Prometheus 6

Back when we were concerned about warrantless wiretaps I wrote a longish post talking about England's project to track every car in the country's location in real time and similar possibilities in the USofA. The Electronic Freedom Foundation noted a Federal judge reversed precedent, allowing the feds to track your cell phone location without probable cause.

Bad Ruling on Cell Phone Tracking: What a Difference a G Makes

December 21, 2005

Yesterday, Magistrate Judge Gorenstein of the federal court for the Southern District of New York issued an opinion permitting the government to use cell site data to track a cell phone's physical location, without the government having to obtain a search warrant based on probable cause.

Judge Gorenstein's flawed legal analysis is in sharp contrast to three other federal court opinions strongly rejecting the government’s legal arguments, including a decision by Magistrate Judge Orenstein in the Eastern District of New York. While Judge Orenstein referred to the government's legal arguments variously as "unsupported," "misleading," and "contrived," and a Texas court called the convolutions of the government’s theory “perverse” and likened its twists and turns to a "three-rail bank shot," Judge Gorenstein bought the government's arguments hook, line and sinker.

My concern at the time was

This will be great...we already have a major head start with all the cars eqipped with OnStar...all cell-phone equipped and so all immediately trackable. Much cheaper, and people voluntarily carry the tracker. No need for those camera thingies and best of all, no government bill. YOU pay for it when you buy your car. And of course there's the cell phone in your pocket...we get to follow you to that tryst with your co-worker as a side effect of tracking cars. Because your co-worker's cousin lent a cell phone to a guy who is related to a student that studied the Middle East with a foreign exchange student whose uncle was in the Iraq military makes her a person of interest.

With that in mind...

FBI taps cell phone mic as eavesdropping tool
By Declan McCullagh
Story last modified Fri Dec 01 18:46:27 PST 2006

The FBI appears to have begun using a novel form of electronic surveillance in criminal investigations: remotely activating a mobile phone's microphone and using it to eavesdrop on nearby conversations.

The technique is called a "roving bug," and was approved by top U.S. Department of Justice officials for use against members of a New York organized crime family who were wary of conventional surveillance techniques such as tailing a suspect or wiretapping him.

Nextel cell phones owned by two alleged mobsters, John Ardito and his attorney Peter Peluso, were used by the FBI to listen in on nearby conversations. The FBI views Ardito as one of the most powerful men in the Genovese family, a major part of the national Mafia.

The surveillance technique came to light in an opinion published this week by U.S. District Judge Lewis Kaplan. He ruled that the "roving bug" was legal because federal wiretapping law is broad enough to permit eavesdropping even of conversations that take place near a suspect's cell phone.

Kaplan's opinion said that the eavesdropping technique "functioned whether the phone was powered on or off." Some handsets can't be fully powered down without removing the battery; for instance, some Nokia models will wake up when turned off if an alarm is set.

While the Genovese crime family prosecution appears to be the first time a remote-eavesdropping mechanism has been used in a criminal case, the technique has been discussed in security circles for years.

The U.S. Commerce Department's security office warns that "a cellular telephone can be turned into a microphone and transmitter for the purpose of listening to conversations in the vicinity of the phone." An article in the Financial Times last year said mobile providers can "remotely install a piece of software on to any handset, without the owner's knowledge, which will activate the microphone even when its owner is not making a call."

Nextel and Samsung handsets and the Motorola Razr are especially vulnerable to software downloads that activate their microphones, said James Atkinson, a counter-surveillance consultant who has worked closely with government agencies. "They can be remotely accessed and made to transmit room audio all the time," he said. "You can do that without having physical access to the phone."

Because modern handsets are miniature computers, downloaded software could modify the usual interface that always displays when a call is in progress. The spyware could then place a call to the FBI and activate the microphone--all without the owner knowing it happened. (The FBI declined to comment on Friday.)

"If a phone has in fact been modified to act as a bug, the only way to counteract that is to either have a bugsweeper follow you around 24-7, which is not practical, or to peel the battery off the phone," Atkinson said. Security-conscious corporate executives routinely remove the batteries from their cell phones, he added.