If you know me, you probably know that I'm a pretty staunch supporter of the Constitution and the liberties it was designed to protect. So, you probably won't be surprised if I get upset because law-enforcement tries to work around the law.
This involves a Mr. Nicodemo Scarfo Jr. of Newark, New Jersey. Mr. Scarfo is a confessed bookmaker and reputed loan-shark. Police broke into his office using a search warrant. But it wasn't what they found that was used against Mr. Scarfo, it was the "bug" that they planted.
You see, Mr. Scarfo kept records on his computer. The cops had the authority to look at his computer, but they weren't sophisticated enough to be able to read his records. What a kick! The U.S. Government, with all its resources was not able to read the files on this guy's PC? OK, so they aren't mathematical geniuses (or else they don't want to let on that they COULD break the code), but they are dogged about catching the "bad guys" even if they have to break the laws themselves to do so. Hey, laws are just for suckers like you and me. Cops are all above the law. How many times have you seen a police car make illegal turns or speed without their lights? And that's just the trivial stuff, don't get me started about cops who execute suspects for not speaking English or sleeping in their cars!
Anyway, in this case, they planted a device in Mr. Scarfo's computer so that they could record every button that he pressed. Then, they waited until after he had typed his password and then they busted him. Here's a really scary part, they wouldn't allow the defense to examine the device to see if it was an illegal wiretap (they weren't allowed to wiretap him under the warrant that they had obtained.) The defense wasn't even allowed to see the details of how the device worked. Instead, the judge allowed a partial disclosure and the promise from the FBI that it was really important not to let a US citizen adequately defend himself.
Can you imagine that? A device is implanted in your computer that let's the FBI record and playback every letter that you ever typed? Oh, that's not an infringement on our rights. NOT!
But the FBI, wisely, settled this case before it could go any further in the courts. And since it appears that Mr. Scarfo was guilty, who is going to care? The problem isn't that they nailed a "bad" guy. The problem is that they ignored the very laws that they are supposed to protect. Hey, this is so easy for them, why don't they just plant similar devices in ALL COMPUTERS? That would make their jobs a lot easier. I guess I shouldn't joke about it, Tom Ridge may have already tampered with my machine!