FBI using cell phone microphones to eavesdrop
By Eric Bangeman Published: December 03, 2006 - 11:15PM CT
Cell phones are capable of providing more information about us and our whereabouts than we usually realize. We familiar with the ability of cell phones to be used to track users' locations, but now the FBI has begun using them for eavesdropping—even when they are turned off.
The FBI's activities came to light in the course of the prosecution of two alleged members of the Genovese crime family. John Ardito and Peter Peluso had their Sprint Nextel phones tapped by the FBI in the course of their investigations, which itself is not unusual. The government went a step further in their case: not only were their phone calls recordded, but so were all conversations carried out in the presence of the defendants' cell phones.
US District Judge Lewis Kaplan ruled last week that such "roving bugs" were legal under US wiretap laws. Investigators had asked for judicial approval for a roving bug during their investigation because the meetings allegedly conducted by the defendants took place in 12 different restaurants, in automobiles, on a boat, and a number of other places. Given the degree of difficulty involved in bugging the numerous locations, another federal judge overseeing the case approved the roving bug.
In his memorandum opinion, Judge Kaplan described the roving bug as a "listening device" installed in the defendants' cellular phones that functioned regardless of whether the phone was powered on. Many models of cellular phones, however, can have their microphones remotely activated via a download—even without the knowledge of the owners. That could be what happened with Ardito and Peluso's cell phones. It is also possible that the FBI installed a bug directly on the phones.
We have known for some time that anyone carrying a powered-on cell phone can have their physical location easily tracked. Last year, a federal judge ruled that the government could use that ability to track US residents with minimal judicial oversight. Now we are reminded that carrying a cell phone enables the government—and others—to listen to your conversations, even when you're not using your phone.
Source: http://arstechnica.com/news.ars/post/20061203-8343.html