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Rory
09-26-07, - 08:56 AM
A jury will hear phone recordings and view hundreds of e-mails on which prosecutors intend to rely to prove that Darren Ferguson is guilty of conspiracy to import marijuana and cocaine into the United States, a judge has ruled.

.....

Ferguson's lawyer Allan Soven had tried to convince Judge Gladys Kessler that the wiretaps and e-mails were inadmissible because they were illegally obtained.

Soven argued that the Bahamian Listening Devices Act did not require investigators to establish probable cause before a tap was placed on a phone. He said that wiretaps obtained in this manner would be inadmissible in the United States. And, he said, since the investigation constituted a "joint venture" between Bahamian and American authorities, the Bahamian police officers should have complied with American law.

But Judge Kessler was unconvinced. She ruled that the cooperation between the DEA and the Bahamian officers was not sufficiently substantial to establish a joint venture. She decided that the investigation was initiated by Bahamian police who later shared evidence with the DEA. In a hearing on the admissibility of the evidence, DEU Sergeant Michael Thurston said that there was not enough evidence to charge Ferguson in The Bahamas.

On the issue of the e-mails, Judge Kessler disagreed with Soven's arguments that the court orders directing Hotmail and Yahoo to produce the contents of Ferguson's e-mail messages were unconstitutional.


http://www.thenassauguardian.com/national_local/296367027943448.php

blacksheep
09-26-07, - 10:10 AM
A jury will hear phone recordings and view hundreds of e-mails on which prosecutors intend to rely to prove that Darren Ferguson is guilty of conspiracy to import marijuana and cocaine into the United States, a judge has ruled.
.....
Ferguson's lawyer Allan Soven had tried to convince Judge Gladys Kessler that the wiretaps and e-mails were inadmissible because they were illegally obtained.
Soven argued that the Bahamian Listening Devices Act did not require investigators to establish probable cause before a tap was placed on a phone. He said that wiretaps obtained in this manner would be inadmissible in the United States. And, he said, since the investigation constituted a "joint venture" between Bahamian and American authorities, the Bahamian police officers should have complied with American law.
But Judge Kessler was unconvinced. She ruled that the cooperation between the DEA and the Bahamian officers was not sufficiently substantial to establish a joint venture. She decided that the investigation was initiated by Bahamian police who later shared evidence with the DEA. In a hearing on the admissibility of the evidence, DEU Sergeant Michael Thurston said that there was not enough evidence to charge Ferguson in The Bahamas.
On the issue of the e-mails, Judge Kessler disagreed with Soven's arguments that the court orders directing Hotmail and Yahoo to produce the contents of Ferguson's e-mail messages were unconstitutional.

http://www.thenassauguardian.com/national_local/296367027943448.php

Damn...
Thats some serious shed.
Hey, I don't have much sympathy for drug dealers but I think somehow this young man's rights are being violated and thats just plain wrong.
So US authorities can tap a Bahamian Citizen's phone without probable cause?
Damn...thats some serious shed.

Rory
09-26-07, - 10:55 AM
Damn...
Thats some serious shed.
Hey, I don't have much sympathy for drug dealers but I think somehow this young man's rights are being violated and thats just plain wrong.
So US authorities can tap a Bahamian Citizen's phone without probable cause?
Damn...thats some serious shed.

From what I gather, the Bahamian police tapped the phone. The law here seems to allow it without needing probable cause, according to the article. So guys, watch what you say on the phone.

Shakita
09-26-07, - 10:58 AM
From what I gather, the Bahamian police tapped the phone. The law here seems to allow it without needing probable cause, according to the article. So guys, watch what you say on the phone.

I knew Technology would invade our privacy, sooner or later. At least is being used to catch criminals but It is scary to know there is a possibility someone is listening, or reading.

Rory
09-26-07, - 11:00 AM
I knew Technology would invade our privacy, sooner or later. At least is being used to catch criminals but It is scary to know there is a possibility someone is listening, or reading.

Yeah but in this case, that technology was never private to begin with. ;)

Tafadhali
09-26-07, - 12:21 PM
thing is how stupid could the drug dealer be- using email and a cell phone leaving tracks? Im concerned to about my privacy issues- even if I have nothing to hide...

mediaboss
09-26-07, - 09:33 PM
Isn't it wonderful to live the Bahamas where the police can invade your privacy by simply asking the police commissioner for a wiretap authorisation? There's a pending constitutional challenge to the lIstening Devices Act so hopefull things will chnage soon.

Rory
09-26-07, - 09:39 PM
Isn't it wonderful to live the Bahamas where the police can invade your privacy by simply asking the police commissioner for a wiretap authorisation? There's a pending constitutional challenge to the lIstening Devices Act so hopefull things will chnage soon.

Yup .. right now we gat all kinds of microphones mounted up in the gas stations, homes, and other retail stores, with the CCTV systems ... when they change the law thats going to change alot. In the US in some states you can still mount mics for recording but have to post a sign that it is there, and in some states you cant do it at all. Personally I feel the staff at least have a right to know it is there, as to the customers, well its not their private home.

ching357
09-27-07, - 07:47 AM
Isn't it wonderful to live the Bahamas where the police can invade your privacy by simply asking the police commissioner for a wiretap authorisation? There's a pending constitutional challenge to the lIstening Devices Act so hopefull things will chnage soon.
Hey if you have the hook-up at BTC they could tell you everything that you say or the other person said even in the text with out the police even knowing,and if we could have that done so can the po-po.Here on freeport i have seen that work because i didn't know it could have been done,so if one cheating and the wife gat a friend at BTC i sorry for that dude.

Jer
09-27-07, - 07:59 AM
Any sensitive emails should be encrypted.:hammer:

Rory
09-27-07, - 08:25 AM
Any sensitive emails should be encrypted.:hammer:

shouldnt be sending anything sensitive over email .. all email is encoded to an extent, using base64, but then you can just decode it also. Either way, regardless of being able to encrypt the email data, I would use some other method to get sensitive data or info to another user, such as direct PC to PC and encrypted, with changing ports ... course for that you can also use Skype, as all data sent from one to the other, which can include files as well as basic chat, is encrypted, and the ports change or can be changed manually.

Also check out these products, some, like the wiper, are free.
http://www.jetico.com/ - delete your data like the US DOD does. :D

mediaboss
09-27-07, - 09:44 AM
Hey if you have the hook-up at BTC they could tell you everything that you say or the other person said even in the text with out the police even knowing,and if we could have that done so can the po-po.Here on freeport i have seen that work because i didn't know it could have been done,so if one cheating and the wife gat a friend at BTC i sorry for that dude.


That example just shows the level of professionalism in this country. Lab techs and nurses talk people's personal business too. If they did that crap in any other country, they'd be fired.

Sunnyjohn
09-27-07, - 09:49 AM
That example just shows the level of professionalism in this country. Lab techs and nurses talk people's personal business too. If they did that crap in any other country, they'd be fired.



Mediaboss,

They really talk folks business in the hospital?

HIPAA las would have folks in jail and sued to high heaven for doing that in the US.

If a one person in a married couple is sick, you can't even talk to the sick person's parents without permission.

mediaboss
09-27-07, - 10:04 AM
Mediaboss,
They really talk folks business in the hospital?
HIPAA las would have folks in jail and sued to high heaven for doing that in the US.
If a one person in a married couple is sick, you can't even talk to the sick person's parents without permission.


At PMH, yeah. And probably at Doctors too. I get my annual physical at Mount Sinai and right now I'm too impressed with them, so I'm going to the Cleveland Clinic.