FBI ordered to reveal bugging trick

It is not clear how the FBI logged Mr Scarfo's keystrokes

A judge in the United States has ordered the FBI to reveal how it bugged the keyboard of the son of a mafia boss.

In this new age of rapidly evolving technology, the court cannot make a determination as to the lawfulness of the government's search... without knowing specifically how the search was effectuated

Judge Nicholas Politan

The bureau bugged the computer keyboard of Nicodemo Scarfo Jr, charged with running illegal gambling and loan operations, after it failed to unscramble encrypted files stored on his computer's hard disk.

But it refused to reveal how the bugging was done, arguing that this would endanger national security and FBI investigators.

Mr Scarfo's lawyers are trying to discover the bugging method and have the FBI's evidence ruled inadmissible.

Advanced technology

"In this new age of rapidly evolving technology, the court cannot make a determination as to the lawfulness of the government's search... without knowing specifically how the search was effectuated," wrote US District Judge Nicholas Politan in his ruling.

"This requires an understanding of how the key logger device functions. In most, if not all search and seizure cases, the court... understands the particular method by which the search is executed.

"Because of the advanced technology used, the court does not have the benefit of such an understanding," he wrote.

The FBI has not even revealed whether the method it used to monitor Mr Scarfo's computer involved hardware, software or both.

Court deadline

Judge Politan gave the FBI until 31 August to reveal how it carried out the bugging, but he also gave the bureau 10 days to provide evidence to support its assertion that national security and investigators' safety were at stake.

Mr Scarfo used the widely available encryption program Pretty Good Privacy (PGP) to scramble his computer files. When the FBI managed to copy his hard disk in January 1999, it was unable to unscramble them without Mr Scarfo's password.

It went back to his computer and installed a key logging system, which subsequently revealed his password and what the bureau says is evidence that he was a loan shark.

The bureau had a search warrant at the time, but no approval to carry out a bugging operation.

Mr Scarfo's lawyers say that the bureau infringed their client's constitutional rights, but the bureau says that the key logger does not fall under the terms of current legislation on bugging.