The FBI has used spyware to get around encryption, and you know what? I think that's great. It's about time that law enforcement started finding ways to get around strong encryption rather than try to get legislators to outlaw it for private use. The only real problem that the FBI and other agencies are going to face is that such measures won't work on people who are using operating systems that the police have little or no experience with like the BSDs, many flavors of Linux and older platforms like Amiga or OS/2.
Law enforcement is finally adapting to reality on encryption
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March 2010
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Add a few more to the payroll and perhaps they will know how to do it ;)
Napolitano's original book talked about the FBI planting spywear and recording every keytstroke and how it was a violation of the fourth ammendment. BTW,
If you've never checked out http://jim.com, than you really need to, it's contents helped turn me into a libertarian for life.