Cell Phone Extraction For Background Investigation

[clutchmaster200]

Hi again.

I was wondering what the likelihood of a PD extracting your texts and cell phone calls is in context of a background investigation for hire. I don't have anything on my phone that would shed me in a bad light but I was just giving this some thought to this subject.

Thanks.

[retdetsgt]

I wouldn't even apply with someone that intrusive.

[clutchmaster200]

I'm not sure if they are that intrusive but on the whole, do departments check cell phone text messages? I'm sure they check facebook and again, I don't have a whole lot going on on my facebook.

[Kimble]

Doing something like that is unnecessary and highly unlikely. Unless the agency had some sort of probable cause that your texts had criminal evidence obtaining them would be outside the scope of a normal, thorough BI. Your social media sites are fair game, though.

[Joeyd6]

Not your phone...but the NYPD requires you now hand over your facbook user ID and password when asked and they go through your whole account with you there. They print what they want. Thus choose your posts and pics carefully and even more important...who your friends are.

[retdetsgt]

Not your phone...but the NYPD requires you now hand over your facbook user ID and password when asked and they go through your whole account with you there. They print what they want. Thus choose your posts and pics carefully and even more important...who your friends are.

Why do they want your password? They can see what you've posted w/o that. But with it, others can post in your name. That doesn't make sense.

[Kimble]

Why do they want your password? They can see what you've posted w/o that. But with it, others can post in your name. That doesn't make sense.

While there's ways to get around it (that I won't go into on the public forums), it's to get around account with material posted and set to "private."

[ET109]

I'm not a fan of handing over passwords to social media. I did it, but upon thinking about it I might ask if its necessary next time. I don't mind sitting there and having them look at it, but I don't like the idea of them seeing my messages (I use facebook like email) and, more importantly, the information my friends set to not be public. Plus, by asking for my password a BI is violating and forcing me to violate the TOS of social media sites, which the Department if Justice believes may be a violation of federal law (the CFAA). So...

we'll see how hard my next BI laughs when I lay that on him.

[retdetsgt]

While there's ways to get around it (that I won't go into on the public forums), it's to get around account with material posted and set to "private."

Makes you wonder how they were possibly able to find out what kind of people we were before social media.

I wouldn't just give it to anyone and walk away. That BI knows a hell of a lot more about me than I know about him or her. If that password gets away from them, a lot of damage could be done. I wouldn't mind "friending" them to whatever level they want so they can see whatever they like, but if I knew they were going to require my password, I would delete my account first and then truthfully tell them I didn't have one. I'm not that trusting of anyone.

[Joeyd6]

I'm not a fan of handing over passwords to social media. I did it, but upon thinking about it I might ask if its necessary next time. I don't mind sitting there and having them look at it, but I don't like the idea of them seeing my messages (I use facebook like email) and, more importantly, the information my friends set to not be public.

That is why they get to see it. FB is by design, a "social media" site. Thus, how you act and who you associate with are fair game in determining who you are and if you have the integrity to work the job. While some agencies coudl care less, other do. The fact you use a social media site for e-mail instead of a e-mail server is a personal decision and thus everything is fair game.

Plus, by asking for my password a BI is violating and forcing me to violate the TOS of social media sites....
Actually it is not. FB has an extensive law enforcement assist center and if you call them, they will tell you that under the TOS, section 4, sub-section 8, they intend that to mean you will not give out your password to others with the intent they use their account. It does not mean you cannot give out your password for others to manage your FB (aka- like 99% of celebrities do) or for you to enter it and move over to let a law enforcement official click away and review (not use and post) your social experience.

, which the Department if Justice believes may be a violation of federal law (the CFAA). So... wel'll see how hard my next BI laughs when I say that to him.

Why wait? Not sure how you came to your conclusion but whoever taught you CFAA needs to be removed from their position. 100% incorrect. First, the CFAA is federal law (18 USC 1030). This is NOT a violation and second, if you were uneducated and presented such to the US Attorney's Office, they would laugh you out of their office.

There are seven ways you can be charged under such:

1) knowingly accessed a computer without authorization or exceeding unauthorized access, and by means of such conduct having obtained information that has been determined by the US Gov which unauthorized disclosure would jeopardize national defense of foreign relations.

(2) intentionally accesses a “protected computer” computer without authorization or exceeds authorized access, and thereby obtains financial institution records; info from a US government agency or info from a protected computer that involves interstate or foreign communication.

(3) intentionally, without authorization to access any nonpublic computer of the US Gov.

(4) knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers a fraud and obtains anything of value.

(5)hacking and taking over a “protected computer” system/site.

6) knowingly and with intent to defraud you send a password or similar information through which a computer may be accessed without authorization, if such affects interstate or foreign commerce; or the computer is used by the US Gov.

7) with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to cause damage to a protected computer;

[Joeyd6]

I wouldn't just give it to anyone and walk away. That BI knows a hell of a lot more about me than I know about him or her. If that password gets away from them, a lot of damage could be done. I wouldn't mind "friending" them to whatever level they want so they can see whatever they like, but if I knew they were going to require my password, I would delete my account first and then truthfully tell them I didn't have one. I'm not that trusting of anyone.

I should clarify when I say hand it over...I meant literally, not physically. They are pretty good about it. Most desks are set up with the applicant sitting on the side of the desk, right next to it so their right or left arm could rest on the desk. All of a sudden they will have FB up on their computer and push the keyboard to you and tell you to log into your facbook page. You do it on their computer, right there, and move aside. You watch as they do their review. They will print sceens if necessary. I won't get into exactly what they are looking at/for. When done, they have you log out and close the browser. They also tell you and explain there is no key logger or data catcher (which is true) and they have no way to get in again. They also tell you to change your password when you get home if you want.

If you decline......you won't get terminated from processing....you just get held up for months! They then send your authorization to obtain info which you signed at the begining of the process and mail it to FB with a request for what they want. Since you consented for anyone from doctors, pharmacists, psychologists, etc.. to literally anyone else they deem necessary to get info from, FB sends it to them.

[retdetsgt]

I should clarify when I say hand it over...I meant literally, not physically. They are pretty good about it. Most desks are set up with the applicant sitting on the side of the desk, right next to it so their right or left arm could rest on the desk. All of a sudden they will have FB up on their computer and push the keyboard to you and tell you to log into your facbook page. You do it on their computer, right there, and move aside. You watch as they do their review. They will print sceens if necessary. I won't get into exactly what they are looking at/for. When done, they have you log out and close the browser. They also tell you and explain there is no key logger or data catcher (which is true) and they have no way to get in again. They also tell you to change your password when you get home if you want.

Okay, that I could live with and wouldn't be a problem.

[mcsap]

Hi again.

I was wondering what the likelihood of a PD extracting your texts and cell phone calls is in context of a background investigation for hire. I don't have anything on my phone that would shed me in a bad light but I was just giving this some thought to this subject.

Thanks.

If you have nothing to worry about...then why are you worried about it ?

[ET109]

Why wait? Not sure how you came to your conclusion but whoever taught you CFAA needs to be removed from their position.

Wait, wait, wait. Are you saying that the internet must be removed from it's position? Can... can we do that?

If violating Terms of Service agreements online is a crime, we're all criminals. - Law Blog - WSJ



I understand the argument for seeing an applicants social media page without any privacy settings, but I think it just falls on the other side of the line for me; so would looking at an applicant's text logs and lots of other things that could be useful. Particularly so now that facebook has decided that, with the push of a button, you can download anything "you" have ever said, messaged, posted, or had posted. I wondered if that might have been purely for LE purposes, since I can't imagine most people would want to do that. Luckily if I need to 're-up' my background I know my BI and have worked with him for awhile. He might be my facebook friend, actually...

[retdetsgt]