search warrant

CISPA permits police to do warrantless database searches

A controversial data-sharing bill being debated today in the U.S. House of Representatives authorizes federal agencies to conduct warrantless searches of information they obtain from e-mail and Internet providers.

Rep. Alan Grayson, a Florida Democrat, proposed a one-sentence amendment (PDF) that would have required the National Security Agency, the FBI, Homeland Security, and other agencies to secure a "warrant obtained in accordance with the Fourth Amendment" before searching a database for evidence of criminal wrongdoing.

Grayson complained this morning on Twitter that House Republicans "wouldn't even allow debate on requiring a warrant before a search.&… Read more

IRS doesn't believe in warrants for e-mail

CNET Update gets worked up over warrants:

The Internal Revenue Service has documents suggesting that it doesn't need a search warrant to access e-mail or private messages on Facebook and Twitter. CNET's Declan McCullagh has the story looking into the privacy guideline at the IRS that goes against what many lawmakers have argued.

Today's tech roundup also looks into the user data stolen from Vudu's offices, and T-Mobile's push for converts with an iPhone trade-in promotion.

Watch CNET Update in the video above, and subscribe to the podcast via the links below.

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Feds: MegaUpload was not entrapped

Entrapment is one of MegaUpload's claims in its legal battle against the U.S. government. The feds are now saying this claim is "baseless."

"Megaupload's allegations are baseless, as even a cursory review of Megaupload's pleading and the search warrant materials at issue disproves the allegation that the government misled the court as part of a conspiracy to entrap Megaupload," the government wrote in a Friday filing (PDF).

MegaUpload, which was founded by Kim DotCom, is the highest-profile service to be accused of criminal copyright violations by the U.S. government -- and … Read more

Petraeus e-mail affair highlights U.S. privacy law loopholes

If former CIA Director David Petraeus had secretly stashed love letters he exchanged with his paramour at home under his mattress, he might have actually done a better job of protecting his privacy.

Blame federal law for this counterintuitive result. Because it's so easy to dash off an e-mail -- or edit a Gmail draft -- you might think electronic correspondence should receive far greater legal protections and be more difficult for the FBI to read.

Not quite. Because of the way a key federal privacy law was worded in 1986, back in the pre-Internet days of analog modems, … Read more

Video released of police raiding Kim DotCom's mansion

When Megaupload's founder Kim DotCom's mansion was raided in January, he claimed far too much force was used with unnecessary helicopters circling and elite forces arriving armed to the teeth. Now there's video to prove it.

Released by New Zealand's 3News, the video starts with a helicopter flying over DotCom's compound and landing directly in front of the massive mansion. Four armed officials jump out and run toward the house. As the helicopter takes off, ground forces are seen coming in through the gates.

DotCom's New Zealand home was reportedly worth $30 million. During the raids, … Read more

Sen. Ron Wyden: Protecting mobile privacy (Q&A)

It may come as a surprise to know that police generally need a warrant to search your house, but not to track your whereabouts through your cell phone.

This is what Sen. Ron Wyden, an Oregon Democrat who has become the Senate's leading champion of electronic privacy, wants to change. Wyden recently spoke with CNET in an interview transcribed below about his forthcoming legislation.

It's hardly Wyden's first foray into technology. In 2006, he introduced a pro-Net neutrality bill, opposed a renewal of the Patriot Act, and proposed restrictions on the Bush administration's controversial Total Information … Read more

FBI issues warrants over pro-WikiLeaks attacks

The FBI is on the hunt for the hackers responsible for a recent wave of cyberattacks launched in defense of WikiLeaks.

FBI agents yesterday executed more than 40 search warrants in the United States as part of their ongoing investigation. Pointing to the group Anonymous, which has taken responsibility for the attacks, the FBI said that the distributed denial of service (DDoS) assaults were facilitated by software the group makes available as free downloads.

Late last year, PayPal, Visa, MasterCard, and other companies were hit by DDoS attacks triggered by activists in support of WikiLeaks after the companies cut off … Read more

Hearing on Gizmodo iPhone warrant scheduled

A judge in Silicon Valley will hear arguments later this week in a dispute over unsealing records about the criminal investigation into what may have been a prototype iPhone purchased by a gadget blog.

San Mateo County Judge Clifford Cretan has scheduled a hearing for 9 a.m. PDT Friday in his courtroom in Redwood City, Calif. Cretan previously approved a police request to search the home office of Gizmodo editor Jason Chen, a decision that unleashed a torrent of speculation about the legality of searching a journalist's workplace and whether Apple instigated the raid.

Media organizations including CNET, … Read more

Judge nixes media request for iPhone warrant

REDWOOD CITY, Calif.--A San Mateo County judge on Thursday refused to consider a request by media organizations to learn the justification police used to search a Gizmodo editor's home for information about the sale of a possible iPhone prototype.

Judge Stephen Hall rejected the group's request for a hearing on Thursday, instead assigning it to the judge who granted the search warrant last month and who is expected to hear arguments next week.

The District Attorney's Office opposed the request filed by CNET, the Associated Press, Bloomberg, the Los Angeles Times, and other news organizations in … Read more

Court fight brews over unsealing iPhone records

An attorney for the 21-year-old Silicon Valley resident who found what appears to be Apple's prototype iPhone in a bar is expected to oppose a request by CNET and other media organizations to unseal court records relating to the investigation.

A coalition also including the Associated Press, Bloomberg News, the Los Angeles Times, and Wired.com has prepared a 7-page legal brief that will ask a court to unseal the detective's affidavit used to obtain a search warrant nearly two weeks ago. A hearing has been tentatively scheduled in the San Mateo County courthouse for 2 p.m. … Read more