The FBI Is Apparently Paying Geek Squad To Dig In Computers

[GURPS]

The FBI Is Apparently Paying Geek Squad Members To Dig Around In Computers For Evidence Of Criminal Activity
from the maybe-these-are-the-'smart-people'-who-can-fix-Comey's-encryption-&# dept

Law enforcement has a number of informants working for it and the companies that already pay their paychecks, like UPS, for example. It also has a number of government employees working for the TSA, keeping their eyes peeled for "suspicious" amounts of cash it can swoop in and seize.

Unsurprisingly, the FBI also has a number of paid informants. Some of these informants apparently work at Best Buy -- Geek Squad by day, government informants by… well, also by day.

According to court records, Geek Squad technician John "Trey" Westphal, an FBI informant, reported he accidentally located on Rettenmaier's computer an image of "a fully nude, white prepubescent female on her hands and knees on a bed, with a brown choker-type collar around her neck." Westphal notified his boss, Justin Meade, also an FBI informant, who alerted colleague Randall Ratliff, another FBI informant at Best Buy, as well as the FBI. Claiming the image met the definition of child pornography and was tied to a series of illicit pictures known as the "Jenny" shots, agent Tracey Riley seized the hard drive.​

Not necessarily a problem, considering companies performing computer/electronic device repair are legally required to report discovered child porn to law enforcement. The difference here is the paycheck. This Geek Squad member had been paid $500 for digging around in customers' computers and reporting his findings to the FBI. That changes the motivation from legal obligation to a chance to earn extra cash by digging around in files not essential to the repair work at hand.

More of a problem is the FBI's tactics. While it possibly could have simply pointed to the legal obligation Best Buy has to report discovered child porn, it proactively destroyed this argument by apparently trying to cover up the origin of its investigation, as well as a couple of warrantless searches.

Setting aside the issue of whether the search of Rettenmaier's computer constituted an illegal search by private individuals acting as government agents, the FBI undertook a series of dishonest measures in hopes of building a case, according to James D. Riddet, Rettenmaier's San Clemente-based defense attorney. Riddet says agents conducted two additional searches of the computer without obtaining necessary warrants, lied to trick a federal magistrate judge into authorizing a search warrant, then tried to cover up their misdeeds by initially hiding records.​

 

[Merlin99]

The FBI Is Apparently Paying Geek Squad Members To Dig Around In Computers For Evidence Of Criminal Activity
from the maybe-these-are-the-'smart-people'-who-can-fix-Comey's-encryption-&# dept

Law enforcement has a number of informants working for it and the companies that already pay their paychecks, like UPS, for example. It also has a number of government employees working for the TSA, keeping their eyes peeled for "suspicious" amounts of cash it can swoop in and seize.

Unsurprisingly, the FBI also has a number of paid informants. Some of these informants apparently work at Best Buy -- Geek Squad by day, government informants by… well, also by day.

According to court records, Geek Squad technician John "Trey" Westphal, an FBI informant, reported he accidentally located on Rettenmaier's computer an image of "a fully nude, white prepubescent female on her hands and knees on a bed, with a brown choker-type collar around her neck." Westphal notified his boss, Justin Meade, also an FBI informant, who alerted colleague Randall Ratliff, another FBI informant at Best Buy, as well as the FBI. Claiming the image met the definition of child pornography and was tied to a series of illicit pictures known as the "Jenny" shots, agent Tracey Riley seized the hard drive.​

Not necessarily a problem, considering companies performing computer/electronic device repair are legally required to report discovered child porn to law enforcement. The difference here is the paycheck. This Geek Squad member had been paid $500 for digging around in customers' computers and reporting his findings to the FBI. That changes the motivation from legal obligation to a chance to earn extra cash by digging around in files not essential to the repair work at hand.

More of a problem is the FBI's tactics. While it possibly could have simply pointed to the legal obligation Best Buy has to report discovered child porn, it proactively destroyed this argument by apparently trying to cover up the origin of its investigation, as well as a couple of warrantless searches.

Setting aside the issue of whether the search of Rettenmaier's computer constituted an illegal search by private individuals acting as government agents, the FBI undertook a series of dishonest measures in hopes of building a case, according to James D. Riddet, Rettenmaier's San Clemente-based defense attorney. Riddet says agents conducted two additional searches of the computer without obtaining necessary warrants, lied to trick a federal magistrate judge into authorizing a search warrant, then tried to cover up their misdeeds by initially hiding records.​

At $500 a shot; they probably have a stash of pics that can be placed on the hard drive every time.

 

[GURPS]

At $500 a shot; they probably have a stash of pics that can be placed on the hard drive every time.

that was mentioned, multiple times in the comment section .....
I'd be more concerned at the FBI's attempt to conceal the facts of the case and the FACT the picture was found in the 'unallocated' space - aka had been deleted

an area of the hard drive already ruled in another case as not evidence the 'owner' of the PC is the one who 'accessed or downloaded the picture'


from the OP:

In addition to these problems, the file discovered by the Best Buy tech was in unallocated space… something that points to almost nothing, legally-speaking.

n Rettenmaier's case, the alleged "Jenny" image was found on unallocated "trash" space, meaning it could only be retrieved by "carving" with costly, highly sophisticated forensics tools. In other words, it's arguable a computer's owner wouldn't know of its existence. (For example, malware can secretly implant files.) Worse for the FBI, a federal appellate court unequivocally declared in February 2011 (USA v. Andrew Flyer) that pictures found on unallocated space did not constitute knowing possession because it is impossible to determine when, why or who downloaded them.

 

[vraiblonde]

My understanding is they are paid to dig, not find. As in, they get $500 whether or not they find anything incriminating.

Or no?

I'm going to take this with a grain of salt because I find it hard to believe that the mostly inept Geek Squad would be working for the FBI. And what does that mean, do all Geek Squad techs work for the fed? If not, how do they choose which ones to recruit and where? Do they take already FBI agents and stick them undercover with Geek Squad? So if I happen to run into one of them who actually knows his ####, I should go AHA! You must be an FBI agent!

 

[PeoplesElbow]

Recovering files in the un-allocated space is not that hard. Anyone can download a free program off the internet and "undelete" thousands of files on their own computer.

 

[GURPS]

My understanding is they are paid to dig, not find. As in, they get $500 whether or not they find anything incriminating.

Or no?

The Story reads like some get paid to dig .... other articles say its more like a finders fee ...
if I discover something I am obligate by law to report it, but if I am 'searching' and getting paid for my time, then the argument is, I am acting as an agent of the State and it amounts to a warrant-less search, by a third party ....
it would be like your car mechanic getting paid for digging around in your trunk, when your vehicle is in for a oil change ....

Recovering files in the un-allocated space is not that hard. Anyone can download a free program off the internet and "undelete" thousands of files on their own computer.

yeah the point is - YOU HAVE TO GO LOOKING ...... that is not someplace you would normally go during a repair even if you off to copy off documents and family photos before reformatting the C Drive

if your drop off your computer for repair because windows does not load, there is no reason to go looking in the unallocated space, unless the tech is nosy ....


Ties between Best Buy's Geek Squad, FBI probed in child porn case

The search of Rettenmaier's hard drive has a further wrinkle. The image was located on "unallocated space," which is where deleted items reside on a computer until they are overwritten when the space is needed. Unallocated space is not easily accessed - it requires special forensic software.

Prosecutors said that the Geek Squad technician who searched the unallocated space was merely trying to recover all the data Rettenmaier had asked to be restored. Riddet argued that the technician was going beyond the regular search to deleted material to find evidence the FBI might want.

In addition, a federal appeals court has ruled that pornography found on unallocated space is insufficient to prove that the user possessed it, since information about when it was accessed, altered or deleted is no longer available. "There was no evidence of how the contraband got onto Dr. Rettenmaier's hard drive," Riddet wrote, "and it could have gotten there before he possessed the computer or against his will."

[clip]

Stan Goldman, a law professor at Loyola Law School, likened Best Buy's search to the "plain view" doctrine for police: If officers can see something in plain view, they have reason to search or seize it. "Whatever they see while searching within the scope of what they were asked to do would be admissible, in my view," Goldman said. "If they start searching on their own, they've gone beyond what is 'plain view.' " He said what a customer consents to when ordering the work is crucial. "Have people actually understood that they've agreed to have their entire computer searched? I don't think so, but you can't be 100 percent certain."

 

[vraiblonde]

What is the fear? Why would we care if computer techs are searching the computers of suspected kiddie porn people for incriminating material? They cannot possibly be searching every single computer that deeply, so there must be some suspicion involved. Just like there's no freaking way NSA can listen to every single phone call and monitor every single email in this country, so the chances that they'll pick you - you fascinating thing! - to monitor are slim to none, unless you are suspected of something and they have a reason to be watching you.

I, not being as fascinating as some of you, have no fear that the FBI will be even remotely interested in my computer, my phone calls, by banking habits, or anything else in my life. So seriously, what makes you so interesting that the FBI would devote expensive manpower to dig into your life?

 

[Wishbone]

What is the fear?

So seriously, what makes you so interesting that the FBI would devote expensive manpower to dig into your life?

I know all the words to In-A-Gadda-Da-Vida.

 

[vraiblonde]

I know all the words to In-A-Gadda-Da-Vida.

 

[PeoplesElbow]

Most likely what they do is have the tech run some sort of script that looks for things like the dark web browser looks at your internet history, maybe emails, and pictures. Google can now identify pictures by category such as people and things, and that is a free service. Imagine how much something similar that was paid for software can do?

I would wager they are also the criminal informant type, got caught doing something minor and it was overlooked if they cooperated.