ELECTRONIC EAVESDROPPING AND WIRETAPPING:
How 20th Century Technology Can Cause 21st Century Headaches for You and Your Client
by John H. Case, Gilbert B. Feibleman and Mark Gruber
“In a day and age where everyone can go to Radio Shack and purchase their own miniaturized microphone, recording device and spy camera it has become abundantly clear that every spouse is a potential James Bond. It is not uncommon to be asked by your client: “Can I record secretly conversations with my spouse?” Unfortunately it is more common that the family law practitioner is merely told about recordings long after they have been made or even after they have been republished. As a result, learning the answer to the question is only part of the lawyer’s job. Learning how to advise your clients and how to extricate your client from a potentially criminal quagmire is equally important – the answer is not as simple as the question.” (more)
According to MWR InfoSecurity, at least two mobile phones that are being sold around the world are capable of being turned into Mobile bugging devices. The company says that most mobile phones are open to immediate cyber attack and network providers are doing little to help.
Recently MWR InfoSecurity alerted users worldwide that the Palm Pre mobile phone could be used as a bugging device without the user’s knowledge, and that phones using the Google Android system could be easily interrogated for passwords. They have now discovered that a HTC phone can be also be compromised and used as a remote bugging device. (more)
PA – A member of a private Poconos homeowners association board has been charged with wiretapping for allegedly using his cellphone to record a board meeting that included a speaker-phone call with a lawyer.
Joseph O’Lall, 39, of 7030 Whitetail Lane, Long Pond, recorded the April 13, 2010, Emerald Lakes Association board meeting without the knowledge of the board members or the lawyer, and then played back the recording for others, Pocono Mountain Regional police said this week.
O’Lall was charged with intercepting, using and disclosing wire, electronic and oral communications, and with criminal use of a communication facility, which was his cellphone. (
more)
CA – The former chief executive of the Sacramento area’s largest independent real estate firm was arrested early Wednesday morning for secretly recording guests in his homes, says Sacramento County District Attorney Jan Scully… Investigators interviewed the three women, identified as Jane Doe #1, Jane Doe #2, and Jane Doe #3, who said they did not know or consent to the videotaping
Lyon, 54, was arrested by sheriff’s deputies at his home in Carmichael and was booked into Sacramento County Jail. Jail records show Lyon was arrested on four felony counts of electronic eavesdropping on separate occasions, with bail set at $60,000.
After posting bail, the former CEO of Lyon Real Estate told reporters the charges are “all allegations.”
“I am intent on clearing my good name.” (
more)
Pacific Gas & Electric announced that it placed an executive on paid suspension while it investigates his admitted efforts to surreptitiously infiltrate a community of activists. William Devereaux, senior director of PG&E’s SmartMeter program, admitted to multiple news outlets that he used a fake name Thursday in an effort to join an online discussion group of SmartMeter opponents. (
more)