[Infowarrior] - FBI Hides Its Surveillance Techniques From Federal Prosecutors Because It's Afraid They'll Become Defense Lawyers

[Richard Forno]

FBI Hides Its Surveillance Techniques From Federal Prosecutors Because It's Afraid They'll Become Defense Lawyers

https://www.techdirt.com/articles/20160423/20522034256/fbi-hides-surveillance-techniques-federal-prosecutors-because-afraid-theyll-become-defense-lawyers.shtml

We know the FBI isn't willing to share its investigative techniques with judges. Or defendants. Or the general public. Or Congress. The severely restrictive NDAs it forced law enforcement agencies to sign before allowing them to obtain IMSI catchers is evidence of the FBI's secrecy. Stingray devices were being used for at least a half-decade before information starting leaking into the public domain. 

The FBI doesn't want to hand over details on its hacking tools. Nor does it want to discuss the specifics of the million-dollar technique that allowed it to break into a dead terrorist's phone (which held nothing of interest). 

USA Today's Brad Heath has obtained documents showing the FBI's tech secrecy extends even further than its nominal opponents (judges, defense lawyers, defendants). Its secrecy even involves freezing out other players on the same team.

< - >

In case you can't see or read the picture above, here's what the memo says:

Over the past few months, ERF [Engineering Research Facility] has expressed concern about Tech Agents revealing technical details to Case Agents and especially to AUSAs. There have been several instances of AUSAs becoming familiar with our techniques, then resigning and becoming defense lawyers. There also is concern about retiring Agents performing investigative work for defense counsel (i.e. right here in MP).

< - >

So, the FBI will hide information from their own case agents in order to prevent defendants from obtaining the details of the surveillance used to build a case against them. Needless to say, preventing the defense from obtaining these details also prevents judges and juries from hearing them and using those to weigh the Constitutionality of the techniques. 

This secrecy undercuts defendants' rights by denying them the opportunity to challenge the evidence or the methods used to obtain it. It also blows right by the Fourth Amendment by obfuscating the techniques used, a process that begins with search warrant affidavits that deliberately leave out essential details in order to protect the FBI's surveillance secrets. The FBI's cavalier attitude towards the rights of Americans traces back to the days of J. Edgar Hoover. While the agency has moved ahead in terms of technical prowess, the underlying "ends justifies the means" attitude appears unchanged.

--
It's better to burn out than fade away.