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"F.B.I. Use of New Technology to Gather Evidence Challenged" 
New York Times (07/30/01) P. C7; Schwartz, John 

The case of the United States v. Scarfo has sparked a major
debate over how law enforcement can use technology to collect
information and when the accused can claim a violation of
their right to privacy. In the case of Nicodemo S. Scarfo's
case--which involves charges of overseeing gambling and loan
shark operations for the Gambino crime family--law enforcement
downloaded his personal computer, but after investigators
discovered encrypted messages, they returned to Scarfo's house
with a key logger system that records all keystrokes ever
typed on a computer and found the encryption password that led
to the discovery of illegal gambling and loan activities.
Scarfo and his lawyers argue that law enforcement should have
obtained an electronic communications wire tap order before
searching Scarfo's computer with the technology, since the key
logger is similar to a wire tap. Government surveillance
expert Mark Rasch is concerned about the key logger technology
and suggests constitutional implications be considered before
its continued use in the field. (www.nytimes.com/) 

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