Why Law Firms and Businesses Need TSCM - Reason #243

UK - A former Dechert client told a London judge Tuesday that spying conducted on a BigLaw partner is a common tactic in hard-fought commercial litigation.

A lawyer for the former client, a Kazakh mining company called the Eurasian Natural Resources Corp., is asking the judge to toss claims that spying on Dechert partner Neil Gerrard and his wife constituted illegal harassment, Law360 reports.

The ENRC hired Diligence International to surveil Gerrard in the hopes of gathering information for a lawsuit against Dechert and the United Kingdom’s Serious Fraud Office. Toward that end, Diligence planted hidden cameras in a hedge outside Gerrard’s home, Gerrard has alleged.

Lawyer Tom de la Mare said the cameras weren’t supposed to be found, so their placement couldn’t constitute harassment, according to Law360. And surveillance isn’t illegal unless oppressive or unreasonable, he said.

“Let’s be blunt about it,” de la Mare said. “This type of surveillance used to be common in commercial litigation.” more

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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?

Security Director Alert – Hackers Exploiting VoIP to Compromise Business Accounts

A hacking campaign has compromised VoIP (Voice over Internet Protocol) phone systems at over 1,000 companies around the world over the past year in a campaign designed to make profit from selling compromised accounts.

While the main purpose appears to be dialing premium rate numbers owned by attackers or selling phone numbers and call plans that others can use for free, access to VoIP systems could provide cyber criminals with the ability to conduct other attacks, including listening to private calls, cryptomining, or even using compromised systems as a stepping stone towards much more intrusive campaigns...

It's recommended that organizations change default usernames and passwords on devices so they can't easily be exploited and, if possible, analyze call billings on a regular basis for potentially suspicious destinations, volumes of traffic or call patterns.

And most importantly, organizations should apply the required security patches to prevent known vulnerabilities from being exploited. more

Snitch Culture Redux, or The Hong Kong So Long

Police in Hong Kong have launched a hotline where residents can report breaches of the national security law imposed by Beijing earlier this year.

The law criminalizes secession, subversion and collusion with foreign forces. It has silenced many protesters since it came into force.

Hong Kong residents can send images, audio and video files to the hotline.

Rights groups say they are concerned the service could be used to target those with opposing political views. more

 It is worth remembering that "Citizen Snitch Surveillance" is a tactic of cultures that eventually fail. 

About one in 100 East Germans was an informer for communist East Germany's secret police in 1989, according to a new study. Political ideology was their main motivation, both in East and West Germany.

The Stasi kept detailed files on thousands of East Germans

Around 189,000 people were informers the secret police of the GDR's communist regime, when the Berlin Wall fell in 1989 -- that's according to Thuringia's state office for researching East Germany's Stasi... more

 

See the movie...

Your Weekend Movie – “A Call to Spy” Now Streaming

“A Call to Spy” is now available to watch via streaming services and in select theaters across the United States and United Kingdom...

Premiering on June 21st, 2019 -- the 75th anniversary of D-Day -- at the Edinburgh International Film Festival, the film has gone on to win numerous awards...

In the beginning of WWII, with Britain becoming desperate, Churchill orders his new spy agency—the Special Operations Executive (SOE)—to recruit and train women as spies. 

Their daunting mission: conduct sabotage and build a resistance. SOE's "spymistress," Vera Atkins (Stana Katic), recruits two unusual candidates: Virginia Hall (Sarah Megan Thomas), an ambitious American with a wooden leg, and Noor Inayat Khan (Radhika Apte), an Indian Muslim pacifist. Together, these women help to undermine the Nazi regime in France, leaving an unmistakable legacy in their wake. Inspired by true stories. more

New York’s KGB Espionage Museum Will Soon Go Up for Auction

It’s a sad fact that as the coronavirus crisis stretches on, many museums and galleries won’t be able to survive the economic crunch, and will likely be forced to sell off their collections. 

However, this also means that vast and unusual troves of items will be redistributed to the public, which is the case with an upcoming Julien’s Auctions sale of the entirety of the items within the KGB Espionage Museum in New York City. 

Set to take place on February 13, 2021 at Julien’s Auctions in Beverly Hills and online simultaneously, the auction will include the world’s largest collection of authentic KGB spy equipment dating back to the Cold War...

“The KGB Espionage Museum’s collection of Cold War era items is one of the largest and most comprehensive in the world,” Martin Nolan, the Executive Director of Julien’s Auctions, told Observer on Thursday. “We anticipate the auction will attract a wide range of collectors from museum curators to historians to James Bond fans, particularly in this election year." more

Missing Wirecard Executive Could be Austrian Spy

German authorities say a missing Wirecard manager, who vanished just as the digital payments company collapsed, may be an informer for Austria’s intelligence agency.

Austrian-born Jan Marsalek, Wirecard’s former chief operating officer, disappeared without trace in June just as it emerged the company had inflated its balance sheet by at least €3 billion.

While the worldwide hunt continues for the fugitive 40 year-old executive, German prosecutors have told Bundestag MPs there is evidence that Mr Marsalek, who was in charge of all Wirecard operational business, was a source for Austria’s BVT intelligence agency. more

The Modern Detective: How Corporate Intelligence Is Reshaping the World

Tyler Maroney has written The Modern Detective, in which he reflects on a two-decade career as a PI, detailing his pursuit of corporate fraudsters, missions to conduct due diligence for blockbuster mergers and acquisitions, and even how he helped free an innocent man from prison...

"Private detectives are brought into projects throughout the entire life cycle of a company’s existence."

Maroney seeks to demystify the job of private investigators and debunk myths ingrained from television and pulp fiction. He argues that the modern detective is a vital cog in corporate life and can be a force for good in society. more

Sir Sean Connery Has Died at the Age of 90

The Scottish actor was best known for his portrayal of James Bond, being the first to bring the role to the big screen and appearing in seven of the spy thrillers.

Sir Sean died peacefully in his sleep in the Bahamas, having been "unwell for some time", his son said. more

In Other Spy News...

Whistle-blower Edward Snowden will become a father by the end of the year and his child is eligible to be a citizen of Russia, where the U.S. citizen has been living since in 2013 after releasing details of the U.S. electronic-surveillance program. more

Florida Woman Arrested for Hacking Home Camera System

A woman from Naples, Florida has been arrested after allegedly hacking into the home camera system of a family member as part of an extortion attempt.

Agents with the Florida Department of Law Enforcement arrested Jennifer Lenell Small on October 26 and charged the 44-year-old with a third-degree felony cybercrime.

Agents say that Small accessed the home camera system of a male family member as part of an extortion attempt that involved a contested will. Her alleged victim was a former employee of her husband's construction company.

"Small gained access to the camera and stored recordings after her husband’s construction company fired the victim and he turned the cell phone back into the company," said a spokesperson for the Florida Department of Law Enforcement.

The company cell phone that the victim had returned to his employer had an app installed on it that allowed the victim to view footage from his home security camera system...

A FDLE spokesperson said: "Small sent a short video clip to the victim telling him she had hours of videos that she would use against him in court if the victim did not agree to mediation." more

Spybusters Tip #934: Wipe your devices before passing them on.

New York Times — Fighting the ‘Bugging Epidemic’

With surveillance gear cheaper and easier to use, security experts say checking your environment for cameras and microphones is not a crazy idea.

People worry that Big Brother and Big Tech are invading their privacy. But a more immediate concern may be the guy next door or a shifty co-worker. 

 A growing array of so-called smart surveillance products have made it easy to secretly live-stream or record what other people are saying or doing. Consumer spending on surveillance cameras in the United States will reach $4 billion in 2023, up from $2.1 billion in 2018, according to the technology market research firm Strategy Analytics. Unit sales of consumer surveillance devices are expected to more than double from last year.

The problem is all that gear is not necessarily being used to fight burglars or keep an eye on the dog while she’s home alone. Tiny cameras have been found in places where they shouldn’t be, like Airbnb rentals, public bathrooms and gym locker rooms. So often, in fact, that security experts warn that we are in the throes of a “bugging epidemic.”

It is not paranoid to take precautions. A lot of spy gear is detectable if you know what to look for, said Charles Patterson, president of Exec Security, a firm in Tarrytown, N.Y... more

STEVE WOZNIAK & STEVE JOBS — Blue Box up for Auction

Blue Box, 1972. An original first iteration "blue box" populated circuit board made by Steve Wozniak and marketed by Steve Jobs and Wozniak, 51 x 72 mm, with speaker wire and 9volt battery connector.

Provenance: Purchased directly from Steve Wozniak by the consignor in Autumn 1972 during a drive together from Sunnyvale to Los Angeles.

Bid estimate:
US$ 4,000 - 6,000
£ 3,100 - 4,600

While "phone phreakers" (hobbyists who were fascinated by the phone system) had used a "blue box" since the 1950s to avail themselves of free phone service, the first digital blue box was designed by Steve Wozniak in 1972. 

It was marketed and sold by Wozniak (who took the phone phreak name "Berkeley Blue"), Jobs (known as "Oaf Tobar"), and friends in Berkeley and throughout California in 1972 and 1973. 

Wozniak cites the number of boxes they produced at 40 or 50, while Jobs put the number at 100; but certainly many of those were confiscated as phone phreaking arrests increased throughout 1973 to 1975, in part due to the commercial distribution of the devices. 

These blue boxes represent the first commercial collaboration between the two Apple computer giants, and the circuit boards the first printed boards by Woz. 

Very few of the Wozniak originals have survived and even fewer of these first iteration boards as Wozniak soon changed the circuit board layout to accommodate a less expensive membrane keypad. The early models would have been made by Wozniak himself. more

Back Story: I examined the photos closely. The IC chips have manufacturing dates of 1973 & 1974, thus the provenance appeared misleading. I advised the specialist at Bonhams. To his credit, and that of the auction house, they very quickly researched it further. The auction now has an addendum which clears up the mystery...

"PCB was purchased unpopulated directly from Steve Wozniak by consignor and parts were later added by consignor. Wozniak confirmed in an email to the consignor that this was one of his boards and that Steve Jobs had it printed."
 

Scarier than Halloween - Ponder This Over the Weekend...

In an influential 2003 paper, University of Oxford philosopher Nick Bostrom laid out the possibility that our reality is a computer simulation dreamed up by a highly advanced civilization. In the paper, he argued that at least one of three propositions must be true:

1. Civilizations usually go extinct before developing the capability of creating reality simulations.
2. Advanced civilizations usually have no interest in creating reality simulations.
3. We’re almost certainly living inside a computer simulation.

Now, Columbia University astronomer David Kipping took a hard look at these propositions, also known as Bostrom’s “trilemma,” and argued that there’s essentially a 50-50 chance that we are indeed living in a simulation, Scientific American reports.

Microsoft Says Iranian Hackers Targeted Conference Attendees

Microsoft says Iranian hackers have posed as conference organizers in Germany and Saudi Arabia in an attempt to break into the email accounts of “high-profile” people with spoofed invitations. 

The targets included more than 100 prominent people invited by the hackers to the Munich Security Conference, which is attended by world leaders each February, and the upcoming Think 20 Summit, which begins later this week in Saudi Arabia but is online-only this year.

“We believe Phosphorus is engaging in these attacks for intelligence collection purposes,” said Tom Burt, Microsoft’s security chief, in a prepared statement. “The attacks were successful in compromising several victims, including former ambassadors and other senior policy experts who help shape global agendas and foreign policies in their respective countries.” more