funsec mailing list archives

Re: [privacy] FBI Acknowledges: Journalists Phone Records are Fair Game


From: "Brian Loe" <knobdy () gmail com>
Date: Tue, 16 May 2006 14:25:57 -0500

On 5/16/06, Jerry Hill <malaclypse2 () gmail com> wrote:
Well, they may seem the same to you, but they are treated differently
under the law.  To get access to historical phone records requires a
subpoena.  To get access to real-time call data requires a warrant.


One is requesting/demanding property, the other is
requesting/demanding access. Seems self-explanatory.


As far as I understand it, there are different levels of evidence
required for each, and different procedures to go through.  You may
think that the difference between the two is trivial, but as I
understand it, they're pretty different from a law enforcement
perspective.

From a telco's perspective too - there are costs involved. My wife
worked in the security department of a telco, dealing with this exact
type of thing. Getting LOG data, on the other hand, might not even
reach the security group's desk - unless that was the requester's
contact in the company (this telco's director of security was retired
FBI with lots of old friends).
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