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 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.”
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.
But other experts thought microphone activation is the more likely scenario, mostly because the battery in a tiny bug would not have lasted a year and because court documents say the bug works anywhere “within the United States”–in other words, outside the range of a nearby FBI agent armed with a radio receiver.
A BBC article from 2004 reported that intelligence agencies routinely employ the remote-activiation method. “A mobile sitting on the desk of a politician or businessman can act as a powerful, undetectable bug,” the article said, “enabling them to be activated at a later date to pick up sounds even when the receiver is down.”
For its part, Nextel said through spokesman Travis Sowders: “We’re not aware of this investigation, and we weren’t asked to participate.”
Other mobile providers were reluctant to talk about this kind of surveillance. Verizon Wireless said only that it “works closely with law enforcement and public safety officials. When presented with legally authorized orders, we assist law enforcement in every way possible.”
A Motorola representative said that “your best source in this case would be the FBI itself.” Cingular, T-Mobile, and the CTIA trade association did not immediately respond to requests for comment.
{Recopied from Yahoo}
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Dear Black Family,
This is just the beginning. Your E-Z Pass, Driver’s licence, Debit card and GPS system can also be “activated” to spy on your whereabouts. The new TV’s, dishwashers, refrigerators and ALL digital appliances in your home can and will be equipped with microphones/ cameras to spy on you in your own home.
If you are like me and my family, discuss “private” matters outside of your home, like in your backyard, and remove the cell phone battery from your phone if certain conversations are taking place.
