FBI Eavesdropped By Activating the Microphone of a Cellphone Which Was Turned Off [View All]

FBI Taps Cell Phone Mic As Eavesdropping Tool

By Declan McCullagh and Anne Broache
Staff Writer, CNET News.com

Published: December 1, 2006, 2:20 PM PST

The FBI appears to have begun using a novel form of electronic surveillance in criminal investigations: remotely activating a mobile phone's microphone and using it to eavesdrop on nearby conversations.
The technique is called a "roving bug," and was approved by top U.S. Department of Justice officials for use against members of a New York organized crime family who were wary of conventional surveillance techniques such as tailing a suspect or wiretapping him.

Nextel cell phones owned by two alleged mobsters, John Ardito and his attorney Peter Peluso, were used by the FBI to listen in on nearby conversations. The FBI views Ardito as one of the most powerful men in the Genovese family, a major part of the national Mafia.

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Kaplan's opinion said that the eavesdropping technique "functioned whether the phone was powered on or off." Some handsets can't be fully powered down without removing the battery; for instance, some Nokia models will wake up when turned off if an alarm is set.

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http://news.com.com/FBI%20taps%20cell%20phone%20mic%20as%20eavesdropping%20tool/2100-1029_3-6140191.html?tag=st.txt.caro

In this case, the FBI got a warrant. But we all know that (ahem) certain elements in our government are seeking ways to do this sort of thing without getting a warrant. And we also know that whatever law enforcement does "legally" may also be imitated by private agencies who know they are not acting legally, but which don't care because they plan to never get caught at it.