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Dumb, de dumb, dumb…

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)

By on 14/11/2010

Sprint Excludes Chinese Companies From Contract Over Security Fears

Sprint Nextel is excluding Chinese telecommunications-equipment makers Huawei Technologies and ZTE from a contract worth billions of dollars largely because of national security concerns in Washington. The Defense Department and some U.S. lawmakers have been increasingly concerned about the two companies’ ties to the Chinese government and military, and the security implications of letting their equipment into critical U.S. infrastructure. Some officials argue China’s military could use Huawei or ZTE equipment to disrupt or intercept American communications. (more)

By on 06/11/2010

Open Season on Marital Bugging and Tapping in the United States Court of Appeals for the Fifth Circuit

A Texas court has ruled that a husband accused of monitoring his wife’s computer through a keystroke logger did not violate federal wiretapping laws. 

Larry Bagley was sued in June by his wife Rhea Bagley, who accused him of surreptitiously placing audio recording devices in their house as well as a software keystroke logger. The Bagleys are in the process of divorcing.

The complaint in this civil case says that during the divorce proceedings, the husband revealed the existence of the surveillance tech and acknowledged that the “software recorded screenshots of activity on this computer.” The husband replied in court documents that “in all conversations, the defendants’ children were present and defendant was able to consent to recordation by way of vicarious consent.”

U.S. District Judge Lee Rosenthal ruled on October 18 in favor of the husband, saying that the court was required to follow a Fifth Circuit decision saying that the federal wiretap law known as Title III does not apply to marital relationships.

Here are some excerpts from the court’s opinion:
Whether Title III provides a remedy for interspousal wiretapping within the marital home is a question that has divided the federal courts of appeal. The Fourth, Sixth, Eighth, Tenth, and Eleventh Circuits have held that such wiretapping is actionable under Title III. The Second and Fifth Circuits have held that Title III does not apply to interspousal wiretaps. (more)

P.S. The United States Court of Appeals for the Fifth Circuit includes:

By on 03/11/2010

"Crito, we owe a rooster to Asclepius. Please, don’t forget to pay the debt."

Greece is having a Patriot Act moment, drafting legislation that would break down privacy laws and significantly increase police power. But their catalyst is debt, not terrorism.

Draft legislation obtained by The Katimerini would create government agencies to regulate tax evasion, entitlement issues and use of public property. Police officers in these departments would have unprecedented power to eavesdrop on suspects’ conversations and communications and to disguise their identity in pursuit of a suspect.

This would be a major change for a country known for strict privacy laws, according to The Katimerini. (more) (sing-a-long) (Socratic drink)

By on 02/11/2010

Don’t tell Mrs. Quaid. It will just upset her.

John McTiernan, director of the movie “Die Hard,” was sentenced to one year in prison for lying about his association with a private investigator, Anthony Pellicano, to illegally wiretap a movie producer. (more)

By on 02/11/2010