Fourth Amendment

Draft legislation would provide new privacy protections for Americans by requiring police to obtain search warrants to track the locations of cars and cell phones.

The forthcoming bill being prepared by Sen. Ron Wyden (D-Oregon) and reviewed by CNET would provide legal protections for "geolocation information," meaning data that can locate a person through a wireless device or through a GPS tracker placed on a vehicle.

Even though police are tapping into the locations of mobile phones and implanting GPS bugs thousands of times a year, the legal ground rules remain unclear, and federal privacy laws written a … Read more

A federal judge in Virginia today granted federal prosecutors access to WikiLeaks-related Twitter accounts, including information about what Internet and e-mail addresses are associated with them.

The 20-page ruling represents a clear victory for the U.S. Department of Justice, which sought the court order as part of a grand jury probe that appears to be investigating whether WikiLeaks principals, including editor Julian Assange, violated American criminal laws.

U.S. Magistrate Judge Theresa Buchanan rejected arguments raised by the ACLU, the Electronic Frontier Foundation, and a host of private attorneys representing the Twitter account holders, who had asserted that their … Read more

SAN FRANCISCO--When agents at the Drug Enforcement Administration learned a suspect was using PGP to encrypt documents, they persuaded a judge to let them sneak into an office complex and install a keystroke logger that recorded the passphrase as it was typed in.

A decade ago, when the search warrant was granted, that kind of black bag job was a rarity. Today, however, law enforcement agents are encountering well-designed encryption products more and more frequently, forcing them to invent better ways to bypass or circumvent the technology.

"Every new agent who goes to the Secret Service academy goes through … Read more

SAN FRANCISCO--The head of the National Security Agency said today that the U.S. military should have the authority to defend "critical networks" from malware and other disruptions.

Gen. Keith Alexander, who is also the head of the Pentagon's U.S. Cyber Command, said at the RSA Conference here that the NSA's "active defenses" designed to defend military networks should be extended to civilian government agencies, and then key private-sector networks as well.

"I believe we have the talent to build a cyber-secure capability that protects our civil liberties and our privacy," … Read more

The FBI said today that it's not calling for restrictions on encryption without back doors for law enforcement.

FBI general counsel Valerie Caproni told a congressional committee that the bureau's push for expanded Internet wiretapping authority doesn't mean giving law enforcement a master key to encrypted communications, an apparent retreat from her position last fall.

"No one's suggesting that Congress should re-enter the encryption battles of the late 1990s," Caproni said. There's no need to "talk about encryption keys, escrowed keys, and the like--that's not what this is all about." … Read more

The FBI is expected to reveal tomorrow that because of the rise of Web-based e-mail and social networks, it's "increasingly unable" to conduct certain types of surveillance that would be possible on cellular and traditional telephones.

FBI general counsel Valerie Caproni will outline what the bureau is calling the "Going Dark" problem, meaning that police can be thwarted when conducting court-authorized eavesdropping because Internet companies aren't required to build in back doors in advance, or because technology doesn't permit it.

Any solution, according to a copy of Caproni's prepared comments obtained by … Read more

SAN FRANCISCO-- A top Defense Department official said today that the U.S. military should "extend" a technological shield used to protect its own networks to important private sector computers as well, which could sweep in portions of the Internet and raise civil liberty concerns.

William Lynn, the deputy secretary of defense, proposed at the RSA Conference extending "the high level of protection afforded by active defenses to private networks that operate infrastructure" that's crucial to the military or the U.S. economy.

What Lynn refers to as "active defenses" were pioneered by … Read more

A federal judge in Virginia has set a hearing for next week in a high-profile case that will decide whether the U.S. Justice Department can obtain records about the Twitter accounts used by WikiLeaks activists.

The hearing, scheduled for February 15 in Alexandra, Va., is expected to focus on whether the Justice Department has the legal justification for its request for the account details, and whether the almost-entirely-secret court records in this case should be made available for public viewing.

As CNET previously reported, federal prosecutors obtained a court order directing Twitter to turn over information about the accounts … Read more

A California attorney representing a juror required to divulge the contents of his Facebook account says he will file an appeal of the court order tomorrow.

Ken Rosenfeld, a Sacramento criminal defense attorney, told CNET that forcing jurors to turn over private correspondence in the form of Facebook posts "would be catastrophic in terms of free speech, justice, and the jury system itself."

The dispute arose in the trial of alleged members of the so-called Killa Mobb gang, who were convicted of performing a vicious beating in 2008. Soon after the verdicts, one juror alleged misconduct by another … Read more