Intelligence, N. 384, 14 May 2001, p. 13


USA

FBI TRIES TO LEGALIZE ITS HACKING ABROAD


During the last week of April, in Seattle, two Russian hackers
were indicted on charges of breaking into the networks of
banks, Internet service providers and other companies. The
somewhat routine charges contrast with the unprecedented
methods the FBI used to nab the pair: breaking into their two
Russian-based servers remotely and downloading data from them.
Some high-tech lawyers are concerned that the precedent may be
used to justify indiscriminate, cross-border hacking ... in the
name of the law.

According to court documents filed in the case, the FBI and the
Department of Justice lured two suspected Russian hackers to
Seattle with job offers at a fictitious security company. After
monitoring the duo's connection to two servers in Russia, the
FBI used the suspects' passwords to download incriminating data
from those servers before arresting the pair on 10 November.
The tactic is likely to be challenged in court; if it is deemed
lawful, the precedent could allow domestic and foreign law
enforcement and intelligence services free rein to hack
computers abroad.
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