A Chicago mother turned on her baby monitor and saw images of astronauts from the shuttle Atlantis and mission control. (more)
Thursday, June 14, 2007
Zimbabwe Passes Bugging Law
Zimbabwe's MPs have passed a law to allow the government to monitor e-mails, telephone calls, the internet and postal communications.
Opposition MP David Coltart called it a "fascist piece of legislation" aimed at cracking down on political dissent.
But Communications Minister Christopher Mushowe defended it, saying it was similar to anti-terror laws elsewhere such as in the UK, US and South Africa. "These are countries which are regarded as the beacons of democracy," he said.
The Interception of Communications Bill now passes to the Senate, where it is expected to face little opposition, Reuters news agency reports.
President Robert Mugabe's government already faces criticism for laws that curtail free speech and movement. (more)
Opposition MP David Coltart called it a "fascist piece of legislation" aimed at cracking down on political dissent.
But Communications Minister Christopher Mushowe defended it, saying it was similar to anti-terror laws elsewhere such as in the UK, US and South Africa. "These are countries which are regarded as the beacons of democracy," he said.
The Interception of Communications Bill now passes to the Senate, where it is expected to face little opposition, Reuters news agency reports.
President Robert Mugabe's government already faces criticism for laws that curtail free speech and movement. (more)
“If the President does it, that means it is not illegal.”
from: Why Nixon and Watergate Still Matter: An Interview with James Reston, Jr."With the thirty-fifth anniversary of the Watergate break-in coming up this Sunday, one of the hottest tickets on Broadway is Richard M. Nixon. Played by Frank Langella (who just won a Tony Award for his performance), Nixon cunningly spars with Michael Sheen’s David Frost in a live re-creation of the famed television interviews that the British TV personality held with the ex-President in 1977.
The interviews were a landmark in the history of both American politics and television, and they attracted some 50 million viewers. The play, Frost/Nixon (which next year will be a motion picture from Ron Howard), was developed from James Reston, Jr.’s The Conviction of Richard Nixon: The Untold Story of the Frost/Nixon Interviews (Harmony, 208 pages, $22), just out this month.
From his home near Washington, D.C., James Reston answered questions about his involvement with the interviews and how they came about..." (more) (Why is this man really laughing?)
Wednesday, June 13, 2007
Covert Video - Legal Considerations
Questions about the legalities of installing covert video CCTV cameras arise often. The safe answer is, "Contact your attorney."
The expedient and practical answer is…
"Avoid legal problems in the first place."
- Research the latest laws.
- Follow these guidelines.
- Combine all this with common sense.
- And, err on the conservative side.
• Title III, the federal law regarding interception of wire and oral communications, does not address the covert video surveillance issue. Courts, however, do have the authority to make rules about video surveillance. Past decisions are important guideposts to follow.
• Congress has made several attempts over the past few years to regulate video surveillance. It is likely that a video surveillance bill will be passed – in some form – in the near future. Remember, what is legal today may not be legal tomorrow.
• Some states have laws regarding video surveillance. Keep up to date on all the current laws, federal and state. The books Wiretapping and Eavesdropping, by Clifford S. Fishman and/or The Law of Electronic Surveillance, by James G. Carr are good references. Available from Thompson West Publishing at 800-344-5008.
General Guidelines…
• Covert video surveillance is generally considered illegal when…
- the subject has a reasonable expectation of privacy (Fourth Amendment rights);
- it involves sexual activity (even with one-party consent);
- if audio eavesdropping is also taking place without consent,
(one-party, or all-parties depending upon state law);
- prohibited by a state or local law.
• Covert video surveillance may be illegal when…
- the person with authority over the premises has not consented;
- the reason for the video surveillance fosters an illegal purpose;
- if under Sixth Amendment the subject has the right to counsel;
• Covert video surveillance should be avoided when…
- a less intrusive, legal investigative method is equally available;
- when you feel uncertain about the installation legality or ethics.
• The days show-of-force fake CCTV cameras are over.
- Visible CCTV cameras are now perceived by the public as a safety item. If you display a camera, the public will have the expectation that you have provided an extra measure of security. The cost of cameras has dropped dramatically - eliminating the rational for fake cameras.
The expedient and practical answer is…
"Avoid legal problems in the first place."
- Research the latest laws.
- Follow these guidelines.
- Combine all this with common sense.
- And, err on the conservative side.
• Title III, the federal law regarding interception of wire and oral communications, does not address the covert video surveillance issue. Courts, however, do have the authority to make rules about video surveillance. Past decisions are important guideposts to follow.
• Congress has made several attempts over the past few years to regulate video surveillance. It is likely that a video surveillance bill will be passed – in some form – in the near future. Remember, what is legal today may not be legal tomorrow.
• Some states have laws regarding video surveillance. Keep up to date on all the current laws, federal and state. The books Wiretapping and Eavesdropping, by Clifford S. Fishman and/or The Law of Electronic Surveillance, by James G. Carr are good references. Available from Thompson West Publishing at 800-344-5008.
General Guidelines…
• Covert video surveillance is generally considered illegal when…
- the subject has a reasonable expectation of privacy (Fourth Amendment rights);
- it involves sexual activity (even with one-party consent);
- if audio eavesdropping is also taking place without consent,
(one-party, or all-parties depending upon state law);
- prohibited by a state or local law.
• Covert video surveillance may be illegal when…
- the person with authority over the premises has not consented;
- the reason for the video surveillance fosters an illegal purpose;
- if under Sixth Amendment the subject has the right to counsel;
• Covert video surveillance should be avoided when…
- a less intrusive, legal investigative method is equally available;
- when you feel uncertain about the installation legality or ethics.
• The days show-of-force fake CCTV cameras are over.
- Visible CCTV cameras are now perceived by the public as a safety item. If you display a camera, the public will have the expectation that you have provided an extra measure of security. The cost of cameras has dropped dramatically - eliminating the rational for fake cameras.
Monday, June 11, 2007
Video Recording Police Leads to Felony Charge
PA - Brian D. Kelly didn't think he was doing anything illegal when he used his video camera to record a Carlisle police officer during a traffic stop. Making movies is one of his hobbies, he said, and the stop was just another interesting event to film.
Now he's worried about going to prison or being burdened with a criminal record.
Kelly, 18, of Carlisle, was arrested on a felony wiretapping charge, with a penalty of up to 7 years in state prison. (more)
UPDATE!!!
Saying Pennsylvania's Wiretap Act is "not the most clear statute we have on the books," Cumberland County District Attorney David Freed said this morning he plans to bring the issue up at the next conference of the Pennsylvania District Attorney's Association in the hope of getting the law clarified.
Meanwhile, Freed withdrew wiretapping charges today filed against a Carlisle man who videotaped a Carlisle borough police officer during a May 24 traffic stop.
And he announced a policy for future cases of recording during traffic stops: "When police are audio- and video-recording traffic stops with notice to the subjects, similar actions by citizens, even if done in secret, will not result in criminal charges."
That decision will be communicated to all police agencies within the county, Freed said.
Now he's worried about going to prison or being burdened with a criminal record.
Kelly, 18, of Carlisle, was arrested on a felony wiretapping charge, with a penalty of up to 7 years in state prison. (more)
UPDATE!!!
Saying Pennsylvania's Wiretap Act is "not the most clear statute we have on the books," Cumberland County District Attorney David Freed said this morning he plans to bring the issue up at the next conference of the Pennsylvania District Attorney's Association in the hope of getting the law clarified.
Meanwhile, Freed withdrew wiretapping charges today filed against a Carlisle man who videotaped a Carlisle borough police officer during a May 24 traffic stop.
And he announced a policy for future cases of recording during traffic stops: "When police are audio- and video-recording traffic stops with notice to the subjects, similar actions by citizens, even if done in secret, will not result in criminal charges."
That decision will be communicated to all police agencies within the county, Freed said.
Golf Bugging Scandal - symptom of low TV standards
The fact that a director of the TBS program "Pin Pon," asked a golfer grouped with high school golf sensation Ryo Ishikawa, the youngest-ever winner of a professional tournament, to carry a small microphone to pick up Ishikawa's comments while playing has sparked a public outcry. ... A senior TBS employee said Akira Fukuzawa, a TBS newscaster who tearfully apologized for the incident in "Pin Pon" on Wednesday, was too emotional. (more)
Ex accuses officer of computer spying
IN - A Kendallville police officer faces felony charges for spying on an ex-girlfriend through her computer, even while on duty, Noble County authorities said Friday.
Joseph E. Pegan, 33, of the 800 block of Eunice Ave., Kendallville, faces two felony counts of computer tampering and two misdemeanor counts of computer trespass.
According to the affidavit...
- Pegan admitted to using software to track former girlfriends...
- Some of the software Pegan used allowed him to record the ex-girlfriends’ keystrokes; to monitor online chats and e-mails...
- The investigation also turned up an invoice sent to Pegan’s work e-mail address from the spyware seller...
- Pegan admitted to accessing his ex-girlfriend’s e-mail account and deleting or blocking some e-mail addresses...
- He got the woman to install the monitoring software on her computer by sending it from the e-mail address similar to her friend’s as an attachment labeled “for our soldiers.exe" ... (more)
Joseph E. Pegan, 33, of the 800 block of Eunice Ave., Kendallville, faces two felony counts of computer tampering and two misdemeanor counts of computer trespass.
According to the affidavit...
- Pegan admitted to using software to track former girlfriends...
- Some of the software Pegan used allowed him to record the ex-girlfriends’ keystrokes; to monitor online chats and e-mails...
- The investigation also turned up an invoice sent to Pegan’s work e-mail address from the spyware seller...
- Pegan admitted to accessing his ex-girlfriend’s e-mail account and deleting or blocking some e-mail addresses...
- He got the woman to install the monitoring software on her computer by sending it from the e-mail address similar to her friend’s as an attachment labeled “for our soldiers.exe" ... (more)
Quote of the Day
He added that aliens could now be eavesdropping on us. "As from 1927, we have been propagating outwards from Earth, a very specific indicator of our existence." ~ Dr. Michael Perryman, formerly of the European Space Agency (more)Quick, play "Indian Love Call."
Federal Electronic Communications Privacy Act
An excellent summary by Russell Mickler, technology consultant.
"Many SMB (small to mid-range businesses) are not aware of the Federal Electronic Communications Privacy Act ("ECPA"). ECPA addresses the interception and monitoring of electronic communications: telephone conversations, voice mail, email, instant messaging chats, and other online interactions fall into ECPA's perview.
Violations of ECPA are punishable by fines or imprisonment for up to five years; any persons harmed by an ECPA violation are permitted to file for equitable relief covering damages and attorney fees of up to $10,000.
Since many SMB's monitor and intercept the electronic communications of their employees, understanding ECPA business use exceptions can reduce the risk of legal exposure to ECPA claims filed by employees.
ECPA extends federal protection over employee communication in the workplace but this protection is limited. Presumably, employers would want to monitor electronic communications to guarantee quality control and to protect intellectual property, investigate incidents of wrong-doing, and so on, and ECPA provides "business use exceptions" to allow the employer to do these things.
A couple of rules as it relates to intercepting transmissions and monitoring employees in the workplace:
One-Party Consent. Interception and monitoring are allowed if either the sender or recipient consents before it occurs.
Ordinary Course. Business use exceptions under ECPA dictate that interception or monitoring be conducted within the regular course of employer's business and the subject matter be one in which the employer has a vested interest. Employers should be aware that, if a voice conversation turns personal, the employer may lose its exemption because it is no longer authorized to monitor such conversations.
Equipment Restriction. Employers can monitor and tap only the equipment that they own and which is used in the employer's regular course of business.
Email. Employers have the right to monitor and access email communications of employees stored on their assets (client workstations and servers). This is tricky because employers do not have the right to monitor or access email hosted by a 3rd party (like AOL or MSN), even though such communication might transverse the company's network.
Suggestions for the SMB to remain in ECPA compliance revolve around the creation of good Administrative Controls (policies) to govern employee expectations. Example:
1. Employees should be offered some form of notification is required either through a statement, a written policy signed at the time of employment, or a recording over the phone system.
2. Employers should present a policy to prohibit personal use of communications assets (phones, cell phones, computers, private email systems, and instant messaging) which would set acceptable use practices to restrict employee's use to strictly business communications.
3. An acceptable use policy that prohibits the use of personal communications and storage equipment - MP3 players, digital cameras or recorders, cell phones, thumb-drives - to conduct company business.
4. A privacy policy should be crafted to identify the personal private information (PPI) collected on employees that defines how that PPI is used and maintained." (more)
"Many SMB (small to mid-range businesses) are not aware of the Federal Electronic Communications Privacy Act ("ECPA"). ECPA addresses the interception and monitoring of electronic communications: telephone conversations, voice mail, email, instant messaging chats, and other online interactions fall into ECPA's perview.
Violations of ECPA are punishable by fines or imprisonment for up to five years; any persons harmed by an ECPA violation are permitted to file for equitable relief covering damages and attorney fees of up to $10,000.
Since many SMB's monitor and intercept the electronic communications of their employees, understanding ECPA business use exceptions can reduce the risk of legal exposure to ECPA claims filed by employees.
ECPA extends federal protection over employee communication in the workplace but this protection is limited. Presumably, employers would want to monitor electronic communications to guarantee quality control and to protect intellectual property, investigate incidents of wrong-doing, and so on, and ECPA provides "business use exceptions" to allow the employer to do these things.
A couple of rules as it relates to intercepting transmissions and monitoring employees in the workplace:
One-Party Consent. Interception and monitoring are allowed if either the sender or recipient consents before it occurs.
Ordinary Course. Business use exceptions under ECPA dictate that interception or monitoring be conducted within the regular course of employer's business and the subject matter be one in which the employer has a vested interest. Employers should be aware that, if a voice conversation turns personal, the employer may lose its exemption because it is no longer authorized to monitor such conversations.
Equipment Restriction. Employers can monitor and tap only the equipment that they own and which is used in the employer's regular course of business.
Email. Employers have the right to monitor and access email communications of employees stored on their assets (client workstations and servers). This is tricky because employers do not have the right to monitor or access email hosted by a 3rd party (like AOL or MSN), even though such communication might transverse the company's network.
Suggestions for the SMB to remain in ECPA compliance revolve around the creation of good Administrative Controls (policies) to govern employee expectations. Example:
1. Employees should be offered some form of notification is required either through a statement, a written policy signed at the time of employment, or a recording over the phone system.
2. Employers should present a policy to prohibit personal use of communications assets (phones, cell phones, computers, private email systems, and instant messaging) which would set acceptable use practices to restrict employee's use to strictly business communications.
3. An acceptable use policy that prohibits the use of personal communications and storage equipment - MP3 players, digital cameras or recorders, cell phones, thumb-drives - to conduct company business.
4. A privacy policy should be crafted to identify the personal private information (PPI) collected on employees that defines how that PPI is used and maintained." (more)
Wiretap Ban in Britian May End
London - The government will consider whether to lift a ban on the use of tapped telephone calls as evidence in court, a move that would bring it into line with Western partners but could pose challenges for its security services.
Britain currently does not allow wiretap evidence to be presented to a jury, even though it does admit material gathered by the police and security services through other forms of surveillance, such as bugging a suspect's home or car. (more)
Britain currently does not allow wiretap evidence to be presented to a jury, even though it does admit material gathered by the police and security services through other forms of surveillance, such as bugging a suspect's home or car. (more)
Sunday, June 10, 2007
Radio - "The times they are a-changin'...'"
"There's a battle outside
And it is ragin'.
It'll soon shake your windows
And rattle your walls
For the times they are a-changin'." ~ B. Dylan
Circuit City puts it succinctly...
"HD Radio (Hybrid Digital, not High Definition) is the most significant advancement in radio broadcasting since the introduction of FM stereo more than 50 years ago. The new technology allows AM and FM radio stations to broadcast their programs digitally—a tremendous leap from the analog broadcasts of the past.
The technology behind HD Radio allows stations to broadcast higher-quality versions of their normal programming, as well as alternate formats not available on regular radio. And like traditional analog radio, HD Radio is completely free, with no subscription fees." (more) (find stations in your area)
And it is ragin'.
It'll soon shake your windows
And rattle your walls
For the times they are a-changin'." ~ B. Dylan
Circuit City puts it succinctly...
"HD Radio (Hybrid Digital, not High Definition) is the most significant advancement in radio broadcasting since the introduction of FM stereo more than 50 years ago. The new technology allows AM and FM radio stations to broadcast their programs digitally—a tremendous leap from the analog broadcasts of the past.
The technology behind HD Radio allows stations to broadcast higher-quality versions of their normal programming, as well as alternate formats not available on regular radio. And like traditional analog radio, HD Radio is completely free, with no subscription fees." (more) (find stations in your area)
Friday, June 8, 2007
Teckies Mourn this Week
Pamela Low, who was credited with developing the flavored coating for Cap'n Crunch cereal, has died. ... She drew upon a recipe that her grandmother, Luella Low, used to serve at home in Derry. "She used to serve rice with a butter-and-brown sugar sauce that she made. She'd serve it over the rice on Sundays." (more)
Edward Traisman, an innovative U.S. food scientist, researcher and inventor, has died of heart disease at age 91. Traisman, who lived in Monona, Wis., the Wisconsin State Journal said. Over his long career, he was part of a Kraft Foods team that created Cheez Whiz. (more)
Thursday, June 7, 2007
SpyCam Story #360
A former Naval Academy doctor has been charged with conduct unbecoming an officer and violating state and federal laws related to wiretapping and destruction of evidence after Navy prosecutors said he secretly videotaped several midshipmen having sex at his house.
But Bill Ferris, a civilian lawyer representing Cmdr. Kevin Ronan, said the charges stem from an extortion attempt by a disgruntled former midshipman who had moved in with his client after he was dismissed from the academy. (more)
(update 11/9/07)
A Navy physician was sentenced Friday to nearly four years in the brig after a military jury found that he had secretly recorded Naval Academy midshipmen having sex in his Annapolis home.
The jury also dismissed Cmdr. Kevin J. Ronan from the Navy and stripped him of his government pension.
The 10-day general court-martial at the Washington Navy Yard concluded with Ronan, who turns 42 today, being escorted in handcuffs through a cold rain into a van. He declined to talk to reporters. (more)
But Bill Ferris, a civilian lawyer representing Cmdr. Kevin Ronan, said the charges stem from an extortion attempt by a disgruntled former midshipman who had moved in with his client after he was dismissed from the academy. (more)
(update 11/9/07)
A Navy physician was sentenced Friday to nearly four years in the brig after a military jury found that he had secretly recorded Naval Academy midshipmen having sex in his Annapolis home.
The jury also dismissed Cmdr. Kevin J. Ronan from the Navy and stripped him of his government pension.
The 10-day general court-martial at the Washington Navy Yard concluded with Ronan, who turns 42 today, being escorted in handcuffs through a cold rain into a van. He declined to talk to reporters. (more)
The Family that Spies Together, Stays Together
Three family members of a Chinese-American engineer convicted last month of spying for China have agreed to plead guilty to charges stemming from an investigation into the transfer of submarine technology.
A jury found Chi Mak guilty of conspiring to violate export laws, operating as a Chinese agent in America, and lying to the FBI. Mak's brother and sister in law, Tai Wang Mak and Fuk Li, and their son, Billy Mak, were set to go on trial today in Santa Ana, Calif. (more)
A jury found Chi Mak guilty of conspiring to violate export laws, operating as a Chinese agent in America, and lying to the FBI. Mak's brother and sister in law, Tai Wang Mak and Fuk Li, and their son, Billy Mak, were set to go on trial today in Santa Ana, Calif. (more)
Tuesday, June 5, 2007
More eavesdropping stories out of Michigan...
MI - A Flushing Junior High School teacher suspended this week for planting a listening device in another teacher's classroom risks losing her job and her freedom.
Police allege that a listening device intended to pick up conversations was discovered May 18 taped to the back of a desk.
Investigators believe a teacher planted it there to overhear discussions between her daughter and another teacher. There had been allegations of problems involving the daughter and class disruptions, police said.
...
In recent years, several people have been prosecuted in Genesee County for eavesdropping, usually for secretly photographing or taping people in bathrooms, bedrooms or other private places.
...
A self-described Flint youth pastor was convicted this year of installing an eavesdropping system after an elaborate spy camera system was found in his bedroom.
...
A man hired to paint a Fenton Township tanning salon was placed on probation for two years and given six months in jail for eavesdropping after he pleaded no contest to eavesdropping amid allegations he secretly taped about a dozen women, including a 15-year-old girl.
...
Fears that someone is listening have even extended to township government. In 1996, Argentine Township spent $350 to make sure no bugs had been planted in the township hall, fire hall or police department. Everything down to the electrical outlets were swept, but no listening devices were found. (more)
$350.00? No devices found? I would love to know the rest of this story.
Police allege that a listening device intended to pick up conversations was discovered May 18 taped to the back of a desk.
Investigators believe a teacher planted it there to overhear discussions between her daughter and another teacher. There had been allegations of problems involving the daughter and class disruptions, police said.
...
In recent years, several people have been prosecuted in Genesee County for eavesdropping, usually for secretly photographing or taping people in bathrooms, bedrooms or other private places.
...
A self-described Flint youth pastor was convicted this year of installing an eavesdropping system after an elaborate spy camera system was found in his bedroom.
...
A man hired to paint a Fenton Township tanning salon was placed on probation for two years and given six months in jail for eavesdropping after he pleaded no contest to eavesdropping amid allegations he secretly taped about a dozen women, including a 15-year-old girl.
...
Fears that someone is listening have even extended to township government. In 1996, Argentine Township spent $350 to make sure no bugs had been planted in the township hall, fire hall or police department. Everything down to the electrical outlets were swept, but no listening devices were found. (more)
$350.00? No devices found? I would love to know the rest of this story.
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