AP sues DOJ over pretending to be a journalist

AP sues DOJ over pretending to be a journalist (Full Version)

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KenDckey -> AP sues DOJ over pretending to be a journalist (8/27/2015 4:46:51 PM)
https://www.yahoo.com/tech/s/ap-sues-over-access-fbi-records-involving-fake-133731321--politics.html DOJ sent spyware to some kids computer after posing as an AP journalist. No wonder people don't trust journalists.

Thegunnysez -> RE: AP sues DOJ over pretending to be a journalist (8/27/2015 5:08:18 PM)
While i am not unaware of the violations of the FBI. I do find it interesting that there was no mention of the outcome of the investigation. Was the kid making bombs?

KenDckey -> RE: AP sues DOJ over pretending to be a journalist (8/27/2015 5:40:01 PM)
that I have no clue. Although germain to a prosecution, I don't believe it justifies the method of getting information short of a warrant. And if there is a warrant allowing such deception, it should be public record, thus they should provide it to AP. I also think that it provides grounds for the defense to exclude any information because it was deceptive quite possibly.

Thegunnysez -> RE: AP sues DOJ over pretending to be a journalist (8/27/2015 6:13:07 PM)
quote: ORIGINAL: KenDckey that I have no clue. Although germain to a prosecution, I don't believe it justifies the method of getting information short of a warrant. And if there is a warrant allowing such deception, it should be public record, thus they should provide it to AP. I also think that it provides grounds for the defense to exclude any information because it was deceptive quite possibly. That is the exact exclusion SCOTUS used when it ruled on Mohamed Ali...no warrant for the wiretaps.

JVoV -> RE: AP sues DOJ over pretending to be a journalist (8/27/2015 9:26:50 PM)
I don't see a case here. Undercover work is a standard practice in law enforcement.

MrRodgers -> RE: AP sues DOJ over pretending to be a journalist (8/28/2015 6:09:38 AM)
quote: ORIGINAL: JVoV I don't see a case here. Undercover work is a standard practice in law enforcement. But intrusions of this kind require a warrant. There was a big gambling ring sting in Vegas recently that was thrown out of court because law enforcement posed as cleaning crew to get evidence, in violation of the 4th amend. Everything they got from that bad act was thrown out.

JVoV -> RE: AP sues DOJ over pretending to be a journalist (8/28/2015 7:06:42 AM)
I agree that there is likely to be problems with the evidence. I just don't see how the AP would have a case.

KenDckey -> RE: AP sues DOJ over pretending to be a journalist (8/28/2015 8:28:35 AM)
quote: ORIGINAL: JVoV I agree that there is likely to be problems with the evidence. I just don't see how the AP would have a case. Are you suggesting that public records should be kept secret then?

JVoV -> RE: AP sues DOJ over pretending to be a journalist (8/28/2015 11:54:56 AM)
They're probably quite boring anyway. My concern is for the journalists that are already in harm's way, especially the ones reporting on ISIS. Did we really need to expose a tactic that the FBI (and probably the CIA abroad) is using to infiltrate and defeat terrorists? I also don't believe the press has a right to all of the information about an ongoing investigation until it is presented in court. And for a child, these records may be sealed anyway.

KenDckey -> RE: AP sues DOJ over pretending to be a journalist (8/28/2015 12:45:31 PM)
quote: ORIGINAL: JVoV They're probably quite boring anyway. My concern is for the journalists that are already in harm's way, especially the ones reporting on ISIS. Did we really need to expose a tactic that the FBI (and probably the CIA abroad) is using to infiltrate and defeat terrorists? I also don't believe the press has a right to all of the information about an ongoing investigation until it is presented in court. And for a child, these records may be sealed anyway. I think the thread is about public documents. Doesn't matter if they are boring to you, me or anyone else. Public means that anyone with a desire can read them. Children's documents are almost always sealed. We weren't discussing the CIA or terrorists, sho I have no clue where that came from.

MercTech -> RE: AP sues DOJ over pretending to be a journalist (8/28/2015 2:47:00 PM)
I see AP's case as akin to identity theft on the part of the FBI in order to insert malware onto a suspect's computer. Is appropriating someone's name in order to carry out is an unlawful act cause for a suit for damages? The case is about appropriating a name without permission regardless of why it was done. And, inserting malware into someone's computer to gather information, as done by the FBI, is a violation of the Computer Fraud & Abuse Act. But, meh, no one expects law enforcement to play by the rules us menial plebes must play by. www.law.cornell.edu/uscode/18/1030.htm

JVoV -> RE: AP sues DOJ over pretending to be a journalist (8/28/2015 4:46:29 PM)
quote: ORIGINAL: KenDckey quote: ORIGINAL: JVoV They're probably quite boring anyway. My concern is for the journalists that are already in harm's way, especially the ones reporting on ISIS. Did we really need to expose a tactic that the FBI (and probably the CIA abroad) is using to infiltrate and defeat terrorists? I also don't believe the press has a right to all of the information about an ongoing investigation until it is presented in court. And for a child, these records may be sealed anyway. I think the thread is about public documents. Doesn't matter if they are boring to you, me or anyone else. Public means that anyone with a desire can read them. Children's documents are almost always sealed. We weren't discussing the CIA or terrorists, sho I have no clue where that came from. Really? You wouldn't expect bomb threats on a school to be handled as possible acts of terrorism? I suppose you haven't noticed the 70+ journalists killed by ISIS already? I feel like there are some stories better told another day.

KenDckey -> RE: AP sues DOJ over pretending to be a journalist (8/28/2015 6:06:25 PM)
quote: ORIGINAL: JVoV quote: ORIGINAL: KenDckey quote: ORIGINAL: JVoV They're probably quite boring anyway. My concern is for the journalists that are already in harm's way, especially the ones reporting on ISIS. Did we really need to expose a tactic that the FBI (and probably the CIA abroad) is using to infiltrate and defeat terrorists? I also don't believe the press has a right to all of the information about an ongoing investigation until it is presented in court. And for a child, these records may be sealed anyway. I think the thread is about public documents. Doesn't matter if they are boring to you, me or anyone else. Public means that anyone with a desire can read them. Children's documents are almost always sealed. We weren't discussing the CIA or terrorists, sho I have no clue where that came from. Really? You wouldn't expect bomb threats on a school to be handled as possible acts of terrorism? I suppose you haven't noticed the 70+ journalists killed by ISIS already? I feel like there are some stories better told another day. Might be but that isn't the job of journalism. That is a job for the censor.

Thegunnysez -> RE: AP sues DOJ over pretending to be a journalist (9/3/2015 9:05:48 AM)
quote: And, inserting malware into someone's computer to gather information, as done by the FBI, is a violation of the Computer Fraud & Abuse Act. But, meh, no one expects law enforcement to play by the rules us menial plebes must play by. www.law.cornell.edu/uscode/18/1030.htm Isn't it interesting how the police do that on a regular bassis.

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