From: InfoSec News (isnc4i.org)
Date: Tue Oct 07 2003 - 01:09:54 CDT

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http://www.sunherald.com/mld/sunherald/news/politics/6948037.htm

PETE YOST
Associated Press
Oct. 06, 2003
 
WASHINGTON - The Justice Department said Monday the FBI didn't follow
proper procedure when it notified reporters their notes might be
subpoenaed in the case against a hacker accused of breaking into The
New York Times' computer system.

The department said the correct procedure is to seek material from
reporters only after other investigative steps have been exhausted,
and that subpoenas are to be used only as a last resort.

"There are very few instances in which media subpoenas are granted,"
said Justice Department spokesman Mark Corallo. "In this case, as in
any case, we expect the investigators to exhaust all other avenues
before they seek approval for any subpoena or any formal requests for
records."

The FBI agent did not notify the U.S. attorney in Manhattan and did
not go through proper channels at the Justice Department, according to
a Justice official, who spoke only on condition of anonymity.

The comments came after the FBI notified 13 reporters that it might
subpoena their records regarding Adrian Lamo, 22, who is charged with
accessing a database at the Times containing home telephone numbers
and Social Security numbers for more than 3,000 contributors to the
Times' op-ed page. He also is accused of setting up five fictitious
names and passwords that were then used to conduct more than 3,000
searches on LexisNexis over three months, incurring $300,000 in
charges, the complaint states.

The Sept. 19 letters from the FBI direct Associated Press reporter Ted
Bridis and other reporters to preserve any documents pertaining to
Lamo, stating that the request is in anticipation of an order
requiring materials to be turned over to federal law enforcement
authorities.

An Internet publication, SecurityFocus Online, wrote a story more than
a year and a half ago quoting Lamo as acknowledging accessing the
Times' computer system. The story said Lamo notified the Times of the
vulnerabilities through a SecurityFocus reporter.

The AP's Bridis wrote a story about Lamo 16 months ago regarding a
subpoena to MSNBC that demanded a reporter's notes of any
conversations with Lamo about the computer break-in at the Times.
Other AP stories have quoted Lamo on the subject of computer hacking.

Two weeks ago, Lamo was released on $250,000 bail and ordered by a
federal judge to remain at his parents' home in California until his
case is resolved. He is permitted to use a computer only to search for
a job or education opportunities.

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