police

The government of the Australian state of New South Wales has unveiled plans to give state police the power to hack into computers remotely, with owners potentially remaining in the dark about the searches for up to three years.

The new powers are part of a package introduced into parliament last week by Premier Nathan Rees. Broadly, they aim to give police the right to apply for covert search warrants from the Supreme Court to gather evidence in cases that could involve serious indictable offenses punishable by at least seven years' imprisonment.

Judges issuing the new warrants could authorize owners … Read more

Police Blotter is a regular CNET News report on the intersection of technology and the law.

What: California man accused of molesting his stepdaughter says her AOL "away" message calls her credibility into question.

Outcome: Conviction upheld on February 26.

What happened, according to court documents and other sources: Earl Eugene Cannedy was accused of sexual molestation. Specifically, he was charged with oral copulation of someone who could not resist because of intoxication, and oral copulation of someone under 18 years old.

Cannedy raised an unusual defense: it involved an exculpatory "away" message one of the … Read more

Police Blotter is a regular CNET News report on the intersection of technology and the law.

What: Defendants in Florida and Virginia, each arrested after being stopped for speeding, claim warrantless searches of their handheld devices violates the Fourth Amendment.

Outcome: One federal judge rejects the warrantless search as illegal, while a federal appeals court upholds it as perfectly OK.

What happened, according to court documents and other sources: Anyone who relies on a handheld device for e-mail, Web browsing, note, and scheduling knows how well it knows them. Modern gadgets contain enough data about us to raise alarms about … Read more

Police Blotter is a regular CNET News report on the intersection of technology and the law.

What: A Minnesota man accused of drunk driving says he should be able to review the source code of the Intoxilyzer 5000EN breathalyzer used by police.

When: Minnesota Court of Appeals rules on January 13.

Outcome: Request for source code rejected.

What happened, according to court documents and other sources: If police think you're driving while intoxicated, they'll probably demand that you blow into a tube connected to a simple portable computer. Your breath flows into a chamber with an infrared light … Read more

Police Blotter is a regular CNET News report on the intersection of technology and the law.

What: Florida man appeals a first-degree murder conviction based on circumstantial evidence, including Google searches related to gunshot wounds.

When: State appeals court rules on January 23, 2009.

Outcome: Appeal denied and conviction upheld.

What happened, according to court documents and other sources: On the evening of August 17, 2002, Justin Barber was shot four times while walking on a deserted beach in Florida. Bullets hit his left hand, his left shoulder, the base of his neck, and his chest. His wife April was … Read more

Police Blotter is a regular CNET News report on the intersection of technology and the law.

What: A self-described girl lover with no criminal record is ordered to cease posting images of young girls on a Web site, even if the photographs were taken in public places.

When: California appeals court rules on January 15, 2009.

Outcome: Restraining order stays intact.

What happened, according to court documents and other sources: Jack McClellan enjoys the dubious distinction of being the Internet's most famous pedophile. The self-described connoisseur of prepubescent girls promoted his Web site as the "premier site of … Read more

Police Blotter is a regular CNET News report on the intersection of technology and the law.

What: Google searches for phrases including "hit-and-run" nab California investment banker who claimed he believed he killed a deer instead of a person.

When: California appeals court rules on January 14, 2009.

Outcome: Conviction upheld.

What happened, according to court documents and other sources: At about 9:00 p.m. on January 11, 2005, 55-year-old Gurdeep Kaur was dropped off on Moraga Boulevard, across the street from her home near Lafayette, Calif. She was on her way back from Terzetto Cuisine, an … Read more

Police Blotter is a regular CNET News report on the intersection of technology and the law.

What: Police claim they can legally copy data from the handheld devices of anyone who's arrested.

When: Two judges wrestle with concepts including privacy, the Fourth Amendment, and searches, and reach two different conclusions.

What happened, according to court records and other documents: Handheld gadgets and laptops seem to know us better than our spouses do. They know whom we talk to, which Web sites we visit, whose e-mail we ignore, and with a little extra smarts, they could probably offer an educated … Read more

Police Blotter is a regular CNET News report on the intersection of technology and the law.

What: Feds want to eavesdrop on touch tones pressed during phone calls without obtaining a court-authorized wiretap order first.

When: U.S. Magistrate Judge James Orenstein in the Eastern District of New York rules on December 16, 2008.

Outcome: Surveillance request rejected.

What happened, according to court records and other documents: Just about everyone knows that the FBI must obtain a formal wiretap order from a judge to listen in on your phone calls legally. But the U.S. Department of Justice believes that … Read more