Last Monday (Nov. 9), the Supreme Court of the United States declined cert to petition Davis, Quartavius v. United States. The case focused on whether the police must obtain a warrant in order to access and review cellphone location data held by carriers. In brief, Davis was convicted of several counts of robbery based on evidence that was largely constructed from cellphone location data the state obtained from Davis’s mobile carrier, MetroPCS, without a warrant. Of particular concern to both Davis and privacy advocates was the data regarding the cell tower locations that Davis’s phone connected to at certain dates and times. The Eleventh Circuit held that Davis did not have a privacy interest in the historical cell site location data and therefore no warrant was necessary. Continue reading
Should the FBI be permitted to impersonate the news media in order to nab criminals?
That is the question being raised after an American Civil Liberties Union analyst reviewed documents showing that the FBI created a fictitious online news story in 2007 under the guise of The Seattle Times. The FBI hoped that the story would entice a teen bomb-threat suspect to click on the link, and as a result implant spyware (known as CIPAV software) on his computer.
The tactic worked––the story appeared in the suspect’s MySpace feed, which lead to the arrest and conviction of a 15-year-old who had been sending bomb threats to Timberline High School in Lacey, Washington. However, The Seattle Times was unaware that the FBI created the counterfeit URL, or that it was using the Times’ brand to implant spyware on the suspect’s computer. Continue reading