A judge in New Jersey yesterday ordered the FBI to reveal the details of its advanced computer surveillance system after lawyers for a man caught with the system argued that it amounted to an illegal wire tap.
The FBI used the system to record the keystrokes of Nicodemo Scarfo Jr - the son of convicted mob boss Nicodemo "Little Nicky" Scarfo - who is standing trial on charges of loan sharking and running an illegal gambling operation. Mr Scarfo's lawyers want evidence gathered by the device thrown out on the grounds that it was collected illegally.
Although the bureau had a court order authorising the search and the surveillance, it has never told the court anything about how the system works.
The FBI argued that revealing details of the system would compromise national security and maintained that because the device recorded and stored information, it was not technically a wire tap.
The federal judge trying the case yesterday told the FBI that it must explain to the court how the system functions so that he can rule on the matter. He gave the FBI until the end of the month to hand over a full report on the surveillance system.
The FBI began recording Mr Scarfo's keystrokes because he had been using encryption software from Pretty Good Privacy to protect sensitive files.
Unable to break the encryption, agents broke into Mr Scarfo's office in Belleville, New Jersey and placed the tap on his computer to record his activities. From his keystrokes, they learned his passwords and accessed the information that allowed a prosecution.
Related article
21.07.2001: FBI under fire over internet sting
Useful links
