PA Seizes Newspaper's Computers 314
twitter writes "Computer equipment from the Lancaster Intelligencer Journal was seized for alleged improper data access and disclosure. From the article: 'If the reporters used the Web site without authorization, officials say, they may have committed a crime.' Journalist are understandably upset that confidential information, that has nothing to do with the investigation, will be found and used for retribution."
Logs? (Score:5, Insightful)
This seems to me like impounding your car to take it apart to prove that you drove 7Mls over the speed limit.
Or in other words: Harrassement!
Re:Logs? (Score:5, Insightful)
Re:Logs? (Score:5, Insightful)
Really bad analogy (Score:2)
Re: Really bad analogy (Score:5, Funny)
Yep - Using analogies is like comparing apples and oranges.
Re: Really bad analogy (Score:2, Funny)
Re:Logs? (Score:2, Interesting)
Just like you'd search the bank thief's house despite overwhelming evidence that it was her, you generally want to search a computer crime suspect's computers.
Re:Logs? (Score:3, Insightful)
Re:Logs? (Score:2)
Wouldn't these logs also show whose IP address was used to access this website? I mean, like the newspaper's?
And if they have that, they don't need the newspaper's computer to prove anything further.
And if they don't have that IP (say, if the reporters were smart enough to use open proxies), chances are the reporters were smart enough not to leave any incriminating evidence lying around on their own computer eithe
Re:Logs? (Score:3, Insightful)
Re:Logs? (Score:5, Interesting)
Check out the Simple Tech SimpleShare NAS. Drop it in the janitor closet someplace locked.
Re:Logs? (Score:5, Insightful)
1 Tax records
2 Full credit card information including card number, pin, phone numbers to call if lost or stolen.
3 Full bank details for online banking
4 Password list for various websites i log into once in a while. After all, I can't use Technician as a logon for AOL IM. So when I do use it on occasion, I need to look up my id.
5 Alarm system master password and user password. I seldom use the master password.
Can you think of any reason to leave any of that out for law enforcement or a burglar to dig through? It's nothing I would want either to have.
Re:Logs? (Score:2)
Re:Logs? (Score:5, Insightful)
"Give me six lines written by the most honorable of men, and I will find an excuse in them to hang him."
Cardinal Richelieu
Re:Logs? (Score:3, Insightful)
Cardinal Richelieu
That number also works for guilt by association, since only 6 degrees seperate us all.
Re:Logs? (Score:5, Informative)
http://www.tomsnetworking.com/2005/04/15/review_s
Snip Digging deeper into the menus revealed some advanced functionality that didn't appear to be advertised anywhere on SimpleTech's web site or product brochures. I found menus for creating encrypted, mirrored and striped shares, which are RAID capabilities that I have not seen in other boxes of the same class. Selecting the Help button on this screen brought up a full help listing for all features of the box, including these advanced ones. Reading through the help menus indicated that the mirror and striping capabilities are designed to be used on external drives plugged into the box.
end snip
It's one of the main reasons I bought it. Raid, Encryption and easly hidden someplace to be left behind in a raid or burglary. What more could a geek want?
Re:More info. (Score:4, Informative)
I was initially a little confused about how an encrypted share would work. Would the client have to enter the encryption password, as well as the user password, when mounting the network share? I saw no provision for this, but what I had to do became clear the next time I rebooted the box. When the SimpleShare rebooted, I received an e-mail from it telling me that I had to go into the administration screen and enter the encryption password. Once I did this, the share was available for clients. So this feature is meant to protect your data if someone walks off with your drive - without the password, they won't be able to access it.
end snip
That's the way to survive a raid. Packing it up breaks it if they find it.
I know from experiance (i made a configuration error) that using the reset to reset it to factory defaults does not open the encrypted share. It stays encrypted and can only be opened and mounted by entering the encryption key.
HD locking (Score:3, Informative)
Re:More info. (Score:2)
If they do, they are not talking about it. When I sent mine in for a configuration error on my part (covered by warranty) I did not provide the encryption key. They let me know they got the software unlooped and could see the unencrypted shares OK. They would be willing to check the encrypted pool if I provided the key. I declined and said it's
Re:More info. (Score:3, Interesting)
I was thinking too slow.. The software is GPL. Download the source and take a look. I'm not making any bets, but the odds against a back door are heavily in my favor.
Re:To back up my claim.... (Score:2)
http://www.linux-mips.org/wiki/Broadcom_SOCs [linux-mips.org]
Silence the whistleblowers! (Score:4, Insightful)
So if you can give them the impression that even when a newspaper grants you anonymity, the feds will somehow find out who you are. Sure, you can still execute your freedom of speech.
But will you dare to when it pretty much means your career is over because it's this easy for the government to grab any kind of information they want? So take your share of the cake and shut up. It's better for you.
Re:Silence the whistleblowers! (Score:5, Insightful)
Journalists have freedom, not immunity (Score:5, Interesting)
And presumably that unrelated confidential information wouldn't fall under the scope of the warrant. But the cops *definitely* have enough for a warrant. They have traced blatantly illegal activity back to a computer and seized it. Any private citizen would have faced the same. Freedom of the press isn't a blanket right to break the law with complete impunity and immunity.
I mean, think about what you're saying. It's like saying anyone with confidential information in their house (ie, everyone) shouldn't ever be subject to a legal, warranted search. There are mechanisms to restrict the scope of warrants.
In general, if one is worried about such confidential information, I'd strongly suggest not doing completely illegal shit with the computer containing it.
Re:Journalists have freedom, not immunity (Score:4, Insightful)
Since businesses do a better job obtaining and preserving their protections than the public seems to do, just look to them for the precedent. They refuse to release things all the time claiming "irrepairable harm". Admittedly those are usually civil cases involving trade secrets and the like. However, the point stands. The Bill of Rights protects against unreasonable search and seizure for exactly that reason. Leaking information that can be used for retribution against citizen or, almost more importantly, against the press causes irrepairable harm. The belief of the paper is that the seizure, in this case, was far beyond what a constitution warrant would allow.
Admittedly computers and networks of them are very tightly integrated. It's hard to seize just the right parts of them. However, having witnessed the aftermath of a few police seizures of computer equipment I can assure you that it probably was overkill. People don't usually work well with things they don't understand. You can be that your average police department usually goes overboard in situations like this.
The claim could be made that the police made the most limited seizure practical, but I don't believe that's provides a defense against a clear Fourth Amendment claim (IANAL). The Fourth Amendment sends a clear message. Unfettered search and seizure is at odds with a citizen's ability to participate in a democracy because of the potential it creates for abuse. Any pretense of a crime can be used as a gateway to retribution. Especially considering that computers actually have made it easier to search and seize.
In the past, thousands of papers would have to meticulously found, catalogued, and archived. Now, digital copies can be made trivially, evidence integrity can be certified by third party signature, and search can be heavily automated. The sad fact is that the police are willfully ignoring the fact that they don't have to seize the entire computer so that they don't have to work as hard (not that they're lazy, but their resources ARE limited). Make no mistake, a single man can now seize libraries worth of data in minutes and search it just as quickly.
What nobody realizes about the Bill of Rights is that it was made to safeguard the ability of the people to revolt again if necessary. The government and courts has slowly disarmed the people, nibbled away at their speech protections, removed their autonomy, and generally preserve democracy by ensuring the government is subject to the will of the people--by force if necessary. This is always done in the spirit of "making people accountable", "keeping the peace", or "protecting people from criminals". The humbling reality is that every one of the founders of our government would have been dead if they were accountable to the government in their time. The peace would have been kept, it's true, but in a world where the people are made criminals for enjoying their freedom, what does it matter?
Re:Journalists have freedom, not immunity (Score:3, Interesting)
None of which matters here. A journa
Is the Freedom of the Press abridged? (Score:5, Insightful)
According to the 4th Amendment, the right to be secure in our belongings is still subject to the will of a judge to issue a warrant. The warrant was issued in this case, and the judge has taken personal responsibility to act as escrow for the information that reaches the prosecutors.
I don't know what else can really be guaranteed the newspaper, except that they will have their day in court. Their protests about informant confidentiality is a red herring, designed to take our attention away from the possibility that they were involved in illegal activities.
Re:Is the Freedom of the Press abridged? (Score:5, Insightful)
Re:Is the Freedom of the Press abridged? (Score:3, Insightful)
From TFA:
Feudale ruled Feb. 23 that the state could seize the computers but view only Internet data relevant to the case. The judge also ordered the agent who withdraws the data to show them to him first - before passing them to prosecutors - to ensure that the journalists' other confidential files are not compromised.
Personally I think the entire process ought to be handled by a third-party on behalf of the court, and not by the state which is a party at interest. How could anyone be sure that only t
Re:Is the Freedom of the Press abridged? (Score:3, Insightful)
Re:Is the Freedom of the Press abridged? (Score:3, Insightful)
Click through agreements have trained people not to read anything presented in all caps.
Re:Is the Freedom of the Press abridged? (Score:4, Insightful)
I agree that journalists should be punishable for crimes they commit, but "criminal investigation" is commonly used as an excuse for government intimidation. (Not often in the USA, but read the reports from Reporters without borders [rsf.org].) Is this happening here, the secrecy around all this makes me worry!
Re:Is the Freedom of the Press abridged? (Score:2)
Sounds like those smart GnuPG developers have already seen this coming.
Re:Is the Freedom of the Press abridged? (Score:5, Insightful)
Just another argument for encryption, and perhaps also for some method of storing information about seperate subjects seperately so that only some subset of the encrypted data need be decrypted, and not just everything.
Encryption wouldn't do much good when a judge will just order you to reveal the password(s) under pain of a contempt charge and jail until you concede, regardless of claims of bad memory, etc. There could also be destruction of evidence and obstruction of justice charges for wiping or destroying the hardrives.
Keeping the data private from investigators is possible, if one is willing to spend some serious time in the justice and penal systems. I'm all for standing on ones' principals, but when you're looking at a long stretch in prison, with a whole life, a career, and a family to consider, priorities can change in a hurry.
IANAL, YMMV, etc...
Strat
Re:Can't you plead the 5th? (Score:4, Interesting)
Can't you plead the 5th when asked to give passwords? I've always wondered about that... Can you be forced to give information to the authorities? From my understanding you cannot be forced to testify against yourself.
Or maybe the "right to remain silent" doesn't always apply to certain situations?
Can anyone shed light on this?
Proof that there's no proof (Score:5, Insightful)
First off, if the coroner had indeed provided the system's password, wasn't he the one contravening security policy (if not the law)?
Their justification for the computer seizure doesn't explain it at all. If they were concerned about a possible breach (even one obtained through some fraud or password sharing), they'd be able to ascertain the truth more reliably and certainly via access logs from the host systems, or even the intervening logs from the newspaper's ISP. Period.
Searching through the hard drives would be a last ditch effort for a legitimate investigation, since the cache could have been modified or deleted (thus requiring a forensic examination of the suspect systems).
The investigators are either stupid or lying about their true motivations. I can smell a lawsuit of significant proportion.
Re:Proof that there's no proof (Score:5, Informative)
So a journalist (or anyone) using the site with someone's else's login credentials violates the terms of service of the site.
There is no way to plead ignorance for those who improperly accessed the site.
Re:Proof that there's no proof (Score:3, Interesting)
Re:Proof that there's no proof (Score:3, Insightful)
Seizure may be going too far though - all depends on the specifics of the case.
--
(I never read facts - they spoil my arguments)
Re:Proof that there's no proof (Score:2)
By this logic, if your roommate lends me the key to your storage locker, and I use the key to break in and take your stuff, you're asserting that I've done nothing wrong.
Re:Proof that there's no proof (Score:2)
Another hokey analogy. If the Coroner did pass on his password as alleged, he's given access to HIS OWN information, though his employers obviously would not like him to have. Analogy? Okay: You're 16 and your 16-year-old girlfriend lets you get to second base. Her father finds out and calls the cops on you -- you say she authorised access; the father says she had no right to.
Chain of evidence (Score:2)
Re:Proof that there's no proof (Score:2)
Huh. So, the easiest way to kill freedom of the press would be to make a law against it?
Laws are not absolute be-all end-all.
"anonymous"..? sure pal. (Score:2)
Re:Proof that there's no proof (Score:2)
You mean like the slashdot community using a shared login and password to read a linked NYT article? It looks like turnabout to me.
Re:Proof that there's no proof (Score:2)
A tiny USB keyfob can be stuck into an envelope as easily...
Best guess is that they already know the ISP address came from a public terminal,
In which case, the saved data would already have been on an USB stick to begin with (... to bring it back from that cybercafé to the paper's headquarters). And if the reporters were a leetle bit smart, they'd never copied that data from there to the local computer. Then, good luck to the forensic ana
Comment removed (Score:5, Insightful)
Re:There is no freedom to be a reporter (Score:3, Insightful)
Not only that but anybody who talks to a reporter should know that there is no guarantee that the reporter will not be forced to tell law inforcement their source. When reporters write something down it shou
/. headline is wrong (Score:5, Informative)
Philadelphia is a city.
Pennsylvania is a commonwealth.
Surprisingly enough, the Pennsylvania Attorney General's Office works for the Commonwealth of Pennsylvania, not the City of Philadelphia. I know it's confusing; after all: they both start with the same letter.
Re:/. headline is wrong (Score:2)
Re:/. headline is wrong (Score:2)
My God they nuked Freedom of the Press!
Re:/. headline is wrong (Score:2)
Re:/. headline is wrong- Not Philadelphia! (Score:2)
Besides, the Intelligencer Journal is a Lancaster newspaper. -NOT- Philadelphia.
While Lancaster isn't that far (90 minute drive on a good day) it's not a Philadelphia subburb.
Of Course (Score:2, Interesting)
Philadelphia is a city.
Pennsylvania is a commonwealth.
Surprisingly enough, the Pennsylvania Attorney General's Office works for the Commonwealth of Pennsylvania, not the City of Philadelphia. I know it's confusing; after all: they both start with the same letter.
but then so does Pontiac Plymoth and Ptomaine
This is massive overkill (Score:5, Interesting)
The Disconcerting part... (Score:2, Insightful)
In similar news, I understand that Congress is going to pass a law making it a crime to disclose illegal spying by the government.
Not Exactly (Score:2)
Not exactly, they're going to make it a crime to knowingly circulate classified information (such as information about the spying program, which is not necessarily illegal). The idea is that the press should be held accountable for the security breaches they facilitate/encourage.
The claim that the program is illegal is based on the notion that congress did not have enough information about it, and did not grant
Re:Not Exactly (Score:2)
Not that the bill is in reference to (ahem) *any* particular episode of illegality, but that it would make it illegal to tell about anything illegal.
In such a scenario, MyDepartment of (In)Security could have a project to import drugs from X, to the US, in order to finance MyTerrorist (Freedom Fighter, etc...). Said Drug may have health ef
Re:Not Exactly (Score:2)
First Ammendement.... (Score:2, Insightful)
Re:First Ammendement.... (Score:2)
From what I'm reading... (Score:3, Insightful)
Re:From what I'm reading... (Score:5, Interesting)
Of course, I'm not a lawyer, so I could be totally wrong about all this. Take my advice when I say: "Don't take my advice".
encryption for FSs (Score:5, Insightful)
Re:encryption for FSs (Score:2)
For me, I use a NAS with encryption built in. It's transparant to the end user. The drives won't mount until the encryption key is entered in the NAS web based interface. You can't get to the web based interface unless you log in first. Shutting it down to seize it locks it. Encryption is done in hardware. Removing the drive for analysis will reveal a reiser filesystem which is e
More info, please (Score:2)
Thanks for the info, btw.
Re:More info, please (Score:3, Interesting)
The only flakieness I know about is one I did and had to send it in to be recovered. Use share passwords if you are using an encrypted drive. Do not do like I did and make some shares, provide passwords, then create users with user privilages, and then create an encrypted pool. It loops the software an
Re:encryption for FSs (Score:3, Insightful)
I wonder how many criminals are using encryption on their Filesystems these days? If they are not, now is the time to start. A bit of a hassle, but maybe less hassle than spending 3 years in prison.
As using someone elses password to get to information that you aren't allowed access to is a criminal act, and that is what will get you the three years in prison. Possible concern over source privacy, etc for reporters won't get you i
Re:encryption for FSs (Score:3, Interesting)
Can remote 3rd party storage be siezed? (Score:5, Insightful)
This inevitably brings to mind today's story about Amazon's new storage service. If Lancaster Intelligencer Journal had stored their encrypted records and work files on such a storage service, would Amazon (or Google etc) have got raided and their computers taken away?
Obviously not (I think), but where does the boundary between yes and no actually lie? What if LIJ stored their encrypted data at some small 3rd party outfit?
This whole area is likely to become a tangled quagmire, as well as sadly a legal goldmine.
Re:Can remote 3rd party storage be siezed? (Score:4, Insightful)
Pointless, since it is illegal to not provide the key when asked by law enforcement who've gotten a warrant for it.
If you are concerned about your data being seized, you're better off having it on a portable storage device that you can either toss or give to someone else for safekeeping if you think the hammer's going to drop on your investigation.
Third parties would have to give up your files if they are prsented with a warrant for them. The key would be to use an offshore storage company, and do all your online activity through an offshore proxy. I'm sure they'll have tons of fun trying to serve a warrant then.
Re:Can remote 3rd party storage be siezed? (Score:2)
That would be a hassle to manage. Especially if different stories overlap (i.e. documents relevant to one of them might also relevant to some others)
Re:Can remote 3rd party storage be siezed? (Score:4, Informative)
Same as standard home search warrants -- they don't issue a warrant to just search your sock drawer, because you told them that's the only place you'd keep the contraband they're looking for.
Re:Can remote 3rd party storage be siezed? (Score:2, Interesting)
If one of those large entities were served with a warrent, how would they prove that that data belonged to you?
So the thing to do, is to encrypt your data with multi-key encryption, so that if The Man askes, you give him the key that decrypts to last week's (published) article, while you keep the key to the real
Someone please smack the author of this article (Score:2, Insightful)
Jeez.
Next up, "Rudy Guiliani orders torture of Al-Queda suspect at Gitmo"
For more information... (Score:5, Funny)
Re:For more information... (Score:2)
If you can find it. Who knows where the server is right now.
The Land of the Free? (Score:4, Insightful)
They need to contact http://www.firstamendmentcenter.org/ [firstamendmentcenter.org]
Re:The Land of the Free? (Score:3, Interesting)
The issue is this; if they had simply gotten classified information from the coroner in question, they would be a-okay. The coroner is in trouble, but they would be fine. The problem comes in when they try and access the data themselves by logging on AS the coroner. That IS a hacking attempt which is a violation of the law.
Moral of the story? If
I dont get it. (Score:3, Insightful)
All I know is this'll sure make a good news story. Oh; wait, nevermind.
Re:I dont get it. (Score:2)
Not that difficult (Score:2)
Well, yes... and no (Score:2, Interesting)
Re:Well, yes... and no (Score:2)
Circumstantial evidence is sufficient to obtain a criminal conviction in Pennsylvania. The Commonwealth's argument here will be that the circumstantial evidence here is that:
(1)The restricted access website Z was accessed by computer X
(2)Computer X was seized from person Y
(3)Computer X was issued to and used by person Y
(4)Details accessed through Computer X appeared i
Sensitive data - unencrypted - too bad (Score:2)
One can bleat that the jack boots are calling but don't start whining because your data protection measures are unsound.
With sloppiness like that, what damage a laptop in the hands of a mole.
TrueCrypt (Score:2, Insightful)
The lesson Learned here kids? (Score:5, Informative)
Finally, with today's fervor over terrorism it's best for you to not write anything down, record nothing and deny, deny, deny.
Re:The lesson Learned here kids? (Score:3, Interesting)
If you don't use the information you have, then the anti-terrorist fascists win.
Not writing anything down and not recording anything mean that you are effectively silent to everyone that you don't have personal physical contact with. Thanks for volunteering to have your voice taken away, you are a good little dissenting citizen.
Re:The lesson Learned here kids? (Score:3, Interesting)
I think the bigger lesson here is to not go poking through private networks. Only the owner of the network (or its authorized proxies) can give permission to 3rd parties to access that network. Even if the Coroner had given the newspaper his password, the Coroner is not authorized to grant network access to 3rd parties.
The freedom of the press only exists to the extent that the press i
Re:The lesson Learned here kids? (Score:4, Interesting)
perhaps with a 32k cluster size a dummy file might use 3k leaving 29k free for encrypted data if you had the program to access and decript the free space on a usb key say you could have potentially a very secure system especially if the key could be overwritten if the wrong password was entered.
the hd would look clean the key might even just monitor a key sequence without even offering a prompt.
or perhaps the key might be a jpg that would need to be copied to a specific location on the harddrive. probably needs to be automatically erased once access has been granted
just a thought
there must be ways and means
Practical? yes... (Score:2)
Wave bye bye. (Score:2)
Am I missing something??? (Score:5, Insightful)
Is a reporter allowed to run red lights? Can they break into the mayors office to rummage thru his files? How is this any different???
Yes, you are missing something (Score:3, Informative)
Something else you're missing is called "Innoce
Website (Score:3, Informative)
Here's the paper's website. Nothing is mentioned about it there.
http://lancasteronline.com/index.php [lancasteronline.com]
Journalism or Lack Thereof (Score:2, Interesting)
The state of Philadelphia should sieze the hard drives of the Slashdot Editors for lousy journalism.
Two ways to look at it (Score:4, Insightful)
On the one hand:
"This is horrifying, an editor's worst nightmare," said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press in Washington. "For the government to actually physically have those hard drives from a newsroom is amazing. I'm just flabbergasted to hear of this."We have the potential for confidential sources and other non-related data to be exposed to the light of day. On the other hand:
The grand jury is investigating whether the Lancaster County coroner gave reporters for the Lancaster Intelligencer Journal his password to a restricted law enforcement Web site. The site contained nonpublic details of local crimes. The newspaper allegedly used some of those details in articles.If the reporters used the Web site without authorization, officials say, they may have committed a crime.
We have reporters, eager to scoop the competition to drive up circulation by exposing little know details of crimes, committing a crime themselves in cahoots with the coroner, who must have been getting something out of the deal.
Either way you cut it, it's a legal quagmire and a constitutional nightmare.
First of all it's Lancaster PA not Philadelphia (Score:2)
Besides that all of the news papers our here are just conservative media outlets so it's fun to watch them "eat there own".. bowing down under corporate pressure to be eatin alive by others and finally chewed up and spit out by a hungry DA working for another. gotta love it.
Whose computers are they? (Score:3, Insightful)
State agents raided Kirchner's home outside Lancaster last month and took computers, he said. He said he had had no other contact with authorities since.
I can see the issue of having confidential secrets being found by the government, but at the same time being in the press does not absolve you from having evidence collected on you. The best thing the government can do is find a 3rd party to do the evidence collection (that is trusted by both sides).
Another (better) story on the same topic (Score:3, Informative)
http://local.lancasteronline.com/4/21327 [lancasteronline.com]
In addition, the Lancaster papers' attorney failed to secure any witness or provide any testimony that could demonstrate that the computer forensics work could be done in the newspapers' offices as opposed to taking the drives to the AG's forensics lab. You have to at least put up a fight to win. I think that the attorney for the paper knows bupkis about technology and he was completely unprepared to fight the subpoena on that basis. It's an example of having the wrong lawyer and being outgunned by people who specialize in this sort of criminal prosecution.
I suspect also, having read the bio of the attorney (George C. Werner) on his firm's (Barley Snyder) website (http://www.barley.com/attorney/bios/bio.cfm?atto
GF.