аЯрЁБс > ўџ 5 8 ўџџџ 6 џџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџьЅС c П Ы jbjb№S№S %. 1 1 Ы џџ џџ џџ ] Ђ Ђ Ђ Ђ Ђ Ђ Ђ њ њ њ њ њ њ ъ & & & & & & & & в д д д д д д , џ є ѓ Ђ & & & & & ~ Ђ Ђ & & & ~ ~ ~ & Ђ & Ђ & в Ж " и " Ђ Ђ Ђ Ђ & в ~ T ~ в Ђ Ђ в Ѕ*И њ њ D : в Case tests legality of FBI's PC surveillance By Richard Willing, USA TODAY An alleged bookmaker with organized crime ties is challenging the FBI's use of a computer bugging device that allowed agents to break into secure files the government says contained his gambling records. Federal Judge Nicholas Politan of Newark, N.J., heard arguments Monday on the motion by alleged bookmaker Nicodemo Scarfo Jr., 36, to suppress information gathered from a surveillance device called a "key logger system" that FBI agents placed on his computer in 1999. Read more ------------------------------------------------------------------------ Digital snooping * E-monitoring of workers sparks concerns * Bill would rein-in FBI's Net snooping * Ashcroft meets with privacy leaders * Extent of FBI's Web surveillance disclosed * Report: Carnivore could be abused ------------------------------------------------------------------------ Video surveillance * Tampa puts face-recognition system on public street * Big Brother, I'm ready for my close up * ACLU protests high-tech Super Bowl surveillance * Chances are, somebody's watching you * Technology pinpoints shots in the dark ------------------------------------------------------------------------ The device, which keeps track of keystrokes as they are made on a computer terminal's keyboard, allowed the FBI to get the password to files that Scarfo had protected with a sophisticated scrambling program. Politan asked lawyers for the U.S. government and Scarfo to give him more information about the process. The judge did not say when he would rule. Privacy watchdogs nationwide have cast the case as the latest example of how technology is threatening privacy rights. The case is the first known example of the government's use of keystroke monitoring, a process that one advocate called "extremely troubling." "When you're talking about gathering up everything some person has typed, every stroke, you're getting very close to the kind of general search that the Constitution doesn't allow," says David Sobel, counsel for the Electronic Privacy Information Center, a privacy advocacy group in Washington. "It's as if the government had a warrant to seize one book in your house, but was also allowed to haul out everything that's in there." Papers filed in the case and posted on the center's Web site tell this story: In January 1999, FBI agents raided a business run by Scarfo in Belleville, N.J., and used a search warrant to justify copying the contents of his computer. But agents were unable to open one computer file, believed to contain bookmaking records. The scrambling program protected the file. A U.S. magistrate authorized a second search warrant to enable agents to learn the password to the protected program by monitoring Scarfo's keystrokes. Keyboard bugs can be software that is loaded onto a computer, or attachments that can be placed on the computer-keyboard link or on the keyboard itself. The FBI did not specify what type was used. Scarfo's father, Nicodemo "Little Nicky" Scarfo, is serving a life sentence for running Philadelphia's organized crime family. The younger Scarfo was suspected of using the business as a front for a bookmaking and loan-sharking operation. Information from the computer files decoded by the FBI helped lead authorities to charge Scarfo and another New Jersey man, Frank Paolercio, 32, with gambling and extortion in June 2000. Scarfo's lawyers say the government should have been required to seek a court-ordered wiretap rather than a search warrant. Wiretap orders are harder to get, limit surveillance to specific areas and prevent broad intelligence gathering. In seeking the order to plant the bug, federal prosecutor Ronald Wigler said U.S. wiretap law did not apply because "no wire, oral or electronic communications (would be) captured." Keystroke monitoring was developed in the 1990s, and privacy experts say U.S. law does not appear to cover the new technology. In 1999, the Clinton administration failed to get Congress to pass a law authorizing the type of surveillance at issue in the Scarfo case. Scarfo was known for his interests in computing and software. 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