Scarfo "keylogger", PGP

[Peter Fairbrother]

The "keystroke capture component" (which does not work when the modem is
operating) would capture email when composed offline before transmission. I
don't know whether this needs a wiretap warrant or not, but in effect it is
tapping email, during a part of it's journey from brain to brain.

The "PGP-key capture component" only captured the PGP logon, and wouldn't
capture email in any case. It would work when the modem was working (on
something else).

The encrypted data on Scarfo's computer may or may not include email, which
the PGP key would decode, but the FBI were authorised to seize business
records, not email. Perhaps the FBI might not be allowed to decrypt or look
at any email found, though in practice it would be nearly impossible to stop
them doing so.

The affidavit is extremely complex and hard to unravel, whether to try to
preserve secrecy, in the hope that it will confuse the defence/Court, or
perhaps it's just legalese, I don't know.


-- Peter Fairbrother

> David Wagner wrote:

> It seems the FBI hopes the law will make a distinction between software
> that talks directly to the modem and software that doesn't.  They note
> that PGP falls into the latter category, and thus -- they argue -- they
> should be permitted to snoop on PGP without needing a wiretap warrant.
> 
> However, if you're using PGP to encrypt email before sending, this
> reasoning sounds a little hard to swallow.  It's hard to see how such a
> use of PGP could be differentiated from use of a mail client; neither
> of them talk directly to the modem, but both are indirectly a part of
> the communications path.  Maybe there's something I'm missing.
> 
> If you're using PGP to encrypt stored data only, though, then I can
> see how one might be able to make a case that use of PGP should be
> distinguished from use of a mail client.
> 
> Does anyone know what PGP was used for in this case?  Was it used only
> for encrypting stored data, or was it also used from time to time for
> encrypting communications?




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