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SpywareIn a recent case that was decided earlier this month, federal agents used a keystroke logger to record the typing of a suspected ecstasy manufacturer who has been using encryption to thwart the police.

In the wake of that, CNET’s News.com did a survey of 13 leading anti-spyware vendors and found none have cooperated (or acknowledge doing that) unofficially with government agencies. Still, some of them did indicate that if so ordered by a court to keep quiet, they would obey and not alert customers to the presence of government-planted spyware.

Spyware chartThe entire question of whether police spyware should be allowed is becoming more urgent given that the use of keyloggers, especially, are becoming increasingly necessary, and as a result, they are frequently used. This is due in large part to the prevalence of encryption used both in hard disk and network communications. Microsoft’s Windows Vista and Apple’s OS X, for example, both include built-in encryption features.

According to the article Will security firms detect police spyware:

Because there has only been two known criminal prosecutions n the United States involve police use of key loggers, important legal rules remain unsettled. But key logger makers say that police and investigative agencies are frequent customers…

Unfortunately, it remains unclear if police have the legal authority to do so under current law.

Kevin Bankston, an attorney with the Electronic Frontier Foundation who has litigated wiretapping cases says:

The government would be pushing the boundaries of the law if it attempted to obtainsuch an order. There’s simply no precedent for this sort of thing.

You can read more at CNET News.com: Security firms on police spyware, in their own words

What is your opinion on this matter? What measures do you take to ensure that your security and privacy is not compromised?

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Print/View all Posts Comments on this blog

Warning: Police spyware detected! paulmah@... | 07/18/07
Did they have a court order to install the spyware? DanLM | 07/18/07
Where is the Question Bob.rhodes@... | 07/18/07
What question??? rubendlct@... | 07/18/07
Police can open mail with court order, and citizens can't DanLM | 07/18/07
You trust the government to obey the law?! support@... | 07/18/07
so you take all their tools away, and let the criminals run free DanLM | 07/18/07
Reply to Dan.... support@... | 07/18/07
It's easy enough TonytheTiger | 07/19/07
Served, Tony, yes; but, not necessarily to the subject. deepsand | 07/19/07
I understand that ... TonytheTiger | 07/20/07
But, Tony, in this case, if a warrant were served, it may have, ... deepsand | 07/20/07
I see what you mean, TonytheTiger | 07/20/07
Tony: Unless one is off-line, one is always vulnerable. deepsand | 07/21/07
reply to support DanLM | 07/18/07
But, take care to also no that said Founding Fathers were also ... deepsand | 07/19/07
re: deepsand DanLM | 07/19/07
Re. quotes. deepsand | 07/19/07
re: deepsand DanLM | 07/20/07
In this case, Dan, our differences seem to stem from ... deepsand | 07/20/07
DanLM: Good reading Absolutely | 07/21/07
Dan, the United States Postal Service was a government agency. Absolutely | 07/21/07
Re. "Sometimes law enforcement ... MUST break the law to enforce ..." deepsand | 07/19/07
Burn it! apotheon | 07/19/07
Why is that which is so very clear to some remains so elusive to others? deepsand | 07/19/07
Yes it does, evidence was presented to the court , its the same DanLM | 07/18/07
that's all good... sparky52@... | 07/19/07
Actually, the warrant need not be served to the subject. deepsand | 07/19/07
Disagree withe the conclusion normhaga@... | 07/21/07
As elsewhere note, Big Brother has been with us for quite some time. deepsand | 07/21/07
Your police may read your mail but not ours dcollins1@... | 07/18/07
Even with a court order??? DanLM | 07/18/07
Ho Ho Ho - Obviously you never heard of ECHELON !! NightLife6 | 07/19/07
Do they need a court order to do something that they want? moderis | 07/18/07
idiot, they need a warrent to do crap like this DanLM | 07/18/07
No need for that o0o_eternal_vigilance_o0o@... | 07/18/07
spellcheck drew.mcbee@... | 07/18/07
You understood me, nuff said DanLM | 07/18/07
Harsh response w2ktechman | 07/18/07
DAN, I suggest you wake up and smell the roses Deadly Ernest | 07/18/07
Bad form, Dan. Legal and physical are different. deepsand | 07/19/07
Why So Personal and Whoes the Freakin Moron donaldcoe@... | 07/20/07
Hey Dan... normhaga@... | 07/21/07
Your out to rewrite the constitution DanLM | 07/21/07
Which Court? cholzwarth | 07/20/07
Type slower! Palmetto | 07/18/07
lol DanLM | 07/18/07
Just go to Krispy Kreme Palmetto | 07/18/07
I wonder if Ohio has Krispy Kreme DanLM | 07/18/07
Look here. Palmetto | 07/19/07
"chocolate covered custard " - drools on the keyboard. deepsand | 07/19/07
Surviving on coffe, that makes you a cop not a tech Deadly Ernest | 07/18/07
Wrong DE w2ktechman | 07/18/07
A couple of points my friend Deadly Ernest | 07/19/07
Later in the day the BEER gets added w2ktechman | 07/19/07
Sounds like a grilled sticky bun. deepsand | 07/19/07
Not all techs; here it's coffee & cigarettes. deepsand | 07/19/07
maybe w2ktechman | 07/19/07
From a time when cigarettes were not merely not considered harmful, but ... deepsand | 07/19/07
You rate donuts? :0 :_| deepsand | 07/19/07
You don't? Palmetto | 07/20/07
You got union, too? :_| :_| :_| deepsand | 07/20/07
I'm Bored with Labour Relations, is that good enough Deadly Ernest | 07/20/07
Uh, short 1 digit. deepsand | 07/20/07
Shows you have the right number, Deadly Ernest | 07/21/07
Oh. :-( deepsand | 07/21/07
Hey DS, I'm getting desperate, I'll be in any relations Deadly Ernest | 07/22/07
Well, in that case you may be interested to know that rumor has it that ... deepsand | 07/22/07
Ah DAMN! w2ktechman | 07/22/07
Warning Labels? Wadda ya want, a friggin ratin system? deepsand | 07/22/07
Bigger issue Cactus Pete | 07/18/07
Bigger issue SeanL | 07/18/07
Not really, as targeted updates are both easy & routine. deepsand | 07/19/07
Care to elaborate for me? Cactus Pete | 07/22/07
Routine updates, such as MS OS & apps, and various security apps, etc. ... deepsand | 07/25/07
the big IF Cactus Pete | 07/25/07
Irregardless of the law json_white@... | 07/18/07
Hackers already have these tools. deepsand | 07/19/07
Police spyware? vaughng@... | 07/18/07
RE: Warning: Police spyware detected! Cerybro@... | 07/19/07
New flash: the hackers are already there. deepsand | 07/19/07
Absolute Power = Absolute corruption NightLife6 | 07/19/07
Yep, 4 branches of Government according to Cheney. deepsand | 07/19/07
If it's police spyware, can I remove it? Dr Dij | 07/19/07
If you find it, shoot 1st and ask questions later. ]:) deepsand | 07/19/07
Same type of topic, just not key loggers. DanLM | 07/20/07
The linked to article makes no mention of the methods here employed. deepsand | 07/20/07
I tried to find a follow up to that DanLM | 07/20/07
I've a vague recollection of hearing a radio news mention of a kid who ... deepsand | 07/20/07
deepsand, I was just going through my tech links that I have DanLM | 07/21/07
Might this be it? deepsand | 07/21/07
Ok, I'm losing my touch DanLM | 07/21/07
PC World's Daily Technology News deepsand | 07/21/07
re: PC World's Daily Technology News DanLM | 07/21/07
I know that feeling, Dan. deepsand | 07/21/07
Looks good to me Absolutely | 07/24/07
You know, I will apologize for my tone but I will not DanLM | 07/21/07
You the man! normhaga@... | 07/21/07
Within The Law gbentley@... | 07/22/07
incorrect apotheon | 07/23/07
Partially gbentley@... | 07/23/07
two of your implications: one right, one wrong apotheon | 07/24/07
Agree Absolutely | 07/24/07
Not Sure About That gbentley@... | 07/24/07
But, he cannot be compelled to divulge such. deepsand | 07/24/07
In addition to what deepsand said . . . apotheon | 07/25/07
Furthermore, suggest that you review Amendments 4, 5 & 14 ... deepsand | 07/23/07
Not Me They Don't gbentley@... | 07/23/07
I have to take exception to that. apotheon | 07/24/07
Don't Agree gbentley@... | 07/24/07
Because it's not a level playing field. deepsand | 07/24/07
I think you misunderstand the point. apotheon | 07/25/07
A lot depends upon the question involved Deadly Ernest | 07/25/07
The answer TonytheTiger | 07/26/07
Strange sentiments Absolutely | 07/24/07
But, as the "group" can change the law at any time, ... deepsand | 07/24/07
I don't manufacture X. Oz_Media | 07/25/07
That would be fine, TonytheTiger | 07/27/07
But those are crimes anyway Oz_Media | 07/27/07
Just because you don't value your privacy TonytheTiger | 07/27/07
Tony, this has nothing to do with privacy Oz_Media | 08/03/07
I would like to say "nothing to hide"... nodisalsi@... | 07/26/07
Gee Oz_Media | 07/26/07
warrent? becky.cashdollar@... | 08/03/07
Oh The Woes of our Society jrosenthal@... | 08/15/07
Are you kidding? apotheon | 08/16/07
RE: Warning: Police spyware detected! Deadly Ernest | 07/18/07
Thin clients JamesRL | 07/18/07
That sounds like a great way of doing it to Deadly Ernest | 07/18/07
they're more secure and use less juice Dr Dij | 07/19/07
More secure? deepsand | 07/19/07
But, it is generally w2ktechman | 07/19/07
While one would hope that such is the case, we've plenty of evidence ... deepsand | 07/20/07
As a general rule, a well set up server is much more Deadly Ernest | 07/20/07
In theory, there is no difference between theory & practice. deepsand | 07/20/07
RE: Warning: Police spyware detected! darkprince_ibrahim@... | 07/18/07
RE: Warning: Police spyware detected! rgh1951 | 07/18/07
Re: "Data Mining" That one guy... | 07/18/07
Re: "Data Mining" oscar.lozano@... | 07/18/07
You missed my point on probable cause That one guy... | 07/18/07
"Probable cause" is supposed to exist, but there's no guarantee ... deepsand | 07/19/07
incorrect apotheon | 07/19/07
Keep your nose clean Tony Hopkinson | 07/19/07
Unfortunately, utopias are non-existent. deepsand | 07/19/07
Not sure.... normhaga@... | 07/21/07
Getting a warant for data mining is no different to Deadly Ernest | 07/18/07
I read this as a strictly Hypothetical article LocoLobo | 07/18/07
But what if... jbartlett@... | 07/18/07
Agree, that is the truely scary part DanLM | 07/18/07
That horse is already out of the barn. deepsand | 07/19/07
RE: Warning: Police spyware detected! gdude@... | 07/18/07
Actually, this problems greatly pre-dates 9/11. deepsand | 07/19/07
RE: Warning: Police spyware detected! NightLife6 | 07/18/07
Firmware? deepsand | 07/19/07
Details.. normhaga@... | 07/21/07
any links that w2ktechman | 07/21/07
Sorry. normhaga@... | 07/21/07
Sorry updated. normhaga@... | 07/22/07
Still searching Rand.org deepsand | 07/22/07
Look for a report in US World News normhaga@... | 07/22/07
Search for the phrase "us world news" yielded zero hits. deepsand | 07/22/07
Look here in USNWR normhaga@... | 07/22/07
Thank You w2ktechman | 07/22/07
My recollection of that event, as reported at the time by ABC news, was ... deepsand | 07/22/07
Physical access. normhaga@... | 07/23/07
RE: Warning: Police spyware detected! Digicruiser | 07/18/07
again, the police would have to have a court order DanLM | 07/18/07
miss the point cort order is irrelevent Altotus | 07/19/07
so, you give them nothing? DanLM | 07/19/07
News flash: Corrupt Law "enforcement" is ubiquitous. deepsand | 07/19/07
Sorry, totally disagree DanLM | 07/20/07
Sorry, totally naive. apotheon | 07/20/07
re: Sorry, totally naive. DanLM | 07/20/07
Dan: That's the "Absence of Proof" fallacy. deepsand | 07/20/07
DanLM, re: a whole lot of assumption apotheon | 07/20/07
re: DanLM, re: a whole lot of assumption DanLM | 07/21/07
But, Dan, the checks & balances are too easily & frequently circumvented. deepsand | 07/21/07
DanLM, re: checks and balances apotheon | 07/21/07
Probable Cause......? sparky52@... | 07/19/07
Because of the difference between should & do have ... deepsand | 07/19/07
That policy is still in place, it is not illegal DanLM | 07/20/07
The dismissal of a civil case, on narrow technical grounds, ... deepsand | 07/20/07
they did not stop the program, and I am glad DanLM | 07/20/07
Of course he did! TonytheTiger | 07/23/07
No, Tony, I've no hope for such. deepsand | 07/23/07
OK is this the same case where people screamed Deadly Ernest | 07/21/07
No. deepsand | 07/21/07
Thanks for that info, I'd only heard of the people Deadly Ernest | 07/22/07
Unless you're a professional court watcher, no one can ... deepsand | 07/22/07
Don't forget... normhaga@... | 07/21/07
A lot of countries are in Interpol and it has some Deadly Ernest | 07/22/07
I was alluding to... normhaga@... | 07/22/07
Sorry, I didn't read you post in that way - I saw it as Deadly Ernest | 07/23/07
RE: Warning: Police spyware detected! Altotus | 07/19/07
RE: Warning: Police spyware detected! NightLife6 | 07/19/07
Term: Absolute Power = Absolute Corruption NightLife6 | 07/19/07
RE: Warning: Police spyware detected! eaglehorse.houndsofhell@... | 07/20/07
big brother Tinker@... | 07/20/07
Big Brother has always been with us; now, he merely has more tools ... deepsand | 07/20/07
Forget Big Brother, worry about Big Business! deepsand | 07/22/07
What's the difference? apotheon | 07/23/07
I see Big Business as the greater threat, as it lacks ... deepsand | 07/23/07
But . . . apotheon | 07/24/07
Is not that "governmental interference " owing in large part to ... deepsand | 07/25/07
It's a vicious circle. apotheon | 07/25/07
Wrong geometric model. Absolutely | 07/25/07
You may have a point, there. apotheon | 07/26/07
Accurate: keep going with that. Absolutely | 07/26/07
Yeah, and TonytheTiger | 07/26/07
re: Geometric Model (abs) TonytheTiger | 07/26/07
Funny, Tony ... Absolutely | 07/26/07
Appearances AcesKaraoke | 07/27/07
AcesKaraoke . . . apotheon | 07/27/07
Open Source AcesKaraoke | 07/27/07
Welcome back. apotheon | 07/28/07
Glad to be Back AcesKaraoke | 07/30/07
RE: Warning: Police spyware detected! tylervancehome@... | 07/29/07
And what of national security or other such issues hlhowell@... | 08/04/07

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