United States: Still “Penned” In: Seventh Circuit Holds IP Address Pen Register Orders Still Constitutional After Carpenter

Fri. Oct. 1, 2021 | By Elliot S. Rosenwald , Jayce Born and Ronald Lee – mondaq |

In 2016, Edward Soybel, a disgruntled former employee, began perpetrating cyberattacks against his former employer, W.W. Grainger, Inc. (Grainger), an industrial supply company. One of Grainger’s key service offerings, KeepStock, uses large database tables stored on Grainger’s computers to help its customers keep track of their inventory. By remotely logging into KeepStock and deleting millions of records, Soybel effectively rendered KeepStock useless for several days until Grainger was able to restore the data.

Grainger called in the FBI, which determined that the IP address from which the attacks had been perpetrated belonged to the master router used for all outgoing internet traffic from the large Chicago apartment building in which Soybel resided. To identify which unit in the building had generated the attacks, the FBI had to obtain information from the master router itself, so it sought to place two tracking devices: one to track what IP addresses the master router accessed, and another to track what IP addresses Soybel’s unit accessed (like the Seventh Circuit, we’ll refer to these two devices collectively as a “pen register”). After showing that the IP address information was “relevant to an ongoing investigation,” the FBI obtained an order pursuant to the Pen Register Act and installed the pen register.

By correlating the timing of the IP address data derived from the pen register-but without having access to the contents of the transmissions-the FBI determined that the attacks had emanated from Soybel’s unit. Soybel was arrested and charged with 12 counts of violating the Computer Fraud and Abuse Act and ultimately was convicted by a jury on all 12. On appeal, Soybel argued that the FBI’s use of the pen register without a warrant, which would have required the government to show probable cause rather than just that the information was “relevant” to an investigation, violated his Fourth Amendment rights. In a September 8, 2021 opinion, the Seventh Circuit rejected this argument and affirmed Soybel’s conviction…

Read more here

3G networks are shutting down next year. Here’s what you should know

Thurs. Sept. 30, 2021 | By Heather Kelly – Washington Post |

If you have an old phone, an alarm system or an ankle monitor, your tech could stop working properly next year.

Kami Griffiths has a perfectly fine phone. It’s your standard Samsung Galaxy smartphone with all the important apps, a decent camera and a screen big enough to watch videos. It’s so fine, in fact, she’s had it since 2016 without ever feeling the need to drop hundreds of dollars on an upgrade.

Come next year though, Griffiths won’t have a choice. That’s the current deadline for when the only cellular network her phone can use will shut down forever.

All of the major cellphone carriers — AT&T, Verizon and T-Mobile — are planning to shut their older 3G networks in 2022. Like millions of people in the United States who use 3G phones and other 3G devices, she will have to buy a new device if she wants to text, make calls or even reach 911.

When these deadlines do roll around, Griffith’s own phone could be the least of her problems. Griffiths, who is an executive director and co-founder of Community Tech Network — a nonprofit that focuses on digital literacy in San Francisco — is worried that the group’s clients, a mix of mostly older adults and low-income residents, will find themselves either without a working phone, or could struggle to figure out how to use a new device…

Read more here

NATIONAL SPOTLIGHT – A timeline of missing 22-year-old Gabby Petito’s case

Sept. 16, 2021 | by Christina Maxouris | CNN |

Local and federal authorities are looking for 22-year-old Gabby Petito, who was reported missing by her family over the weekend after she had been traveling with her boyfriend, Brian Laundrie.  Laundrie returned to the pair’s North Port, Florida, home earlier this month without Petito and is now refusing to talk to authorities, police say. Petito’s family and their attorneys have pleaded with Laundrie and his family to cooperate and help bring the girl home.

An attorney for the Laundrie family said in a Tuesday statement his family is “remaining in the background at this juncture and will have no further comment” on the advice of counsel.

Petito is White, about 5 feet, 5 inches tall and 110 pounds, with blonde hair, blue eyes and several tattoos, including one on her finger and one on her forearm that reads, “Let it be.” The FBI has set up a national hotline — 1-800-CALLFBI (225-5324) — to receive tips.

North Port Police Chief Todd Garrison said in a Thursday news briefing that Petito and Laundrie — who Garrison described as the woman’s fiancé — embarked on a cross-country trip in June.  They planned to travel in Petito’s white Ford van to the West Coast and visit state national parks across the Western United States, Garrison said.  She had been excited to share her journey with her family and others on social media, he said.  “She maintained regular contact with her family members during her travels, however that communication abruptly stopped around the end of August,” the police chief added.

Moab, Utah, police had an encounter with the couple on August 12, where officers described them as having “engaged in some sort of altercation.”  Although the two are described as getting into a physical fight following an argument, “both the male and female reported they are in love and engaged to be married and desperately didn’t wish to see anyone charged with a crime,” a report from officer Eric Pratt said.

At officers’ suggestion, the couple separated for the night, the report said, which described Petito as “confused and emotional.” “After evaluating the totality of the circumstances, I do not believe the situation escalated to the level of a domestic assault as much as that of a mental health crisis,” officer Daniel Robbins wrote in the police report. No charges were filed. The couple each had their own cell phones in case of emergency, the report added.

Petito’s family told police they were last in contact with her during the last week of August, North Port police said.  Before that last communication, Petito is believed to have been in Grand Teton National Park in Wyoming, police say.  In a Thursday news conference, Petito family attorney Richard Stafford said the family’s last communication with Petito was August 30, but they do not believe the message they received was from Petito. He declined to share what the message said or why they did not believe it was her writing.

Laundrie returned to the couple’s North Port home, where his parents also live, on September 1, according to police.  The white vehicle Petito and Laundrie had been traveling in was later recovered by police at the home. It was processed and “there was some material in there” that authorities will be going through, North Port police spokesperson Josh Taylor said at a news briefing on Wednesday.

After not being able to get in touch with her, Petito’s family — who lives in New York — reported her missing on Saturday evening to the Suffolk County, New York, Police Department. North Port authorities went to Laundrie’s home on Saturday night asking to speak to him and his family but “we were essentially handed the information for their attorney,” Taylor, the police spokesperson, said. “That is the extent of our conversation with them,” Taylor said.

In a letter read by Stafford, the Petito family attorney, during police’s Thursday news briefing, the missing woman’s family begged for Laundrie’s family to help in the investigation. “Please, if you or your family have any decency left, please, tell us where Gabby is located,” Stafford said. “Tell us if we are even looking in the right place. All we want is for Gabby to come home. Please help us make that happen.” He said Petito’s family reached out to Laundrie’s family earlier this month for any information on where Petito may be, but his family refused to answer. “We haven’t been able to sleep or eat, and our lives are falling apart,” the Petito family’s letter added.

Click here for the full article along with news footage…
Body-worn camera video from Moab (UT) Police Department

Robbery Poses Legal Test for Police Use of Google Location Data

Sept. 14, 2021 | by Andrea Vittorio | Bloomberg Law |

Privacy advocates and criminal defense lawyers are looking to a robbery case in a Virginia federal court as a high-profile legal test for law enforcement’s growing use of location data from Alphabet Inc.’s Google to identify suspects.

The robbery case, which is expected to result in a ruling soon, is considered the first federal example of a criminal defendant challenging the use of a such data as evidence in his indictment. Other courts have weighed in on whether law enforcement should gain access to Google’s location data for their investigations, but few of those opinions are made public or easy to find, because warrant requests and responses are often kept sealed.

The ruling looms as a recently released Google report shows state and local law enforcement are increasingly turning to the tech giant’s trove of user location data in a bid to find suspects for robberies or other crimes. These so-called geofence warrants are based on a virtual perimeter surrounding a geographic area of interest.

Geofence warrants raise questions for privacy protections under the Fourth Amendment and whether law enforcement should use Google’s data in investigations.

“This technology was designed to sell ads, not solve bank robberies,” said Michael Price, litigation director for the Fourth Amendment Center at the National Association of Criminal Defense Lawyers.

Price is defending Okello Chatrie, a man accused of robbing a bank in Richmond, Va., in the case before the U.S. District Court for the Eastern District of Virginia. Law enforcement found Chatrie with the help of location data from Google. Chatrie has pleaded not guilty.

Price expects District Judge M. Hannah Lauck to issue a decision in the case soon, following an oral argument in June. Lawyers from the Justice Department who represent law enforcement in the case didn’t respond to requests for comment.

Click here  for full article…

iPhone 13 LEO satellite support will allow calls with no cell signal

Sunday, August 29, 2021 | By JC Torres | Slash Gear |

Smartphones today have become more than just phones, with fewer people using them for actual calls. But, of course, there will always be people that use these devices as communication endpoints, and those are more dependent on cellular network coverage than any other smartphone functionality. It is, however, still possible to make calls without a cell signal, and that might be one of the iPhone 13’s selling features, thanks to its rumored support for low-earth orbit or LEO satellite communications.

Phone calls, even those made through traditional landlines, work almost like magic. In reality, the process involves a lot of technologies that are sometimes so precariously connected that a problem in a single node can take the whole network down. There are, however, some alternative communication networks that don’t rely on cellular signals, like those using LEO satellites.

The famed Ming-chi Kuo predicts that this is exactly what the iPhone 13 will bring to the mainstream communication market. This will be thanks to a modification that Apple is expected to do with Qualcomm’s Snapdragon X60 modem. While there can be many applications of LEO satellite communication support, the most immediate will probably be making calls and sending messages without cellular network coverage.

This technology isn’t new, of course, but it isn’t exactly easily available in the consumer market. Most satellite phones are large bricks with equally large antennas, so an iPhone 13 with similar functionality will be truly groundbreaking. Kuo does say, however, that such a function might be available in the Qualcomm Snapdragon X65 baseband chip next year.

The market analyst expects that Apple will partner with Globalstar, one of the biggest names in this particular field, to provide satellite communication support. Kuo also believes that this is just the tip of the iceberg, as LEO satellite communication could also find its way into Apple’s AR headset, smart car, and other future IoT products.

Read full article HERE.