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Author Topic: Cops using portable devices to extract data from cellphones during routine stops  (Read 6921 times)
charrington
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« on: April 16, 2011, 11:02:19 PM »

ACLU Seeks Records about State Police Searches of Cellphones
FOR IMMEDIATE RELEASE:
April 13, 2011

   

DETROIT – The American Civil Liberties Union of Michigan urged the Michigan State Police (MSP) today to release information regarding the use of portable devices which can be used to secretly extract personal information from cell phones during routine stops.

For nearly three years, the ACLU has repeatedly asked for this information through dozens of Freedom of Information Act requests, but to date it has not been provided.

Read our letter to the Michigan State Police.

“Transparency and government accountability are the bedrocks of our democracy,” said Mark P. Fancher, ACLU of Michigan Racial Justice Project staff attorney. “Through these many requests for information we have tried to establish whether these devices are being used legally. It’s telling that Michigan State Police would rather play this stalling game than respect the public’s right to know.”

Several years ago, MSP acquired portable devices that have the potential to quickly download data from cell phones without the owner of the cellphone knowing.

The ACLU of Michigan expressed concern about the possible constitutional implications of using these devices to conduct suspicionless searches without consent or a search warrant.

In August 2008, the ACLU of Michigan filed its first FOIA request to acquire records, reports and logs of actual use.

Documents provided in response confirmed the existence of these devices, but MSP claimed that the cost of retrieving and assembling the documents that disclose how five of the devices are being used is $544,680. The ACLU was then asked to pay a $272,340 deposit before the organization could receive a single document.

In order to reduce the cost, the ACLU of Michigan narrowed the scope of its request. However, each time the ACLU submitted more narrow requests, MSP claimed that no documents exist for that time period and then it refused to reveal when the devices were used so a proper request could be made.

“We should not have to go on expensive fishing expeditions in order to discover whether police are violating the rights of residents they have resolved to protect and serve,” said Fancher.

According to CelleBrite, the manufacturer of at least some of the devices acquired by MSP, the product can extract a wide variety of data from cellphones including contacts, text messages, deleted text messages, call history, pictures, audio and video recordings, phone details including the phone number and complete memory file dumps on some handsets.

In its three-page letter, the ACLU of Michigan explained that the use of such devices may violate Fourth Amendment protections against unreasonable searches if a warrant is not issued. In addition, the organization would like to determine if MSP is disproportionally downloading the personal information of people of color.

Recently, the national ACLU took on a similar issue challenging a federal policy of searching, copying and detaining...

MORE
http://www.aclumich.org/issues/privacy-and-technology/2011-04/1542
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« Reply #1 on: April 17, 2011, 12:11:01 AM »

Thats just friggin great... so when the cops light their lights up behind you be sure to extract the battery from your phone with a quickness.

Too bad iPhone users are SOL on that one.
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« Reply #2 on: April 17, 2011, 02:12:10 AM »

In other news, identity theft is on the rise..
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« Reply #3 on: April 17, 2011, 03:27:59 AM »

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As the leading mobile forensic solution available, law enforcement agencies worldwide rely on UFED to assist them in solving and prosecuting crime.

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Kilika
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« Reply #4 on: April 17, 2011, 07:11:53 AM »

It's right there, right out in the open and people still don't get what's going on. Seriously, what's smart about a "smartphone"? Now I know why WIFI has been pushed so hard, which I noticed was increasing several years ago, and now it comes full circle. It was cellphones all along. Laptops was just part of the scaling-down process.
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« Reply #5 on: April 17, 2011, 07:15:03 AM »

If you dont have a cell phone, you dont have a problem.  Smiley
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« Reply #6 on: April 17, 2011, 08:11:39 AM »

If you have a cell phone don't put any "vital" info on it.   With  my situation I do have one and I only use it as a PHONE imagine that.  If they scan that, all they will find is phone numbers and they already have them.
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« Reply #7 on: April 17, 2011, 09:03:49 AM »

Must be way different from the cellbrite I have on the retail sales end of the spectrum.  I work for a mobile phone provider and work with a cellbrite everyday.  Unless you can physically connect the phone to the device or enter a code for bluetooth and have bluetooth turned on ect you can't interface.

Actually makes me wonder if the are just asking people for their phones and then just hooking it to the machine...
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« Reply #8 on: April 17, 2011, 09:05:03 PM »

Im sure the police versions can bypass the permission codes
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charrington
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« Reply #9 on: April 17, 2011, 10:20:55 PM »

If you dont have a cell phone, you dont have a problem.  Smiley
You neither Dok? I haven't had one in over a year now.
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« Reply #10 on: April 18, 2011, 03:57:56 AM »

If you have a cell phone don't put any "vital" info on it.   With  my situation I do have one and I only use it as a PHONE imagine that.  If they scan that, all they will find is phone numbers and they already have them.

I bet your phone has GPS, and if it doesn't the next new phone you get will.

The tapping of data on a phone isn't the primary issue. It's the fact that cellphones are both trackable and accessable by people other than the owner of the cell and the cellphone company.

More and more new phones are being made with GPS, they claim for emergency 911 reasons, and that technology cannot be turned off by the phone owner.
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« Reply #11 on: April 18, 2011, 09:30:20 AM »

i bet that crap wouldnt work on my chinese iphone knock-off Smiley
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« Reply #12 on: April 18, 2011, 10:07:48 AM »

Must be way different from the cellbrite I have on the retail sales end of the spectrum.  I work for a mobile phone provider and work with a cellbrite everyday.  Unless you can physically connect the phone to the device or enter a code for bluetooth and have bluetooth turned on ect you can't interface.

Actually makes me wonder if the are just asking people for their phones and then just hooking it to the machine...

Does keeping the phone locked, having Bluetooth and Internet Sharing off help reduce the risk of snooping? I mean is there an Administrative direct-connect root access that cannot be locked out?
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« Reply #13 on: April 18, 2011, 10:10:30 AM »

i bet that crap wouldnt work on my chinese iphone knock-off Smiley


I wouldn't count on that, since they are all jail-broken.
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« Reply #14 on: April 18, 2011, 01:55:43 PM »

Does keeping the phone locked, having Bluetooth and Internet Sharing off help reduce the risk of snooping? I mean is there an Administrative direct-connect root access that cannot be locked out?

Keep in mind that the carrier updates the phone software all the time, wirelessly, so that to me means if their signal can get in to the base software, then others can wirelessly. Most bugs get into software via an existing access point by hiding in the crowd of normal data. I suspect there's no way to lock it up as the carrier demands access to your phone, for "updates" of course. The mini faraday cage idea can work, but as soon as it's out of the cage, fair game for wireless signals.

Where they are really getting people is with the e911 system. In order for that system to work, your phone must have GPS, so new phones coming out have GPS, and most if not all the GPS cannot be turned off. They insist on a way to locate your phone whether you the customer like it or not. But the sales pitch puts pressure on the customer to accept such "life-saving features" such as GPS and enhanced 911 services, "in case your children get kidnapped or something". Whatever. Roll Eyes

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« Reply #15 on: April 18, 2011, 04:27:38 PM »

If you have a cell phone don't put any "vital" info on it.   With  my situation I do have one and I only use it as a PHONE imagine that.  If they scan that, all they will find is phone numbers and they already have them.
           Me too, just phone numbers..And a yes, they allready have them......
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« Reply #16 on: April 19, 2011, 08:33:28 AM »

Does keeping the phone locked, having Bluetooth and Internet Sharing off help reduce the risk of snooping? I mean is there an Administrative direct-connect root access that cannot be locked out?

I have sold cell phones for 15 years and as far as I know (I have talked directly with local police.) there is no way to copy the data off of your device with out hooking it directly to the machine with a cable or bluetooth.       

Now as we move into smart phone with constant data connections it's a totally different story.  If you use a non community based or "carrier" version of any of the mobile OS' all of your data and your location is being mined.
     
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« Reply #17 on: April 19, 2011, 05:47:50 PM »

Hey look what someone posted
:http://www.intelme.com/index.php/michigan-police-search-cell-phones-during-traffic-stops/
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« Reply #18 on: April 20, 2011, 03:11:40 AM »

ACLU: Michigan cops stealing drivers' phone data


The Michigan State Police have started using handheld machines called "extraction devices" to download personal information from motorists they pull over, even if they're not suspected of any crime. Naturally, the ACLU has a problem with this.

The devices, sold by a company called Cellebrite, can download text messages, photos, video, and even GPS data from most brands of cell phones. The handheld machines have various interfaces to work with different models and can even bypass security passwords and access some information.

The problem as the ACLU sees it, is that accessing a citizen's private phone information when there's no probable cause creates a violation of the Constitution's 4th Amendment, which protects us against unreasonable searches and seizures.

To that end, it's petitioning the MSP to turn over information about its use of the devices under the Freedom of Information Act. The MSP said it's happy to comply, that is, if the ACLU provides them with a processing fee in excess of $500,000. That's more than $100,000 for each of the five devices the MSP says it has in use.

The ACLU, for its part, says that the fee is odious, and that a public policing agency has a duty to its citizens to be open. "This should be something that they are handing over freely, and that they should be more than happy to share with the public--the routines and the guidelines that they follow," Mark Fancher, an attorney for the ACLU, told Detroit's WDIV.

As of yet there's no suit, but one is likely if the MSP sticks to its proverbial guns and refuses to hand over information about how it's using the cell phone snooping devices, without being first paid off. If litigation does come, the outcome may set a precedent that would have far-reaching effects, and might make a device that most of us carry a pocket battleground in the war of digital privacy.



Read more: http://news.cnet.com/8301-17938_105-20055431-1.html#ixzz1K3LCfEtO
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« Reply #19 on: April 20, 2011, 03:13:02 AM »

Michigan: Police Search Cell Phones During Traffic Stops
ACLU seeks information on Michigan program that allows cops to download information from smart phones belonging to stopped motorists.


The Michigan State Police have a high-tech mobile forensics device that can be used to extract information from cell phones belonging to motorists stopped for minor traffic violations. The American Civil Liberties Union (ACLU) of Michigan last Wednesday demanded that state officials stop stonewalling freedom of information requests for information on the program.

ACLU learned that the police had acquired the cell phone scanning devices and in August 2008 filed an official request for records on the program, including logs of how the devices were used. The state police responded by saying they would provide the information only in return for a payment of $544,680. The ACLU found the charge outrageous.

"Law enforcement officers are known, on occasion, to encourage citizens to cooperate if they have nothing to hide," ACLU staff attorney Mark P. Fancher wrote. "No less should be expected of law enforcement, and the Michigan State Police should be willing to assuage concerns that these powerful extraction devices are being used illegally by honoring our requests for cooperation and disclosure."

A US Department of Justice test of the CelleBrite UFED used by Michigan police found the device could grab all of the photos and video off of an iPhone within one-and-a-half minutes. The device works with 3000 different phone models and can even defeat password protections.

"Complete extraction of existing, hidden, and deleted phone data, including call history, text messages, contacts, images, and geotags," a CelleBrite brochure explains regarding the device's capabilities. "The Physical Analyzer allows visualization of both existing and deleted locations on Google Earth. In addition, location information from GPS devices and image geotags can be mapped on Google Maps."

The ACLU is concerned that these powerful capabilities are being quietly used to bypass Fourth Amendment protections against unreasonable searches.

"With certain exceptions that do not apply here, a search cannot occur without a warrant in which a judicial officer determines that there is probable cause to believe that the search will yield evidence of criminal activity," Fancher wrote. "A device that allows immediate, surreptitious intrusion into private data creates enormous risks that troopers will ignore these requirements to the detriment of the constitutional rights of persons whose cell phones are searched."

The national ACLU is currently suing the Department of Homeland Security for its policy of warrantless electronic searches of laptops and cell phones belonging to people entering the country who are not suspected of committing any crime.

http://www.thenewspaper.com/news/34/3458.asp
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« Reply #20 on: April 20, 2011, 03:59:00 AM »

Yet another good reason not to carry around one of Big Brothers spying tracking devices.
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« Reply #21 on: April 20, 2011, 05:20:19 AM »

Quote
The Michigan State Police have a high-tech mobile forensics device that can be used to extract information from cell phones belonging to motorists stopped for minor traffic violations.

If a person is stopped for a minor traffic violation, then they have no business searching a cellphone for anything. A traffic violation is just that, its about the vehicle's roadworthyness and the driver's actions operating the vehicle. It's got nothing to do with what's in a cellphone.

Where they might try to get around it is by claiming the person was on the phone illegally while driving. Only other possible reason might be if they find drugs in the car, maybe, but the cops would have to have cause, or the driver authorize a search.

The key is the citizen's right to remain silent and not authorize a search. And don't fall for that crap "if your innocent you got nothing to hide".
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« Reply #22 on: April 20, 2011, 09:22:00 AM »

It's true.  My daughter and her man decided to head over to Michigan to get some White Castle, seeing as we don't have one in Canada.  They figured to do a bit of shopping too.  They indeed got pulled to be inspected.  They tore their car apart and of course took his phone and went through it.  This was about a year ago or more and I don't think they had the devices to do this, but did it manually.  My daughter and her man figured they thought he was a drug dealer or something as they couldn't believe they would drive approx. 100 km just to get some food and shop.  It's not like he was your stereotypical looking drug dealer either.  They were both completely stressed and bogged down when they got home and said they would never go across the border again.
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« Reply #23 on: April 20, 2011, 04:50:57 PM »

Michigan: Police Search Cell Phones During Traffic Stops
ACLU seeks information on Michigan program that allows cops to download information from smart phones belonging to stopped motorists.

CelleBriteThe Michigan State Police have a high-tech mobile forensics device that can be used to extract information from cell phones belonging to motorists stopped for minor traffic violations. The American Civil Liberties Union (ACLU) of Michigan last Wednesday demanded that state officials stop stonewalling freedom of information requests for information on the program.

ACLU learned that the police had acquired the cell phone scanning devices and in August 2008 filed an official request for records on the program, including logs of how the devices were used. The state police responded by saying they would provide the information only in return for a payment of $544,680. The ACLU found the charge outrageous.

"Law enforcement officers are known, on occasion, to encourage citizens to cooperate if they have nothing to hide," ACLU staff attorney Mark P. Fancher wrote. "No less should be expected of law enforcement, and the Michigan State Police should be willing to assuage concerns that these powerful extraction devices are being used illegally by honoring our requests for cooperation and disclosure."

A US Department of Justice test of the CelleBrite UFED used by Michigan police found the device could grab all of the photos and video off of an iPhone within one-and-a-half minutes. The device works with 3000 different phone models and can even defeat password protections.

"Complete extraction of existing, hidden, and deleted phone data, including call history, text messages, contacts, images, and geotags," a CelleBrite brochure explains regarding the device's capabilities. "The Physical Analyzer allows visualization of both existing and deleted locations on Google Earth. In addition, location information from GPS devices and image geotags can be mapped on Google Maps."

The ACLU is concerned that these powerful capabilities are being quietly used to bypass Fourth Amendment protections against unreasonable searches.

"With certain exceptions that do not apply here, a search cannot occur without a warrant in which a judicial officer determines that there is probable cause to believe that the search will yield evidence of criminal activity," Fancher wrote. "A device that allows immediate, surreptitious intrusion into private data creates enormous risks that troopers will ignore these requirements to the detriment of the constitutional rights of persons whose cell phones are searched."

The national ACLU is currently suing the Department of Homeland Security for its policy of warrantless electronic searches of laptops and cell phones belonging to people entering the country who are not suspected of committing any crime.

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http://www.thenewspaper.com/news/34/3458.asp
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« Reply #24 on: April 20, 2011, 05:39:09 PM »

If a person is stopped for a minor traffic violation, then they have no business searching a cellphone for anything. A traffic violation is just that, its about the vehicle's roadworthyness and the driver's actions operating the vehicle. It's got nothing to do with what's in a cellphone.

Where they might try to get around it is by claiming the person was on the phone illegally while driving. Only other possible reason might be if they find drugs in the car, maybe, but the cops would have to have cause, or the driver authorize a search.

The key is the citizen's right to remain silent and not authorize a search. And don't fall for that crap "if your innocent you got nothing to hide".

I guess you dont understand where we are at in the game.
In a perfect world what you said would be true. These companies that call themselves police or sheriff's now days really have no rules. I can say this by as a fact since its happend to me in texas. I am an upstanding well dressed 30 yr old man in a nice vehicle, insurance the works. Got pulled over and was taken to jail for trying to demand my rite to not have the officers search my vehicle. was later charged with resisting arrest. i took the case to court and fought the law with the law in exact measure. I was demanded not to even speak of the constitution in her court. the judges wont let their minions loose.
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« Reply #25 on: April 20, 2011, 05:47:11 PM »

OFFICIAL MICHIGAN STATE POLICE STATEMENT

http://www.michigan.gov/msp/0,1607,7-123-1586-254783--,00.html


April 20, 2011 - Official Statement: Use of Cell Phone Data Extraction Devices

Contact:  Tiffany Brown, Public Affairs Section, (517) 241-0970
Agency: State Police

LANSING. Recent news coverage prompted by a press release issued by the American Civil Liberties Union (ACLU) has brought speculation and caused inaccurate information to be reported about data extraction devices (DEDs) owned by the Michigan State Police (MSP).


To be clear, there have not been any allegations of wrongdoing by the MSP in the use of DEDs.

The MSP only uses the DEDs if a search warrant is obtained or if the person possessing the mobile device gives consent. The department*s internal directive is that the DEDs only be used by MSP specialty teams on criminal cases, such as crimes against children.

The DEDs are not being used to extract citizens' personal information during routine traffic stops.

The MSP does not possess DEDs that can extract data without the officer actually possessing the owner's mobile device. The DEDs utilized by the MSP cannot obtain information from mobile devices without the mobile device owner knowing.

Data extraction devices are commercially available and are routinely utilized by mobile communication device vendors nationwide to transmit data from one device to another when customers upgrade their mobile devices.

These DEDs have been adapted for law enforcement use due to the ever-increasing use of mobile communication devices by criminals to further their criminal activity and have become a powerful investigative tool used to obtain critical information from criminals.

Since 2008, the MSP has worked with the ACLU to narrow the focus, and thus reducing the cost, of its initial Freedom of Information Act (FOIA) request. To date, the MSP has fulfilled at least one ACLU FOIA request on this issue and has several far-lower cost requests awaiting payment to begin processing. The MSP provides information in accordance with the Freedom of Information Act. As with any request, there may be a processing fee to search for, retrieve, review, examine, and separate exempt material, if any.

The implication by the ACLU that the MSP uses these devices "quietly to bypass Fourth Amendment protections against unreasonable searches" is untrue, and this divisive tactic unjustly harms police and community relations.
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« Reply #26 on: April 21, 2011, 12:40:58 AM »

Hey Michigan State Police spokesman...y'all can peddle that boat as far back as you wish but the cat is out of the bag...ya straight up broke your oath to defend the constitution from all enemies foreign and domestic.
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« Reply #27 on: April 21, 2011, 04:25:53 AM »

Hey Michigan State Police spokesman...y'all can peddle that boat as far back as you wish but the cat is out of the bag...ya straight up broke your oath to defend the constitution from all enemies foreign and domestic.

They should all read this.

POLICE OFFICERS OATH OF OFFICE
AND CODE OF ETHICS
A QUESTION OF KNOWLEDGE
By
Richard W. DeShon
St. Clair County Sheriff’s Department
Submitted to
Eastern Michigan University
School of Police Staff and Command
March 31, 2000

http://www.emich.edu/cerns/downloads/papers/PoliceStaff/Unsorted/OATH%20&%20ETHICS.pdf
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« Reply #28 on: April 21, 2011, 05:52:16 AM »

I guess you dont understand where we are at in the game.
In a perfect world what you said would be true. These companies that call themselves police or sheriff's now days really have no rules. I can say this by as a fact since its happend to me in texas. I am an upstanding well dressed 30 yr old man in a nice vehicle, insurance the works. Got pulled over and was taken to jail for trying to demand my rite to not have the officers search my vehicle. was later charged with resisting arrest. i took the case to court and fought the law with the law in exact measure. I was demanded not to even speak of the constitution in her court. the judges wont let their minions loose.

With all due respect, I know exactly where we are in the game. There is no perfect world, but what I say is still true. There is a difference between law and the enforcement of said law. Two different things. We both agree that the current law, the Constitution, is not being enforced, as evidenced by your experience with a court. I didn't state what I did as if I have an expectation it would be as it should be. I was just stating the baseline to show where they are breaking the law, and what a driver's rights are. Regardless of the actions of an officer or a judge, that law still stands. It's a citizen's basis for saying they disagree with unreasonable search and seizure or saying they choose to remain silent.

Quote
Got pulled over and was taken to jail for trying to demand my rite to not have the officers search my vehicle. was later charged with resisting arrest.

Nothing personal, but there is more than one side to a story. Yours begins with getting stopped by a cop, but for what? And then it is from that point every action by all parties get very important. What led to the resisting arrest? You might consider that your actions may have been a bit adversarial? Cops don't like people who get mouthy and loud. Those who do, ususally get a trip downtown. Something to think about. Some say the effectiveness of words is all in the delivery. My faith tells me to "agree with thine adversary quickly..."
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« Reply #29 on: April 21, 2011, 10:52:55 AM »

This is in my backyard, here is a link to a local news item...

http://www.9and10news.com/Category/Story/?id=288746&cID=81
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« Reply #30 on: April 26, 2011, 10:01:09 AM »

So what is a smart crook to do?

Carry a 'bait' cell phone, with no real data on it.

Wow, hard system to get past wasn't it?
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« Reply #31 on: April 26, 2011, 12:06:50 PM »

So what is a smart crook to do?

Carry a 'bait' cell phone, with no real data on it.

Wow, hard system to get past wasn't it?
It's really a flaw if people know about it .. someone will create a virus for it soon I'm sure.
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« Reply #32 on: April 26, 2011, 12:35:22 PM »

It's really a flaw if people know about it .. someone will create a virus for it soon I'm sure.

Well - if someone is doing something with malicious intent - I'm not talking a day to day drug deal, I mean something bigger... they'll make sure to 'cover their tracks'.

Once police agencies get 'lazy' with technology it starts to become easy to pull one over on them. Same with any company. They start depending on such and such 'system' to work, with the assumption that it works right all the time.

Guys like me wouldn't have jobs in IT if that were the case...

And - I've been curious when something like this will happen:

Hypothetically... I could 'bait' a cop to scan my laptop or phone. On said phone there is a trojan - with the design and intent to infect/compromise a police network.

Cop hooks up the device - scans it... If one had the knowledge of how that process works, they could very likely infect the system it's being copied to.

Computer's only do what someone's program tells them to do - nothing is 'impossible' in terms of IT, that's for sure.
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« Reply #33 on: April 26, 2011, 12:41:46 PM »

Computer's only do what someone's program tells them to do - nothing is 'impossible' in terms of IT, that's for sure.

Being an IT professional of about 10 years, I agree completely.
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« Reply #34 on: April 27, 2011, 08:50:56 AM »

And what gives them the right to do this? NOTHING! They just do it.

These people are MAD!

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