and the days of spousal immunity for eavesdropping are pretty much history. The "my house, my phone" party line does not mean "my conversation." It was not his conversation. There was no consent. What if he punched her? Would you buy his "my wife, my chattel" baloney?

Enterprise Theft by Cell Phone

There are a growing number of instances in which an employee or visitor in a corporate facility, factory, research and development lab or business exposition has photographed sensitive information, prototype products or processes using a company or personal cellular phone and sent the data instantly elsewhere.

Such actions may be illegal; some are legal; and some corporations have instituted policies and prohibitions on cell phones. This article shows how a chief security officer, working with his or her counsel, can conduct an investigation of a suspected phone. ~ Editor (more)

Salient points...
1. Contact your corporate general counsel or in-house counsel.
2. Use the proper software tools. Device Seizure from Paraben, Secure View from Susteen and the Cell-Dek from Logic Cube are commonly used tools that have been accepted by the legal system.
3. Misuse of camera phones is being addressed by enterprises.
4. An enterprise may choose to just dismiss an employee caught spying... More often visitors, contractors and others may face federal charges. Economic Espionage (18 U.S.C. § 1831)
5. There are more instances of corporate or employee cellular phones lost or stolen. Technology exists to trace missing handsets: CellTrace

Privacy Paradigm Shifts Shiftily. Worldwide Implications.

Australia - Police and other investigative bodies will be able to bug or track people for up to five days without needing a warrant, under legislation the State Government describes as "the biggest ever shake-up of surveillance laws in NSW law enforcement history".

Under the Surveillance Devices Bill police will also be given warrants to use the listening and tracking devices and hidden cameras for 90 days, instead of 21, to "cut red tape", the Premier, Morris Iemma, said in Parliament yesterday. (more)

A Constitutional History of Wiretapping

Free College Lecture (.mp4 video)
The history of wiretapping from 1920-1970
Fundamental knowledge every (USA-based) professional TSCM'er should know.

"On September 17, 1787, the final draft of the Constitution was signed in Philadelphia. Georgia Tech commemorated this historic event with a week of presentations and discussions concerning one of our country's most important founding documents." This is the wiretapping seminar.

Presented by: Robert Pikowsky, Georgia Institute of Technology, School of Public Policy, September 18, 2007 (video)