Connecticut's Quirky Recording Laws - Check Your State Laws Too

Daniel Schwartz, partner at Shipman & Goodwin LLP, recently pointed out some interesting facts about Connecticut's recording laws...

If you do a search on the Internet, you’re likely to discover that Connecticut is a “two-party” state when it comes to recording telephone conversations. What does that mean? In plain English, it means that both parties to a phone conversation must consent to the recording for it to be legal. You can read the law (Conn. Gen. Stat. Sec. 52-570d) for yourself here...

For ordinary, in-person communications, Connecticut is a one-party state — meaning that only one party’s consent is needed to record a conversation. (You can find the law regarding eavesdropping at Conn. Gen. Stat. Sec. 53a-189.)

What does this mean in the workplace? It means that your employees can legally record conversations with their bosses and then try to use those communications as evidence to prove a discrimination claim or another employment-related claim.

Employers can set up reasonable rules in the workplace prohibiting the taping of conversations and tell employees that they cannot record it, but that only means that the records violate the employer’s rules, not Connecticut law.

And what this also means is that the employee cannot record a conversation between two other people; one party must always consent to the conversation. (more) 

P.S. A FREE Security White Paper - "Surreptitious Workplace Recording ...and what you can do about it," is available to Murray Associates clients. Contact me for your copy.

Steal from Apple - Patent - Then Sue Apple (Industrial Espionage?)

You decide...

Chinese phone vendor claims Apple's iPhone 6 looks too similar.

Few have probably heard about Digione, but one of the Chinese company’s latest products looks quite similar to the iPhone 6, and could potentially spark a patent dispute with Apple.

The little-known Chinese smartphone maker revealed Monday it sent a letter to Apple in September, claiming that the iPhone 6 may infringe on a company-registered patent.

The patent in question covers a mobile phone design that features an exterior look very similar to the iPhone 6’s. Digione’s subsidiary applied for the patent in January and the company was granted the patent in July, according to China’s State Intellectual Property Office.

To publicize the issue, Digione’s smartphone brand 100+ took to a social networking site Monday and posted the letter it had sent to Apple. (more)

So, what's the penality for wiretapping in Turkey? (hit the Zildjian)

Turkey - An Ankara prosecutor submitted an indictment to court on Friday regarding the illegal wiretapping activities by members of the Gülen Movement who infiltrated key government bodies in an attempt to topple the government... Prosecutor Tekin Küçük accused the former chief of the intelligence unit of the National Police Department, Ömer Altınparmak, of spying and is seeking up to 290 years in jail for the suspect. (more) (rimshot)

What is the Largest Spy Network in the Planet?

The non-state actor behind the most pervasive surveillance network in human history has managed to avoid scrutiny. Until now. Revealed: Santa the spymaster.

Here is what we know about the man identified as Santa Claus. He operates under several aliases, to include Father Christmas, St. Nicholas, and Kris Kringle. His outfit is reportedly based out of the North Pole, though reconnaissance platforms have yet to capture his base of operations. His surveillance network is peerless, invasive, and worldwide. He spearheads a single annual clandestine mission. We know he’s coming to town, and we know when, and yet he has eluded capture for two centuries. (He is also, apparently, immortal.)

Santa Claus is, in short, the single most successful spymaster in human history. And while total global surveillance by a non-state actor isn’t necessarily to be applauded, he has earned the world’s begrudging respect for his organization’s sheer competence. Despite his old and sprawling operation, Claus has thus far managed to avoid the sort of intelligence leaks that have proved catastrophic in recent years to the National Security Agency and U.S. Department of State. Indeed, his secrets are kept not only by members of his inner circle, but also a vast swath of the adult world. Accordingly, young people generally under the age of 12 are left entirely in the dark as to Claus’s intentions and temperament. (more)

Scoop - Corporate Espionage Show

FutureWatch - Showtime is developing a half-hour comedy... Titled “Professionals,” the laffer centers on two partially broken mid-level employees who become ensnared in a dangerous game of corporate espionage. The project commitment is for three scripts, written by David J. Rosen, with Marc Webb attached to direct. (more)

Cops Can't Spy on Your Yard and Home Without Warrant... sometimes

WA - A federal judge on Monday tossed evidence that was gathered by a webcam turned on for six weeks—that the authorities nailed to a utility pole 100 yards from a suspected drug dealer's rural Washington state house.

The Justice Department contended that the webcam, with pan-and-zoom capabilities that were operated from afar, was no different from a police officer's observation from the public right-of-way.

"After reviewing relevant Fourth Amendment jurisprudence and applying such to the facts here, the Court rules that the Constitution permits law enforcement officers to remotely and continuously view and record an individual’s front yard (and the activities and people thereon) through the use of a hidden video camera concealed off of the individual’s property but only upon obtaining a search warrant from a judge based on a showing of probable cause to believe criminal activity was occurring. The American people have a reasonable expectation of privacy in the activities occurring in and around the front yard of their homes particularly where the home is located in a very rural, isolated setting. This reasonable expectation of privacy prohibits the warrantless, continuous, and covert recording of Mr. Vargas’ front yard for six weeks. Mr. Vargas’ motion to suppress the evidence obtained as a result of the video feed is granted." (more)

Norway - Eavesdropping Devices Found - UPDATE

Stingray mobile phone surveillance equipment estimated to cost up to £200,000 has been found hidden near the Norwegian parliament, believed to be snooping on legislators.

Following a two week investigation, Norway's Aftenposten newspaper reported to the Norwegian National Security Authority (NSM) that it had discovered IMSI-catchers (International Mobile Subscriber Identity) of a type believed sold by Harris Corporation, located inside fake mobile phone stations near government and parliamentary buildings in Oslo. At least six devices were found, each about the size of a suitcase. Potential targets within a radius of one kilometre of the equipment include the prime minister's office, the ministry of defence, Stortinget (parliament) and the central bank, Norges Bank, ministers, state secretaries, members of parliament, state officials, the American and Israeli embassies as well as many private businesses...

Initially IMSI-catchers only collect data from the sim-card but the intrusion can escalate, as the Aftenposten report explains: The most advanced versions can register several hundred numbers in just a few minutes. Once a mobile phone has been detected by a fake base station, the IMSI-catcher can enter an active mode to eavesdrop on certain conversations. Then it will transmit the conversation to the real GSM-system acting as a ‘man-in-the-middle.

The fake base station can even register SMS-messages and install spyware enabling its operator to switch on the microphone so that the mobile phone can be used to bug rooms and meetings. (more)

Constables Gone Wild

UK - A detective constable accused of spying on unsuspecting hotel guests during a 10-month voyeurism spree appeared in court.

DC Daniel Williams, 36, is said to have watched the victims at the Jurys Inn in Milton Keynes and the The Mandolay Hotel, Guildford, Surrey between January and October this year... Williams, who has been suspended from duty, also faces separate allegations of involvement in the sex trade.

He allegedly incited girls work as prostitutes and hid the profits in socks stuffed into his chimney... Williams, who was working at Tooting police station at the time of the alleged offenses, is further charged with using the police computer to run checks on his clients. (more)

USA - A Kingston constable is facing charges of spying on two teenage girls known to him through a two-way mirror while they were camping in a recreational vehicle in Northumberland County.

Point Township (PA) police charged John C. Gould, 54, of Market Street, with six counts of invasion of privacy... Two girls ages 15 and 17 told Kingston police in early July they suspected Gould spied on them while they showered inside the RV while camping... A two-way mirror was attached to the bathroom wall permitting a one-way view of the bathroom from a bedroom, according to the complaint. A lamp without a shade was placed near the mirror to diminish visibility of the mirror, according to the complaint. (more)

Elf on the Shelf - Naughty or nice – or maybe just creepy?

Since 2005, the Elf on the Shelf has been a holiday tradition in homes. Children love seeing the little elf pop up in unexpected places. But one Canadian professor says the doll is not all fun and games — it’s teaching children to accept people spying on them.

In her paper, published in the Canadian Center for Policy Alternatives, Laura Pinto... argues that the children with an elf in their home, often cater to and try to always be on their best behavior for the doll, a fictional representation of power, instead of “engaging in and honing understandings of social relationships with peers, parents, teachers, and ‘real life’ others.”

The professor tells the Toronto Star, “If you grow up thinking it’s cool for the elves to watch me and report back to Santa, well, then it’s cool for the NSA to watch me and report back to the government.” (more)

More Fake Cell Phone Sites Discovered

A WUSA9 investigation has identified "very high suspicion" levels for cell phone spying in Washington, D.C. and in tests in the Ferguson, Mo. area.

WUSA9 recorded the suspicious activity using a device that detects unauthorized external access to a test phone connected to a standard cellular network.

The findings come as a Chinese website promises cell phone interception equipment for as little as $1,800 a unit in a spy world that was once controlled by government officials at costs near $500,000 a piece. (more)

Sony's Industrial Espionage Grand Slam

The Sony e-mail hack is too irresistible to ignore. The confiding messages trash stars like Angelina Jolie and Adam Sandler. The seven-figure salaries of studio execs, nearly all men, are underlined. Juicy remarks — all the more believable because of misspellings and bad grammar — kid about President Obama’s taste in movies. To top it off, North Korea might be behind it all.

Click to enlarge.

It’s the kind of tinsel town mess that is too good not to be true...

It was theft, a cyber break-in, that led to the disclosures. Hackers broke into the Sony Pictures Entertainment system and stole a boatload of private information: salaries, e-mails and personal data, with only a fraction trotted out so far.

It’s industrial espionage on a grand scale. Repairing Sony’s computer systems will cost tens of millions while some 30,000 Sony employees are left exposed... It’s a mugging, tech-style.

There are takeaways for the rest of us.  
• Never e-mail anything you can’t explain in public. 
• Think twice before hitting the send key. 
• Don’t assume anything remains secret after it’s typed out on screen. (more)

After 50 Years, Charlie is Finally Employed

The US military has been developing a robotic tuna that can infiltrate enemy territory.

The spy fish, which is made to look like a bluefin tuna, weighs a hundred pounds and is 5ft long.

Dubbed Project Silent Nemo, The United States Office of Naval Research is in the process of testing the tuna. The robot is controlled by remote control but can also be programmed to swim a pre-determined route.

Nemo could see active service in as little as a year’s time. (more)

Spy Cartoon - Smoke Screen Excuse for Smoke Signal Tapping

Thus, giving new meaning to watching the submarine "raceys"...

The Navy has issued a new report confirming the involvement of 12 sailors and petty officers in watching a series of secretly recorded videos 

taken over a period of ten months of fellow female shipmates undressing and showering. Only one of the men is accused of recording the videos.

"This was not 11 guys, each with different [cameras]," an anonymous source told the Navy Times. "It was really one guy doing the videography piece and then sharing it with other people." (more) (sing-a-long)

James Bond Held by Hackers - Cue Q

The producers of James Bond films have acknowledged that an early version of the screenplay for the new movie "SPECTRE" was among the material stolen in the massive cyberattack on Sony Pictures Entertainment. 

The producers said in a statement Saturday that they are concerned that third parties who received the screenplay might seek to publish it — and warned the material is subject to copyright protection around the world.

The producers promised to "take all necessary steps to protect their rights against the persons who stole the screenplay, and against anyone who makes infringing uses of it or attempts to take commercial advantage of confidential property it knows to be stolen." (more)