FBI Turns Back On 2,750 Of The 3,000 GPS Devices It Turned Off For Lack Of A Warrant

Privacy

from the spy-spy-spy-away dept

In January, we wrote about the Supreme Court’s somewhat surprising ruling on GPS monitoring by law enforcement, in which it suggested (but didn’t fully say) that putting a GPS device on a car might need a warrant — a pretty easy process that the FBI just didn’t want to go through. Following this, we noted a report saying that the FBI scrambled to turn off 3,000 such devices that had been placed without a warrant.

However, in an NPR report about just how unhappy the FBI is about all of this, it notes that the FBI actually scrambled to file for warrants on most of those 3,000 devices, such that only 250 were permanently shut off. And yet it’s still complaining about this whole “getting a warrant” thing. As Tim Lee notes, FBI director Robert Mueller is basically complaining to Congress that it’s just so hard:

In Congressional testimony last month, FBI Director Robert Meuller said the ruling “will inhibit our ability” to do GPS tracking “in a number of surveillances where it has been tremendously beneficial.” Mueller said that in cases where they didn’t have probable cause, the FBI is forced to deploy teams of six to eight people to track suspects the old-fashioned way.

“If you require probable cause for every technique, then you are making it very, very hard for law enforcement,” an FBI lawyer told NPR.

But, uh, isn’t that why we require a warrant? It’s supposed to be hard to spy on people. That’s kind of one of the key principles of the Constitution. Again, as Lee notes:

Of course, that’s kind of the point. Law enforcement’s job would be a lot easier if we just did away with the Fourth Amendment and gave the police unfettered spying powers. But that would open the door to abuses of power, so the founders wisely limited government searches to cases where the government could demonstrate it had probable cause to believe that a crime had been committed.

Separately, the fact that so many of the devices were able to be turned back on via a warrant suggests that this intermediary review step isn’t really a problem for the FBI in most cases. But it’s one that likely stops significant abuse of the system.

Filed Under: fbi, gps, robert mueller, spying, warrants

FBI Preaches Dangers Of 'Cybercrime' To The Choir

Overhype

from the getting-sick-of-the-word-'cyber' dept

FBI Director Robert Mueller recently spoke at a cybersecurity conference where he reiterated his belief that so-called cybercrime will soon surpass terrorism as the biggest threat in America. Perhaps this means that the FBI plans to start manufacturing cyber-threats like they do with terrorist plots—or perhaps it means that, as some people have been saying for years, cybercrime is just crime. Of course, in a room full of professionals who stand to make more money if people are scared of online threats, he’s not likely to get a lot of argument.

That’s not meant to dismiss cybersecurity professionals—obviously they do a lot of important work, and obviously the FBI is going to need their assistance for plenty of things. But to call cybercrime the country’s biggest threat is to lump together a whole bunch of unrelated crimes, most of which aren’t even new:

“We are losing data, we are losing money, we are losing ideas and we are losing innovation,’ Mueller said at the RSA Conference in San Francisco. ‘Together we must find a way to stop the bleeding.”

The dangers posed by organized cyber-crime, rogue hacktivists and computer breaches backed by foreign governments have become a focus for the FBI.

Counterterrorism is still the agency’s top priority, but the agency has retooled to prepare for Internet-based aggressors, Mueller said. Cyber-squads in every FBI field office now monitor for crimes ranging from mortgage and health care fraud to child exploitation and terror recruiting, he said.

Presumably the FBI already has people specializing in mortgage and health care fraud, child exploitation and terror recruiting—so why portion off the “cyber” versions of these crimes into a separate “squad”? To then combine those things with hacktivism and online espionage just makes the category of “cybercrime” utterly meaningless. It is indicative of their struggle (which mirrors that of governments, the entertainment industry and others) to understand a core concept: the internet is not a separate thing. And even if there is a good administrative reason for organizing things in this way, it is highly misleading to call such a diverse array of crimes a single giant threat.

Filed Under: cybercrime, fbi, fud, overhype, robert mueller