Identity Theft Secrets

More than one bug can be caught while traveling: Hotel wi-fi dangers

Lisa Carey — Sun, 13 May 2012 05:01:47 +0000

Business travelers won’t leave home without it. Families take it with them like they would a wallet. What is it? It’s a laptop (netbook, tablet, or even an iPad.). There are many reasons for taking it with us when we travel. For some it’s staying on top of work and being available to at least respond to emergencies. For many they can’t leave home or work without it. Carrying our laptop, just like carrying our wallet comes with it’s own set of dangers.

While visiting my father he asked me to take a look at his laptop. Ever since they went on vacation it just hadn’t “worked right.” I asked him if he had his antivirus on “high” and did he use the hotel internet. Finding out he used the free wi-fi at the resort where he and my mother were staying I knew that the search for a nasty little bug (and I don’t mean a bed bug) was going to take some time and possibly even the help of a professional.

The FBI recently released this statement about hotel Wi-Fi dangers:

Malware Installed on Travelers’ Laptops Through Software Updates on Hotel Internet Connections

The FBI warns that “malicious actors are targeting travelers abroad through pop-up windows while they are establishing an Internet connection in their hotel rooms.”

How does this work? Simply speaking, you are trying to connect to the wi-fi system in your hotel room. For many that still means a cord (Ethernet) for others it is simply detecting the network of where you are staying. The next step usually involves connecting to the hotel’s network by providing a password at a prompt on screen or on the internet browser window. While you are doing this a screen pops up and says something like “you must update your …. (insert program here) in order to use this system.” A click or two later and your laptop is going to encounter a “bug” or two.

The most convincing part of this program is, as the FBI warns, “The pop-up window appeared to be offering a routine update to a legitimate software product for which updates are frequently available.”

We’ve talked before about the dangers of internet use while traveling, especially when it pertains to wi-fi services. Maybe the hotel wi-fi service is “spotty.” Maybe your USB drive is stolen . Maybe your restaurant or coffee shop that you are working from, like Starbucks, experiences a security breach. Avoid putting your computer at risk by using your own hot spot connection. Make sure to put your anti virus and malware programs on high. Avoid third party cookies. Check digital certificates before downloading any software program. Perform updates on your system before you leave and in most cases you shouldn’t have to do one again until after you return home.

If you have been a target of a malware “attack” the FBI asks that you report it to IC3’s website at www.IC3.gov. The IC3’s complaint database links complaints together to refer them to the appropriate law enforcement agency for case consideration. The complaint information is also used to identify emerging trends and patterns and to help protect us from every emerging tech type scams.

Find out what other steps you can take to keep your computer safe, from Kapersky Labs.

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uknowkids . . . and now you can help protect them from identity theft and cyber bullying

Lisa Carey — Thu, 10 May 2012 05:55:00 +0000

We’ve talked a lot here about teen troubles when it comes to identity theft, online security, sexting, and even cyber bullying is a real concern as our children start to use more and more technology for both “work” and play. Having information is one good way to help protect them, and reading articles like:

Many parents are asking themselves and others what sort of steps that they can take to know what’s going on IRL (in real life) as well as online with their teens and tweens to keep them safe from identity theft and cyber bullying. One system that not only helps you monitor what is going on in your child’s life, but that also provides you with the tools you need to talk to your children about online and cell phone safety is uknowkids.com.

uknowkids.com allows you to set up a system to monitor whatever you feel is important from texting, images and social networking to even tagging photos and sharing locations. You control the system, instead of it controlling you or your children. Many other systems set it up so that your child is “caught” doing something but it doesn’t tell you what that is. It just keeps, say visiting the wrong website from happening.

With this system, you sync both cell phone and internet use, including cell phones and social networking. You know when and where your child posts a picture and if it’s tagged with a location. You can see, all in one place, who their online friends are. And, but having these tools available to you, you can talk to your child about your concerns and help them achieve a level of responsibility, while you protect them from the dangers that are out there.

Now, here’s the really cool news I have to share with you. uknowkids.com has offered to sponsor 50 of our readers so that they can use uknowkids.com and see for themselves how it works and if they like it or not. Here is your special invitation code, A014591.

Simply visit http://www.uknowkids.com and use your invitation code to take it for a test drive. Let us know here what you like or didn’t like about uknowkids.com and if it is something that can help you as a parent or guardian keep your children safe from online dangers, from cyber bullying to predators to identity theft.

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The Real Deal: PayPal Phishing Scam

Lisa Carey — Mon, 07 May 2012 16:01:05 +0000

Do you ever check you “spam” mail box before deleting it? I do, if nothing else it’s good for a laugh as I am promised long lasting sexual experiences and beautiful brides from Russia, not to mention the millions of dollars I’ll receive just for helping some poor soul out with a money laundering scheme where there really is no money to be laundered. I also find some things that never should have made their way in there, so it’s nice to know there is a place where I can check in and judge for myself.

Yesterday I found a message which appeared to be from PayPal. And, wow it was GOOD! This was quite possibly the most well done phishing scam message I have ever gotten. It includes the images from PayPal, the mailing address, the correct grammar and punctuation and even the correct domain name. It warned me of an impending problem with my account and that I needed to log in to resolve it, while providing a helpful link to use.

I didn’t panic, but I did wonder. First, why DID this go to my Spam mailbox? Other PayPal notices came to this email address and I receive them. Did the email service detect something that I didn’t? Next, I realized that, I never receive official PayPal notices at this email account. It’s a secondary one set up for things like ebay purchases and sales. While I may receive notice of a payment, I never receive official statements about my account. Those all go to my primary email address.

I thought, what’s one more day. If there is something wrong with the account, I can fix it tomorrow. But in the meantime I’m going to report this to PayPal and tell them why. I sent the message to spoof@paypal.com (I have the address saved in my address book but you can also get questions answered online).

Today here’s my response:

Hello xxxx xxxxx,

Thanks for forwarding that suspicious-looking email. You’re right – it
was a phishing attempt, and we’re working on stopping the fraud. By
reporting the problem, you’ve made a difference!

Identity thieves try to trick you into revealing your password or other
personal information through phishing emails and fake websites. To learn
more about online safety, click “Security Center” on any PayPal webpage.

Every email counts. When you forward suspicious-looking emails to
spoof@paypal.com, you help keep yourself and others safe from identity
theft.

Your account security is very important to us, so we appreciate your
extra effort.

Thanks,

PayPal

This email is sent to you by the contracting entity to your User
Agreement, either PayPal Ince, PayPal Pte. Ltd or PayPal (Europe) S.à
r.l. & Cie, S.C.A. Société en Commandite par Actions, Registered Office:
5th Floor 22-24 Boulevard Royal L-2449, Luxembourg RCS Luxembourg B 118
349.

So if it looks suspicious it probably is. It doesn’t hurt to think about your emails before you click that link, open that image or pass it along. I caught it this time. Hopefully by being aware of what’s out there I will catch any attempts at a phishing scam again.

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Former NFL players sacked for identity theft and tax refund fraud

Lisa Carey — Thu, 03 May 2012 15:59:52 +0000

We recently talked about tax refund scams, how they work and what people are doing to steal money from you. Now, just weeks after the income tax filing deadline we hear about three former NFL players facing identity theft and tax fraud chargers.

William Joseph, Michael Bennett and Louis Gachelin, all former NFL players have allegedly made the wrong play call and as a result may be suffering from more like a 15 year, instead of a 15 yard penalty. The former players were arrested by the FBI and are accused of working with a group of individuals on a game plan to steal tax refund checks.

The players:

Michael Bennett was a a first-round draft choice out of Wisconsin in 2001. He played five seasons for the Vikings and went on to play for Kansas City, Tampa Bay, San Diego and Oakland. His team includes William Joseph and Louis Gachelin.

William Joseph ended his career with the Raiders, where he had been teammates with Bennett. From the University of Miami he went on to be know as “the Haitian Sensations’’after he and his brother Carlos teamed up. He was then drafted by the New York Giants and after playing five seasons with the Giants; he spent two years with the Oakland Raiders.

Louis Gachelin started his college and professional career at the Syracuse University, then signed as an undrafted free agent with the New England Patriots in 2004. After his waiver he played in the NFL Europe with the Frankfurt Galaxy as defensive tackle in 2005 and is also the half brother of NFL player Elvis Dumervil.

The game plan

The men, along with their “front line” of five other accused, allegedly filed false income tax returns and received the income tax refunds from those returns. Using a check cashing store front, they cashed the checks. In a separate but related issues, one of the players shared their store front operation with Bennett who then attempted to apply for a $200,000 loan providing falsified bank records and other financial information as collateral for the loan.

How were they benched?

According to PINewswire “During the three-month undercover operation, the defendants negotiated with undercover agents at the store to cash approximately $500,000 in fraudulently obtained tax refund checks. The conversations and transactions between the customers and undercover agents at the store were audio and video recorded by the FBI. The FBI paid the thieves from official FBI funds and none of the tax refund checks were actually cashed.” They were actually videotaped walking into store and signing the checks right there on the premises.

No honor among thieves . . .

Joseph, who brought Bennett to the check cashing store made a rookie mistake and trusted the wrong person. Another defendant Lanny Fried, 34, was caught trying to illegally cash checks and then began cooperating with agents.

In the Miami Herald U.S. Attorney Wifredo Ferrer said identity theft is “America’s fastest-growing crime,” claiming countless legitimate consumers and taxpayers as victims. John V. Gillies, special agent in charge of the FBI’s Miami office states, “Organized criminals are stealing $5 billion and more by fraudulently claiming tax refunds.”

José A. Gonzalez, Special Agent in Charge of IRS-CID, added, “Tax-related identity theft crimes are corrupting our tax system with false information, to the detriment of innocent taxpayers and the United States Treasury. For this reason, IRS is committed, along with our law enforcement partners, to aggressively investigating all parties involved in these crimes, and making sure that no such crime goes undetected.”

If convicted, the numerous charges filed against them could carry a maximum statutory sentence of between five to 15 years in prison.

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Did your DNS change for the worse? Make sure you aren’t getting the wrong Internet address

Lisa Carey — Sun, 29 Apr 2012 17:47:56 +0000

Don’t want to lose your Internet services? Then check your DNS for malware. Sound “Greek” to you? Then this statement from the FBI should get your attnetion.

“To assist victims affected by the DNSChanger malicious software, the FBI obtained a court order authorizing the Internet Systems Consortium (ISC) to deploy and maintain temporary clean DNS servers. This solution is temporary, providing additional time for victims to clean affected computers and restore their normal DNS settings. The clean DNS servers will be turned off on July 9, 2012, and computers still impacted by DNSChanger may lose Internet connectivity at that time.”

As part of a two year long investigation, the FBI arrested and charged six Estonian nationals with running a sophisticated, and fraudulent Internet ring.

The indictment, said Janice Fedarcyk, assistant director in charge of our New York office, “describes an intricate international conspiracy conceived and carried out by sophisticated criminals.” She added, “The harm inflicted by the defendants was not merely a matter of reaping illegitimate income.”

This cyber band of thieves used malware called DNSChanger to:

infect approximately 4 million computers in more than 100 countries.
500,000 infections in the U.S. (individuals, companies and even NASA)
using and manipulating Internet advertising they generated at least $14 million in stolen fees
some instances kept the users’ anti-virus software and operating systems from updating, pulling those machines infected by DNSChanger at risk for more malicious software.

DNS (Domain Name System) is an Internet service that converts domain names into IP addresses. It’s what causes the computers to “talk” to each other so that you may use your computer to visit a site. Without them you would not have any Internet service including email, social networking or access to websites. Criminals have learned that if they can control a DNS, then they can control where you visit, even sending you to sites that you had no intention of visiting or phony sites set up to shadow a real one and collect information and private data from you.

Sometimes those computers that have been subject to DNS malware (software that is malicious) find that that is not the only malware on their computer or hacking its way into their systems.

Checking your DNS to make sure that it is safe from malware is important because without it you could lose your Internet services. While it is best and most effectively tested through a computer professional, it is possible to check you DNS yourself for malware. The other forms of malware may be stealing your username and passwords and sending them off for others to use for fraudulent reasons like identity theft, credit cards and even medical treatment.

You can visit the FI website to check your DNS and make sure that you continue to have the “all clear” to use the Internet. There are testing sites available in a variety of languages. For those that want to test their systems on their own there is a helpful PDF instruction booklet available that will walk you through the various steps needed to test your DNS no matter what time of system you may be operating.

So I did just that. I thought better safe than sorry and while I didn’t consult a professional I did use the site http://www.dcwg.org/detect/ to check my DNS. It was easy, there is no software to download and no looking around to find information that I would need to complete the more intricate steps needed to test my laptop. Actually I didn’t have to do anything but “click” the link provided. Here’s the image you should see and the message =GREEN. Your computer appears to be looking up IP addresses correctly.

If your DNS does show malware or suspicious activity the FBI would like to hear from you. Visit their website and file your complaint using this form.

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Jail time for unpaid debts: Debtors prison making a comeback?

Lisa Carey — Tue, 24 Apr 2012 16:19:45 +0000

Jail time for unpaid debts? Debtors prison? These sound like something straight out of history and a Charles Dickens novel. Unfortunately it isn’t only the ghost of debts past, but for some it also be be ghost of unpaid debts in the present and the future.

Do these facts and figures bother you?

Robin Ebersohl had a loud muffler, but no money to fix it. Instead of getting pulled over because of her car she was arrested and spent three days in jail before her father could pay the $500 to get her released. What was her crime? Unpaid medical bills. She was a truck driver who came down with cancer. She lost her medical insurance when she could no longer work. Medical bills piled up. Eventually she got disability benefits but still couldn’t pay off the bills.

A 53 year-old woman named Vivian Joy was stopped for a broken tail-light in Champaign, Illinois. When the police discovered that she still hadn’t paid $2,200 to a collection agency, she was cuffed and carted off to jail.

Breast cancer survivor Lisa Lindsay didn’t even owe the money. This twenty something teaching assistant received a medical bill that was incorrect. After being told she didn’t have to pay it, it was turned over to a collection agency and she ended up in jail.

How does debtors prison happen?

A credit files with the court. A notice is sent to the person owing money. Does everyone always receive this mail? No probably not. The hearing is held and if they don’t appear then the judgment is filed. A warrant is then issued for the person’s arrest. After bond is made, the money from bond goes straight to the collection agency (sort of like a wage garnishment) because after all if you can pay bail, you should be able to pay your bills right? What about the family member that posted your bail for you? Too bad, so sad, sorry about your luck.

In Pennsylvania, the criminal court charges for police transport, sheriff costs, state court costs, postage, and “judgment.” Now you not only owe your debt, but you also out the court system.

The Wall Street Journal reports:

More than a third of all U.S. states allow borrowers who can’t or won’t pay to be jailed.
Judges have signed off on more than 5,000 such warrants since the start of 2010 in nine counties with a total population of 13.6 million people.
AIG got a $122.8 billion bailout from the federal government. Jeffrey Stearns happened to owe AIG $4,000 on a loan for his pickup truck. Jeffery was picked up and arrested. He was strip searched, sprayed for lice and spent two days in jail.

AIG wasn’t the only bank to receive a bailout. Many others did too, but consumers are spending time in jail, even after government bailouts and selling unpaid debts to collection agencies actually “make them whole.”

Debtors’ prison is actually illegal, but that doesn’t mean that people aren’t spending time in jail for unpaid debts. In this NPR article, Illinois Attorney General Lisa Madigan says she thinks more can be done. It’s illegal in Illinois for people to be sent to jail because they’re in debt. But Madigan thinks some creditors are abusing the law.

What do the experts say about debtors prison?

“You wouldn’t be in that predicament if you didn’t have debt,” Madigan says. “But for being in debt, you wouldn’t be in prison. And that essentially equates to being thrown in jail, debtors’ prison.” ”Creditors have been manipulating the court system to extract money from the unemployed, veterans, even seniors who rely solely on their benefits to get by each month,” Illinois Attorney General Lisa Madigan said last month in a statement voicing support for the legislation. “Too many people have been thrown in jail simply because they’re too poor to pay their debts. We cannot allow these illegal abuses to continue.”

“The law enforcement system has unwittingly become a tool of the debt collectors,” said Michael Kinkley, an attorney in Spokane, Wash., who has represented arrested debtors. “The debt collectors are abusing the system and intimidating people, and law enforcement is going along with it.”

“It’s just one more blow for people who are already struggling,” said Beverly Yang, a Land of Lincoln Legal Assistance Foundation staff attorney who has represented three Illinois debtors arrested in the past two months. “They don’t like being in court. They don’t have cars. And if they had money to pay these collectors, they would.”

A 2010 report by the American Civil Liberties Union that focused on only five states — Georgia, Louisiana, Michigan, Ohio, and Washington — found that people were being jailed at “increasingly alarming rates” over legal debts.

According to the ACLU: “The sad truth is that debtors’ prisons are flourishing today, more than two decades after the Supreme Court prohibited imprisoning those who are too poor to pay their legal debts. In this era of shrinking budgets, state and local governments have turned aggressively to using the threat and reality of imprisonment to squeeze revenue out of the poorest defendants who appear in their courts.”

Think arrest should be stopped for unpaid bills? Tell Your Lawmakers: Shut Down The New Debtors’ Prisons. What’s next breaking legs?

Or maybe you agree . . . maybe you think “you do the crime, you do the time” as some comments on the articles referenced here state. Some call it “stealing” while others say that in today’s economy you would be hard pressed to find someone that doesn’t have unpaid bills.

Watch this video on Debtors’ Prison and let us know what you think.

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Bodacious babe caused FBI to nail alleged Anonymous hacker

Lisa Carey — Mon, 16 Apr 2012 16:17:32 +0000

They are nameless, faceless and anonymous. They are hackers extraordinaire. Some refer to them as a modern day “Robin Hood” as they steal from the data wealthy and give to the poor.” Others disagree and say there is nothing heroic about their efforts. But recently one of them turned “traitor” to stay out of jail and another one was “nailed” by the FBI all thanks to one “bodacious” babe.

Higinio Ochao III, was recently charged as one of the Anonymous, CabinCr3w, that hacked into law enforcement databases, collecting and releasing the names, addresses and telephone numbers of police officers across the United States. This could have put a number of law enforcement officials, as well as their families in danger.

This Linux administrator is also being accused of hacking the websites of the Alabama and Texas departments of public safety in February in support of the occupy movement. This criminal complaint alleges that Ochoa, who went by the Twitter handle @Anonw0rmer and that while hacking in the County of Houston’s website in Alabama Agent Scott Jensen says,

“The attacker created fake events on their online calendar, posted images representing Anonymous and CabinCr3w, deleted all the administrator accounts except the one created by the attacker. All of this was accomplished by gaining unauthorized administrator access to the site’s control panel.”

Ochao strongly denies working with the FBI and other law enforcement officials, but seems to have no problem sharing his disdain for their organization and their interrogation techniques. You can find what appears to be his full statement on PasteBin.

So how did this protestor extraordinaire get busted for hacking? It’s a tale as old as the Bible. Some would say it’s a modern day version of Samson and Deliliah. It’s hard to tell if it was a beautiful woman that caused him to be busted, but law enforcement officials are claiming it to be one great big “bust” based on a bodacious babes boobs. Yes, that is some of the evidence against Ochao.

Apparently Ochao tooks some pictures of his Australian girlfriend and posted them on his Facebook account, Twitter feed and on his websites. If you can look past her size to the sign you will see the statement “PwNd by w0rmer & CabinCr3w <3 u BiTch’s !”

The Twitter account directed followers to a website on which they could find more information about the ”oppression by police departments around the world … EVERY police department is at risk and will remain that way …” Another featured a picture of a woman with a sign stating ”We Are ALL Anonymous We NEVERForgive. We NEVER Forget. <3 @Anonw0rmer”.

You can not see the woman’s face in any of the photos but that doesn’t stop the FBI, which claims in the affidavit, that the same woman seems to be appearing in all the photos. (Photos available at Daily Mail News)

Most of us aren’t hackers, but we have been warned of the dangers of our location being found as we take, upload and share photos taken from our Smartphones and iPhone. For most of us the danger of doing so probably won’t lead to an arrest, but for many it could lead to it’s own set of problems.

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Taxes and identity theft: Tax day approaches the risk increases

Lisa Carey — Fri, 13 Apr 2012 16:10:25 +0000

With just days left to file your taxes in a timely manner, law enforcement agencies across the United States are reporting an increase in tax refund identity theft.

During an interview with Hampton Police Captain Derrick Austin on WSB Radio Captain Austin reports, ”The suspect’s are getting the victim’s information, filing the return as if they were that person, and then getting the refund.” “Victims don’t know they’ve been targeted until they file their own return and get notified by the IRS that someone has already filed a return in their name.”

ABC news reports,0 “Tax-related identity theft has doubled over the past two years and now makes up the single largest category of the crime. In 2009, only 12 percent of identity theft was related to taxes. Now tax identity theft makes up 24 percent of all ID theft crimes reported to the Federal Trade Commission.”

CBS News reports . . . “Stole identities and filed about 2,000 tax returns and received or attempted to receive about $1.8 million in fraudulent refunds,” said Special Agent Bryan Thiel with the IRS Criminal Investigation Unit. “The Federal Trade Commission says it’s now getting about 50,000 identity theft complaints a week, mostly tax refund thefts. In the end it could cost the federal government billions of dollars.”

One of the most common scams this year involved the American Opportunity Tax Credit. The Washington Times reports, “The IRS says this is how it works: the con artist tells the taxpayer he or she can file for a tax refund based on the American Opportunity Tax Credit. This is an education credit. The scam artists falsely convinces the victim he or she can still file for the refund even if they went to school years before. They offer to help file, then get the taxpayer’s personal information, and file a bogus refund.”

Other scams are more simplified. Identity thieves simply use your name and social security number, their address and a prepaid, reloadable debit card and fill out the paperwork, online. Because they are filing an electronic return it is much easier to manipulate the payments and information in order to guarantee a return. They then accept the “credit card” return that some services offer or they use their own prepaid card information that they bought using the fake name and have the tax refund credited to the card. Some have even received checks!

The main problem is that you don’t know that you have been taken advantage of until the deed is done. When you file, you receive the notice that you have already filed for this year and all the warning bells and signs start to go off. You now have to prove your identity, which sometimes is easier said than done. Money that you may have been counting on is no longer available to you and won’t be until the false filing is resolved.

How can you protect yourself from identity theft of your tax return?

protect your information
if you are filing your taxes on a public computer, such as the library make sure you don’t save it to the computer, are using a secure network and save your return to a flash drive so you can take it home for later reference.
avoid links or images that you receive in email, especially from those you don’t know. They may contain keylogger, malware or other types of virus programs that provide opportunities to steal your information.
Verify any phone calls, letters, or fax from someone claiming to be with the IRS, by calling 1-800-829-1040.
Remember the IRS never contacts taxpayers by email.
File early.
You should always get your refund within one month of filing it electronically. Ninety percent of all refunds are issued within 21 days. You can check its status at this IRS webpage.
Call the IRS at 1-800-908-4490 if you suspect or have been a victim of tax related identity theft.
Visit the IRS online here for more information about tax related identity theft and the latest scams on its website.

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Cell phone tracking becomes common practice by law enforcement

Lisa Carey — Tue, 10 Apr 2012 17:24:33 +0000

Cell phones are wonderful things. It’s my calendar, my address book, my phone, and Internet. I can read books, check the weather, play games and stay in contact with all my friends and family. Last minute plans can be changed and pictures can be shared. But we also have some dangers and privacy issues associated with cell phones, including the use of tracking tools by law enforcement agencies with little or no protection from this use.

We know that there are some risks associated with using our cell phones like:

Geotagging of our photos
Wireless services that aren’t secure
SMS (Text messaging) fraud
Mobile phone security issues

The New York Times, using 5,500 pages of law enforcement documents received from an ACLU study on this topic, in this report reveals that the very organizations that are supposed to be keeping us safe, may be gaining information from our cell phones without us even knowing it and with little, if any rules or regulations governing this practice.

We have all seen a television crime drama where the police use an individuals cell phone to track down the killer/rapist/kidnapper/stalker as they read through text messages, access the web pages used on the SmartPhone, contact everyone in the contact book and use GPS tracking. We have also heard real life, true crime stories were cell phone and their built in GPS systems may even save someone’s life. Surveillance of cell phones and tracking has even saved some lives, during an attempted or threatened suicide.

Cell phone surveillance used to be something only federal agents and agencies had the tools to do. But now police departments large and small can also have these tools to tap into your talk and text time, and a whole lot more. A review by the ACLU (American Civil Liberties Union), with responses from over 200 police departments, revealed that cell phone tracking without virtue of a warrant or subpoena, is not unusual, it has actually become a common practice.

“The overwhelming majority of the over 200 law enforcement agencies that provided documents engaged in at least some cellphone tracking — and many track cellphones quite frequently,” the ACLU found. And only 10 agencies said that they have never tracked cellphones. ”

The issues is becoming even more important to address, as the United States Supreme Court recently ruled that using a GPS (Global Positioning Service) on a suspects car violated his 4th Amendment rights against unreasonable search and seizure. Since cell phone now have GPS, wouldn’t that protection also extend to cell phones? So far, it doesn’t in most states.

Dan Silverstein, past president of Nevada Attorneys for Criminal Justice called cellphone tracking without a court warrant “a key civil liberty issue and constitutional concern.” He added “police in North Las Vegas and Las Vegas routinely use cellphone records to track people involved in investigations. It has become almost standard in the cases I see,” Silverstein said. “Sometimes they obtain a warrant; sometimes they don’t.”

Joel R. Reidenberg, founding academic director of the Center on Law and Information Policy at Fordham University in New York found it disturbing that such tracking “enables others to learn systematically everywhere I go every time I step out of my door.” This takes activity in public that “may become something that’s private” — a pattern of behavior.

“It’s become run of the mill,” said Catherine Crump, an A.C.L.U. lawyer who coordinated the group’s gathering of police records. “And the advances in technology are rapidly outpacing the state of the law.”

If you worry about your cell phone privacy you can ask Congress to support the GPS Act.

From the ACLU website . . . Sen. Ron Wyden & Rep. Jason Chaffetz introduced the Geolocation Privacy and Surveillance Act in the House and Senate to protect location privacy. The bills require law enforcement to get a warrant based on probable cause before accessing location information and also regulate the use of this information by business. With location tracking cases rising up all over the country this would provide a strong and clear national standard for law enforcement

Sources:

LA Times

Care2.com

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Social networking passwords requested by prospective employers

Lisa Carey — Tue, 03 Apr 2012 16:30:10 +0000

It’s a tough economy out there. There are plenty of people looking for jobs, and if job applications and competition among other applicant’s wasn’t tough enough now potential employers may be adding one more line to that form; one that says “What is your Facebook/Twitter/Other social networking site password?” Would you provide it?

It’s an unfortunate trend for employers to ask, possibly even during an interview, for your social networking password. Now we have all heard of how some potential employers may ask for a link to your Facebook or Twitter page, and yes some job counselors can even attempt to justify this questions, saying that potential employers or schools are trying to see if you “fit” into their culture or work ethic. But gaining access to your password goes one step beyond what your personal profile may reveal, allowing them access to photos, activities and events even that you have marked for “friends” or “family” only.

Some argue that it’s no big deal and they will just change their password after they walk out of the interview. However, I wonder, isn’t this a violation of our rights. For example, there are certain questions that potential employers aren’t allowed to ask, like about your marital status, sexual orientation or family status (pregnant or have children). By accessing these pages they gain this knowledge without every having to ask the questions.

Here is what some experts have to say:
“It’s akin to requiring someone’s house keys,” said Orin Kerr, a George Washington University law professor and former federal prosecutor who calls it “an egregious privacy violation.” (USA Today)

The Department of Justice regards it as a federal crime to enter a social networking site in violation of the terms of service, but during recent congressional testimony, the agency said such violations would not be prosecuted. (USA Today)

“When it comes to feeding one’s family and taking care of one’s family that is always a highest priority, and a lot of us would prioritize that over privacy concerns,” said UC Davis Professor Andy Jones, a social-media expert. (ABC Local- Sacramento)

As a user, you shouldn’t be forced to share your private information and communications just to get a job. And as the friend of a user, you shouldn’t have to worry that your private information or communications will be revealed to someone you don’t know and didn’t intend to share with just because that user is looking for a job. That’s why we’ve made it a violation of Facebook’s Statement of Rights and Responsibilities to share or solicit a Facebook password. (Facebook statement/Clutch Magazine)

Facebook’s Privacy Chief says,

If you are a Facebook user, you should never have to share your password, let anyone access your account, or do anything that might jeopardize the security of your account or violate the privacy of your friends. We have worked really hard at Facebook to give you the tools to control who sees your information.

As a user, you shouldn’t be forced to share your private information and communications just to get a job. And as the friend of a user, you shouldn’t have to worry that your private information or communications will be revealed to someone you don’t know and didn’t intend to share with just because that user is looking for a job. That’s why we’ve made it a violation of Facebook’s Statement of Rights and Responsibilities to share or solicit a Facebook password.

Senator Richard Blumenthal, a Connecticut Democrat, told Politico about a bill he is working on that would prohibit employers and prospective employers from requesting access to Facebook accounts, comparing the process with polygraph tests, calling it an “unreasonable invasion of privacy,” and saying: “I am very deeply troubled by the practices that seem to be spreading voraciously around the country. The coercive element of the request really makes it less than voluntary.”

However some potential employers say “What are you hiding?” ”What do you have posted that you don’t want us to know?” Sort of a guilty until proven innocent theory at work here isn’t it?

So, what do you think? Would you share your password to your social networking sites in a job interview? What’s next? Access to your banking or credit card statements, or your telephone or cable television records? After all those activities can be accessed online too.

Some Agencies, Colleges Now Ask for Social Media Passwords: MyFoxPHOENIX.com

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