Meanwhile, at my local restaurant...

GOP primary loser, and loser’s wife charged with secretly recording political rival...

NJ - Two women, including an unsuccessful candidate for Township Committee and the wife of another unsuccessful candidate, were charged Monday in what could be Readington's version of Watergate.

Jacqueline Hindle, 49, who lost in June's hotly contested Republican primary for two Township Committee seats, and Christina Albrecht, 45, the wife of the other unsuccessful candidate, Ben Smith, have been charged by the Hunterdon County Prosecutor's Office with an alleged scheme to record a private conversation between Mayor Adam Mueller and Deputy Mayor Vincent Panico at The Rail restaurant in Whitehouse Station.

According to a report from Hunterdon County Prosecutor Renee Robeson, Readington Township Police received notification July 8 that an audio recording device was found on the metal fence surrounding the patio at The Rail at Readington.

The two were charged with violating sections of the New Jersey Wiretapping and Electronic Surveillance Control Act. more

Mistress Recorded Trysts with Italian Minister on ‘Spy Glasses’

Gennaro Sangiuliano’s spurned former lover took to social media to reveal details of their affair.

Gennaro Sangiuliano, the culture minister who is married, met Maria Rosaria Boccia, a former men’s fashion retailer from Pompeii, at a political rally a year ago.

She subsequently attended ministerial meetings, gained access to the Palazzo Montecitorio, home to one of Italy’s two parliamentary houses, and accompanied Sangiuliano, 62, at official events around the country, from Taormina in Sicily to Riva Ligure in Liguria.

Boccia has accused her former lover of misusing public funds to pay for her trips, providing access to confidential information and appointing her as an adviser despite a conflict of interest.

She has supported her assertions with audio recordings of phone calls with ministerial officials, screenshots of emails and flight tickets, and photos of confidential programmes for official events.

Throughout their affair she recorded an unknown number of private conversations, using her phone and a pair of Ray-Ban Stories sunglasses, which have a built-in camera and microphone. Footage taken also shows the corridors of the Palazzo Montecitorio, where it is forbidden to film. more

His Nickname is Mikey

A New Jersey federal judge has agreed to vacate a $361,000 verdict against a law professor who a jury determined illegally wiretapped her former son-in-law and invaded his privacy. 

The court offered no reasoning for its decision. 

The law professor's former son-in-law, Andrew Burki, had argued that there was enough evidence presented at trial for jurors to determine that conversations between him and his son recorded on a secret device sewn into the boy's overalls by the law professor, Claire LaRoche, were not meant for public consumption and that he had an expectation of privacy regarding them. more

He Hid a Tape Recorder in a Pen Cup...

...and caught the sheriff in a disturbing scandal.

A small-town paper takes on the county sheriff. The sheriff told staffers that anyone who spoke to the Gazette would be fired.

It is a long, complicated, and interesting story of a small town newspaper busting political corruption. Briefly, here is one of the methods used...

Two of the three commissioners—Robert Beck and Mark Jennings, the chairman—were present, along with the board’s executive assistant, Heather Carter. As they neared the end of the listed agenda, Bruce slipped a recording device disguised as a pen into a cup holder at the center of the conference table. “Right in front of ’em,” he bragged. He left, circling the block for the next several hours as he waited for the commissioners to clear out. When they did, he went back inside, pretended to review some old paperwork, and retrieved the recording device.

That night, after Gwen went to bed, Bruce listened to the audio, which went on for three hours and thirty-seven minutes. He heard other county officials enter the room, one by one—“Like, ‘Now is your time to see the king.’ ”

Maybe he got the pen in cup idea from here. Or, maybe this is an intuitively obvious spy trick. Would it have fooled you? more

Bad Bunny - Not Your Recording - Bad Bunny

Pop superstar Bad Bunny is being sued for $40m (£33m) by his ex-girlfriend, who says he used a recording of her in two songs without permission.

Carliz De La Cruz Hernández says she recorded the catchphrase "Bad Bunny baby" on her phone in 2015, before he became famous and before they split up.

The line has appeared on the Puerto Rican singer and rapper's 2017 single Pa Ti and the 2022 song Dos Mil 16. Bad Bunny was the most-streamed artist on Spotify for the past three years. more

Green Bay City Hall Surveillance Recording

FOX 11 has obtained 90 minutes of video and audio from Green Bay City Hall’s surveillance system, which has been the subject of controversy and accusations of invasion of privacy.

...obtained the city hall surveillance recordings through an open records request...to confirm Green Bay’s use of audio surveillance at city hall...

Green Bay city administrators have said they installed microphones for safety reasons. However, some city council members and outside attorneys claim the surveillance violates state and federal laws...

In the last week, the city denied requests to disable the microphones and delete any recordings...

One party consent is the law in Wisconsin. more

Possible New Exception to the All Party Consent Wiretap Law

Maryland is currently considering Senate Bill 749, permitting a person to intercept wire, oral, or electronic communication under certain circumstances. The bill was introduced on February 6, 2023, and has been assigned to the Judicial Proceedings Committee. If passed, the bill would amend the existing law prohibiting the interception of any communication without the consent of the parties involved.

Currently, Maryland law states that any person who willfully intercepts or discloses wire, oral, or electronic communication without the consent of the parties involved is guilty of a felony and is subject to imprisonment for up to five years or a fine of up to $10,000 or both. However, Senate Bill 749 would provide an exception to this law, allowing a person to intercept communication without the consent of the parties involved if the person reasonably believes they are in imminent danger of becoming a victim of certain crimes.

The proposed amendment to the law would allow a person to intercept communication if they reasonably believe they are in imminent danger of becoming the victim of a crime of violence, stalking, abuse, or a violation of a protective order. more

Office Bugging Leak Inquiry—Given 7 Days to Submit Report

Pakistani Prime Minister Shehbaz Sharif had ordered the formation of a committee to investigate the leaking of several audio files and a review of cybersecurity at the prime minister’s office (PMO). Formally starting today, the committee will probe the public release of audio clips that took place in the PM office. 

PM Office leak inquiry committee is chaired by Rana Sanaullah, Interior Minister, the main agenda behind it is to inquire how this bugging was done and how cyber security was compromised from such a sensitive office...

Debugging practices (TSCM) are done in government offices but authorities doubt that some advanced mobile phone applications were used. For this, the formal body is going to engage intel agencies and technical experts. more

LAWS ON RECORDING CONVERSATIONS IN ALL 50 STATES

2022 Update by MATTHIESEN, WICKERT & LEHRER, S.C.

Individuals, businesses, and the government often have a need to record telephone conversations that relate to their business, customers, or business dealings. 

The U.S. Congress and most states’ legislatures have passed telephone call recording statutes and regulations that may require the person wanting to record the conversation to provide notice and obtain consent before doing so. Most states require one-party consent, which can come from the person recording if present on the call. However, some states require that all parties to a call consent to recording.

Laws governing telephone call recording are typically found within state criminal statutes and codes because most states frame call recording as eavesdropping, wiretapping, or as a type of intercepted communication. State laws may not explicitly mention telephone call recording because of these technical definitions. Accordingly, counsel may need to infer when and under what circumstances a state permits telephone call recording by reviewing prohibited actions.

The big issue when it comes to recording someone is whether the jurisdiction you are in requires that you get the consent of the person or persons being recorded... more

Recording Conversations And Phone Calls - A Quick Primer

by Gary L. Wickert

One-Party Consent

If the consent of one party is required, you can record a conversation if you’re a party to the conversation. If you’re not a party to the conversation, you can record a conversation or phone call provided one party consents to it after having full knowledge and notice that the conversation will be recorded...

All-Party Consent

Twelve (12) states require the consent of everybody involved in a conversation or phone call before the conversation can be recorded. Those states are: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington. These laws are sometimes referred to as “Two-Party” consent laws but, technically, require that all parties to a conversation must give consent before the conversation can be recorded.

Consent

What constitutes “consent” is also an issue of contention when you are considering recording a conversation. In some states, “consent” is given if the parties to the call are clearly notified that the conversation will be recorded, and they engage in the conversation anyway. Their consent is implied. For example, we have all experienced calling a customer service department only to hear a recorded voice warning, “This call may be recorded for quality assurance or training purposes.” It is usually a good practice for practitioners to let the witness know they are recording the call in order to accurately recall and commemorate the testimony being given – such as during the taking of a witness’ statement.

Exceptions

Nearly all states include an extensive list of exceptions to their consent requirements. Common exceptions found in a majority of states’ laws include recordings captured by police, court order, communication service providers, emergency services, etc... 

Interstate/Multi-State Phone Calls

Telephone calls are routinely originated in one state and participated in by residents of another state. In conference call settings, multiple states (and even countries) could be participating in a telephone call which is subject to being recorded by one or more parties to the call. This presents some rather challenging legal scenarios when trying to evaluate whether a call may legally be recorded. A call from Pennsylvania to a person in New York involves the laws of both states. Which state’s laws apply and/or whether the law of each state must be adhered to are questions parties to a call are routinely faced with...

Federal Law

In most cases, both state and federal laws may apply. State laws are enforced by your local police department and the state’s attorney office. Federal wiretapping laws are enforced by the FBI and U.S. Attorney’s office. It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given their prior consent. This means that if you are initiating a recording on a call that you are participating in, the other party does not need to be notified that the call is being recorded. It is likewise a federal crime to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping. more

More information on the laws in all 50 states regarding the recording of phone conversations found here.

Recording Calls Without Consent Still Illegal, California Supreme Court Rules

California’s prohibition on secretly recording phone calls applies to both parties on the call and not just third-party eavesdroppers, the California Supreme Court ruled Thursday.

The court’s unanimous decision reverses the Fourth Appellate District’s opposite interpretation from 2019 that the law applies only to nonparties and does not forbid those on the call from recording each other without consent.
California’s penal code Section 632.7 makes it a crime to record or intercept a phone call “without the consent of all parties.”

This was the basis for a 2016 lawsuit by Jeremiah Smith, who claimed the loan provider LoanMe Inc. recorded him without his consent during an 18-second call in violation of Section 632.7. more

Coca-Cola Trade Secret Theft Underscores Importance of Early Detection

The trial of Xiaorong You is set to begin today, April 6, in Greenville, TN. She is accused of trade secret theft and economic espionage after allegedly stealing bisphenol-A-free (BPA-free) technologies owned by several companies, including her former employers Coca-Cola and Eastman Chemical Company. 

The value placed on the development of the stolen technologies is $119.6 million. Other affected companies include Azko-Nobel, Dow Chemical, PPG, TSI, Sherwin Williams and ToyoChem.

Two actions could have stopped the theft or lessened its impact:

• Real-time alerts and processes designed to prevent sensitive and protected data from exiting the corporate environment.
• Prohibiting personal and non-authorized electronic devices, including smartphones, from proximity to trade secrets or sensitive installations. 

Using the smartphone’s camera to copy documents and workspace is a throwback technique of espionage days of old, when miniature and subminiature cameras would be used to copy documents from within restricted spaces. more 

See Murray Associates - Recording in the Workplace Recommendations

Secret Recordings & a High Stakes Divorce

UK - A judge is overseeing a private divorce court hearing featuring a member of one of Britain's most famous business families and his estranged wife.

Sir Frederick Barclay, 86, and Lady Hiroko Barclay, 78, are both expected to give evidence at the virtual trial in the Family Division of the High Court...

The nephews - all sons of his twin brother David - allegedly made over 94 hours of secret recordings as part of what his lawyers have described as 'commercial espionage on a vast scale'. more | Some of the bugging video.

Secret Recordings Reveal Sister's Sad Schadenfreude Shortcoming

 via The New York Times...

My sister revealed that she often records phone conversations that she has with our father without his knowledge. She says she does it because he is so “funny,” i.e., eccentric, but I get the impression that she is laughing more at him than with him.  I find his conversations less humorous than distressing, since he is often, at the best of times, in a state of heightened psychological dysregulation and anxiety, and the pandemic has just made things worse.  Because of my sister’s behavior, my niece has grown up thinking there’s nothing wrong or unethical with recording conversations without the other person’s knowledge or consent and has herself started to do this.

When I found out what my sister was doing, I was uneasy and told her that it was illegal to record someone without their consent. Her rapid retort was, “It’s not in New York,” where she lives, as if that made it OK. more

Can Two-Party Consent to Record be Obtained Using a False Persona?

Massachusetts' top appellate court said it will review a case over whether a recorded telephone interview between a Barstool Sports podcast host and a local city mayor runs afoul of a law prohibiting secret recordings if one party fraudulently obtains consent for taping...

Having been denied an interview with Curtatone about the mayor's comments on the issue, Minihane tried again, this time claiming to be Boston Globe columnist Kevin Cullen, according to the suit. Minihane, posing as Cullen, was granted the interview, in which he told the mayor he was recording...

Barstool and Minihane's attorney Aaron Moss of Greenberg Glusker LLP said in a statement Thursday that he is confident the SJC will reject Curtatone's arguments and uphold the lower court's ruling. 

"The Massachusetts Wiretap Act is crystal clear that it only prohibits secret recordings. If a recording isn't secret, the question of consent is irrelevant," Moss said. more

Interesting question. How would you decided?

Extortionography: Executives Recorded Bragging of Cozy Government Relationships

Top executives hoping to blast open North America's largest gold and copper mine were secretly recorded describing in detail their cozy influence over US lawmakers and regulators. 

They also revealed their intentions to go far beyond what they were saying on applications for federal permits to work near the headwaters of Bristol Bay, Alaska -- one of the last great wild salmon habitats left on Earth.

"I mean we can talk to the chief of staff of the White House any time we want, but you want to be careful with all this because it's all recorded," said Ron Thiessen, CEO of Northern Dynasty Minerals, of official communications to the White House, as he himself was recorded unknowingly. "You don't want to be seen to be trying to exercise undue influence." more

What is Extortionography? You need to know. 

Open Mike Strikes Out

As the New York Mets and Miami Marlins mulled over whether to play a game on Thursday night, a man who appeared to be Mets general manager Brodie Van Wagenen unknowingly let the public know of a plan from Major League Baseball.

Cameras were rolling on the Mets' page of the MLB app Thursday afternoon and picked up a candid conversation from someone believed to be the Mets general manager.

"Baseball is trying to come up with a solution," the man says. "You know what would be super powerful?"

The man then pauses to tell the two people he's speaking to that this doesn't leave the room, unaware that the camera is rolling. more

The World’s Smallest Voice Recorder?

Is this The World’s Smallest Voice Recorder?

(PDF version)

Specifications
TileRec by ATTO Digital 
Ultra-small: ≈1.53”x1.53”x.02” (≈39 x 39 x 5 mm)
Record modes: Voice activated or continuous.
Storage capacity: 145 hours.
Format: 128 kbps CD Quality MP3.
Playback: Download files to any computer.
Battery “on time”: Up to 24 hours.
Battery charge time: 2 hours.
Housing: Sturdy aluminum case.
Operates with one on/off switch.
Cost: $59.80 Amazon

Voice recorders keep getting smaller and smaller. 

However, If smallest means thin to you, yes there is a thinner one, the Edic-mini Tiny16+ A75…
 1 mm thinner, 12 mm less wide, but double the length. And, at $345, six times the price. They also make one card-key sized (2.7 mm thin).

 

If by smallest you mean really, really thin… You might want to consider the NAGRA Dollar Bill recorder that’s being marketed to law enforcement instead. Thirty-one times as expensive as the TileRec.

There are many slightly larger voice recorders that are still considered to be mini in size. Our search on eBay returned 1,809 results and over 2,000 on Amazon.

 

The prices on eBay ranged from $1.45 (with free shipping from China!) to $2,000. for the Edic-mini Tiny+ B76-150HQ. The Edic-mini Tiny+ being closest in size to the TileRec.

A Voice Recorder Manufacturer Speaks

Jang Sung-Churl, chief executive of electronics firm Auto Jungbo Co. Ltd., told Reuters that covert recording devices “have been selling like hotcakes” …sales of voice recorders so far this year (2019) have doubled to 80 devices per day, Jang said as he forecast sales to also double this calendar year to 1.4 billion won ($1,172,289).

Think about it. That's almost 30,000 devices sold per year... before the expected doubling of sales. And, he is only one manufacturer. An educated guess is that there are thousands of manufacturers around the world.

Accessibility + Affordability = Big Concerns.

 

Who Cares About Voice Recorder Size?

Lots of folks, for many and varied reasons…

• Sneaky people who want to eavesdrop.
• Sneaky people who want to entrap others.
• Anyone worried about covert surveillance.
• Local law enforcement detectives and Private Investigators. They might not have the budget necessary for a covert NAGRA Dollar Bill Recorder, but have the smarts to slap a TileRec between two one-dollar bills.
• Technical Surveillance Countermeasures (TSCM) Technicians whose job it is to find illegal, electronic surveillance devices.

It all boils down to these two things:
People hiding voice recorders, and… thwarting the people doing it.

 

Discovering Voice Recorders 

Since the offense has the advantage let’s concentrate on the defense.

The average covert voice recorder will either be carried by a person to record face to face conversations or it will be hidden within conversations-of-interest areas.

 

In-Person Recording Detection Tips

• Since frisking is probably out of the question, assume you are being recorded.
 Even if you could frisk, results would be iffy; these voice recorders are tiny.
• At the outset of a conversation ask the other person if they are recording you. Watch their reaction. Do they overly protest, or fake anger? 

If they say no but record anyway, the recording’s value can be challenged. They lied, so maybe they also faked, edited or doctored the recording.
• Also… Be professional. If you would not say it in a courtroom, don’t say it.

Big Red Flag – When someone tries to recreate a previous conversation with you.

 

Covert Recording Detection Tips

• Pay attention to your surroundings. Who has access and when? Voice recorders need to be retrieved: to review recordings and to recharge batteries.
• Avoid using the same area for all your sensitive conversations. Use various and unpredictable locations if possible.
• Conducting your own search for surveillance devices is futile. An experienced eavesdropper will plant one easy-to-find device. They know the search will stop at that point. The harder-to-find device and it’s back-up will still be on the job. Without proper training and instrumentation your success is unlikely.
• 

For office and home office situations an independent Technical Surveillance Countermeasures (TSCM) sweep team should be employed. Have them conduct periodic due diligence debugging inspections. In addition to searching for room audio and video surveillance devices have them check your vehicles. Vehicle inspections also include a search for GPS tracking devices.

 

TileRec Voice Recorder Detection Test

 

Testing Our Defenses

Murray Associates conducted tests to determine the effectiveness of their detection techniques on mini voice recorders. 

TileRec was difficult–but not impossible–to detect compared to other recorders tested.

During a professional TSCM inspection the technician’s physical search is aided by an instrument called a Non-Linear Junction Detector (NLJD). This instrument can detect electronic surveillance devices, including mini voice recorders, active or dormant.

A distance of 3 to 4 inches was chosen to test the NLJD detection technique. This simulates the recorder being secreted within another object. Green shows the power output. Red shows the level of detection.

With the NLJD set at 50% power output the TileRec was barely detectable. When the power was increased to 90-100%, success. Even at this higher power operator skill in using the NLJD was critical.

Conclusions

• The TileRec is (probably)
  The World’s Smallest (affordable)
  Voice Recorder (as of now).
• Size doesn’t matter. Any mini recorder can be easily secreted and threaten privacy.
• The market for mini recorders is huge. There are a lot of them out there. Some of the very good ones are very inexpensive.
• Detection is difficult, but not impossible.
• The best self-protection tactic is watching what you say and situational awareness. Critical situations require the assistance of a professional TSCM / counterespionage firm.

* * *

Kevin D. Murray CPP, CISM, CFE is a business counterespionage consultant and TSCM specialist with over four decades of experience.

Murray Associates is an independent counterespionage consulting firm, providing eavesdropping detection (TSCM) and counterespionage services to business, government and the at-risk individual.
 

Headquartered in the New York metropolitan area, a Murray Associates team can assist you quickly, anywhere in the United States, and internationally.

If you have any questions, or would like to schedule TSCM / information security audits, please let us know.

Is Your Hotel or AirBnB Spying on You?

Have you ever found a random USB charger in a hotel room and thought “How lucky, someone left their charger and now it’s mine!”?

Have you ever plugged your phone into the USB of an alarm clock and said, “I’m so glad this hotel or guest house made my life easier with this bedside technology!”?

Have you ever looked up at a smoke detector and said, “Thank god that’s there in case of a fire, I’ll be protected!”?

Well, here’s some bad news: all of those items can be, and possibly are, hidden cameras that are watching you, recording you, spying on you, and violating you. And the worst part, these disguised cameras are only sometimes illegal.

Don’t believe us? Do a simple Amazon search and prepare to be frightened by the amount of spying equipment you can get two-day shipping on. There are hidden cameras in wall outlets, clocks, picture frames, clothes hooks, pens, and so much more. more

Learn how to detect covert spy cameras.

Sir Frederick Barclay's Nephew 'Caught with Bugging Device' at Ritz Hotel

The footage is at the centre of a bitter legal row between the families of the billionaire Barclay twins.

Sir Frederick, 85, and his daughter Amanda are suing three of Sir David Barclay's sons for invasion of privacy.

They claim the surveillance gave the men commercial advantage and they sold the Ritz for half its market value.

The Barclay brothers' businesses include the Telegraph Media Group, the online retailer Very Group, the delivery business Yodel, and - at the time of the bugging - the Ritz hotel in London.

Sir Frederick, the elder twin by 10 minutes, and his daughter Amanda are suing Sir David Barclay's sons - Alistair, Aidan and Howard, Aidan's son Andrew, and Philip Peters, a board director of the Barclay group for invasion of privacy, breach of confidence and data protection laws.

The claim stems from a falling out between the children of the famously private twins...


The CCTV footage allegedly shows Alistair Barclay handling a bugging device at the Ritz hotel on 13 January this year. The recording shows Mr Barclay inserting a plug adaptor, which is claimed to contain a listening device, into a socket.

In court documents lodged by Sir Frederick and Amanda Barclay, it is claimed the bug - which was placed in the hotel's conservatory where Sir Frederick liked to conduct business meetings and smoke cigars - captured more than 1,000 separate conversations amounting to some 94 hours of recordings.

The pair claim the recordings amount to "commercial espionage on a vast scale"....

Voice Activated Wireless GSM Spy Bug SIM Mains 2 Way Adapter Plug Doubler Surveillance Adaptor

Second bug

It is also claimed a separate Wi-Fi bug was supplied by private investigation firm Quest Global. Its chairman is former Metropolitan Police commissioner Lord Stevens.

The claimants' documents say that Quest invoiced for 405 hours of listening and transcribing.

The recordings, it is alleged, captured "private, confidential, personal and Sir Frederick's privileged conversations with his lawyers, and with his daughter's trustees, bankers and businesspeople".  more

Oddly, there is no mention of the video bug which recorded the incident. It does however make the nephew eligible for our Darwin Award for capturing himself with his own bug. ~Kevin