Robert Mueller Can't Rule Out FBI Obtained Data From Carrier IQ (UPDATE)

FBI Director Robert Mueller on Wednesday denied the bureau had ever sought information from the mobile-software company Carrier IQ, but said he could not rule out the possibility it obtained data collected by the controversial software through requests from wireless carriers.

At a hearing before the Senate Judiciary Committee, Mueller said the FBI had "neither sought nor obtained any information from Carrier IQ in any one of our investigations."

But when pressed by Sen. Al Franken (D-Minn.) about whether the FBI acquired information from wireless carriers that use Carrier IQ to collect customer data, Mueller said it was possible.

"I do not know in the information we seek from wireless carriers or what have you - and I'm not talking about Carrier IQ, I'm talking about wireless carriers - we may obtain information that in some way Carrier IQ may have been involved with," Mueller said.

Last month, security researcher Trevor Eckhart sparked controversy over the potential privacy risks of Carrier IQ by posting a video claiming the software logs every text message, Google search and phone number typed on a wide variety of smartphones and reports them to the mobile phone carrier. Carrier IQ is installed on about 150 million smartphones.

Mueller's comments came two days after Michael Morisy, a blogger for MuckRock News, posted an FBI response to his Freedom of Information Act request for "manuals, documents or other written guidance used to access or analyze data gathered by programs developed or deployed by Carrier IQ." The FBI's response suggested it had documents on the software, but that they were exempt from disclosure.

"What is still unclear is whether the FBI used Carrier IQ's software in its own investigations, whether it is currently investigating Carrier IQ, or whether it is some combination of both - not unlikely given the recent uproar over the practice coupled with the U.S. intelligence communities reliance on third-party vendors," Morisy wrote. "The response would seem to indicate at least the former, since the request was specifically for documents related directly to accessing and analyzing Carrier IQ data."

On Wednesday, Mueller told lawmakers there was "some confusion" over the meaning behind the FBI's FOIA response. In a statement to reporters on Tuesday, Carrier IQ denied having given data to the FBI.

"Carrier IQ has never provided any data to the FBI," the statement said. "If approached by a law enforcement agency, we would refer them to the network operators because the diagnostic data collected belongs to them and not Carrier IQ."

Mueller told lawmakers Wednesday that the FBI seeks customer data from wireless carriers through Title III of the Foreign Intelligence Surveillance Act.

This week, Carrier IQ CEO Larry Lenhart and VP of Marketing Andrew Coward met with members of Franken's staff. Franken sent a letter to the company asking for an explanation of what the software records, whether it transmits data to a third party, and whether the data presents any security or privacy risks. Franken has said the software's capabilities may violate federal laws.

In a 19-page statement released Monday, Carrier IQ acknowledged its software contained "an unintended bug" that "unintentionally" captured and transmitted encoded SMS messages to its carrier customers, including wireless companies -- Sprint, T-Mobile and AT&T. The company said the bug occurred only in "unique circumstances," like when a user receives a text message during a call, though the messages are "not human readable."

The company denied that its software captures or forwards to wireless carriers the content of multi-media messages (MMS), emails, photos, web pages, audio or video.

UPDATE: 3:56pm Carrier IQ officials met this week with federal regulators to discuss the company's software, according to a company spokeswoman. CEO Larry Lenhart and VP of Marketing Andrew Coward met with members of the Federal Trade Commission and Federal Communications Commission.

"We sought the meetings with FCC and FTC in the interest of transparency and full disclosure, and to answer their questions," Carrier IQ spokeswoman Mira Woods said.

To see which mobile carriers and manufacturers have claimed or denied affiliation with Carrier IQ, take a look at our slideshow (below), which includes statements from Apple, Google, Microsoft, Verizon, AT&T, HTC, Nokia, RIM and others.

Comments

[ur2nutty4me]

10:52 AM on 12/21/2011

Corporate heads and government employees and elected officials should be prosecuted for this software's use and abuse. This country has had enough of this spying on it's own citizens. We are a country of cowards and even the Russians are fighting back against Putin. All Americans no matter which side of the isle they sit have become sheep.

[ninja108]

08:06 AM on 12/16/2011

This is disturbing & an insult to customers of smartphones or any wireless cellphone if the FBI is getting access or data from Carrier IQ. It's one thing if they're trackin a suspected terrorist, drug kingpin, international criminal or mafia members but to get access of ordinary customer's data or files is a violation.

[DemocraticVoter]

01:21 PM on 12/15/2011

Evidently obfuscating to Congress is distinct from lying to Congress.

[smp276dp]

01:18 PM on 12/15/2011

It is now confirmed we have lost our right to privacy.

[scassidine72]

11:29 AM on 12/15/2011

Do we get to read the FBI's smart phone data too?

[WBLM]

10:19 AM on 12/15/2011

The Supreme Court has ruled that smart phones are a container and are subject to search and data copying by the authorities incident to arrest if they are within arms reach, much like the glove box in a vehicle.

Also of concern to anyone who values privacy is that when returning to the U.S. Customs has the authority to copy the data on your smart-phone or computer for forensic examination under the same law that allows them to search your suitcase.

Numerous people have music or video downloads that may be questioned under a copyright issue, thereby making them felons by default. The issue of encryption is being debated as to what rights you have regarding examination of your data, thus far the courts are divided on encryption issues and being forced to hand over your password.

If one values privacy these days a few options exist. First and foremost break no law whatsoever or be accused of one. Do not carry a smart phone that has private data on it and do not carry any electronic device out of the country if you plan on coming back.

The Electronic Frontier Foundation has numerous articles devoted to "Surveillance Self-Defense" on its web site, read them.

[Geral Sosbee]

10:00 AM on 12/15/2011

WHY IS THE FBI ALLOWED TO RUN THIS NATION!
Get to know the real *fbi agenda, & then meet two of their **serial killers:


http://sosbeevfbi.ning.com/forum/topics/must-prosecute-fbi-cia-assassins-for-clandestine-murders

*multiplying the number and magnifying the dangerousness

http://sosbeevfbi.ning.com/profiles/blogs/the-age-of-madness-amp-a-critical-review-of-fbi-cia-operations?xg_source=activity

http://vancouver.mediacoop.ca/story/age-madness-critical-review-fbicia-operations/9375

http://barbarahartwellvscia.blogspot.com/2011/10/courts-and-fbi-torture-maim-or-kill_01.html

**
http://sosbeevfbi.ning.com/forum/topics/police-reports-filed-for-on-line-harassment?page=1&commentId=2179778%3AComment%3A22560&x=1#2179778Comment22560

http://phillyimc.org/en/fbi-shill-and-perpetrator-makes-public-appearance

http://www.phillyimc.org/en/fbi-covers-atrocities-guantanamo-bay-prison
http://www.phillyimc.org/en/bans-and-threats-posting-my-reports


http://phillyimc.org/en/global-human-rights-violations-usa


http://www.phillyimc.org/en/university-texas-and-fbi-continue-years-harassment-me-campus


http://www.sosbeevfbi.com/thefbistonyiomm.html

[j1sju]

09:55 AM on 12/15/2011

The government makes it lawful for corporations to spy on the American citizenry against our will. The government needs to write a law to make this illegal.

[Common sense for all]

01:06 AM on 12/16/2011

Never gonna happen you know who bought them dont you??

[nmsidewinder]

09:39 AM on 12/15/2011

We have satellites that watch us from above, GPS in our cell phones (that they can track us with), the FBI can stick a GPS tracker on your car without your knowledge, and we have RFID chips in the things we buy so they know what we eat, drink, and wipe with. Soon to come if you are not on it now is the " smart grid " it knows when you are home using electricity and can monitor the appliances you use. We even have government run " tattle " web sites you can report your fellow citizens. We have the 1st amendment but yet they tell us what is or isn't " politically correct " when we speak. We have a constitutional right to due process of the law (unless they deem you a terrorist with a U.S. citizenship, then they can take you out with a drone). We have a 1st lady telling us what we should eat but yet she can stuff french fries in her face all day. Welcome to 1984 . And you want bigger government.. no thank you.

[IndolentFlourish]

09:23 AM on 12/15/2011

Take that as a "yes".

[erink91321]

08:59 AM on 12/15/2011

I believe it is Time for All who love Freedom to Arm themselves to the Max. There is a Revolution coming. The Corporations and the Government kave Already Started it

[KarateKid]

08:41 AM on 12/15/2011

We live in a country of benign totalitarianism. And it's getting less benign all the time. They're trying to force people to march lockstep all the time. Half of them already do. They're called Republicans.

[No Yards]

08:40 AM on 12/15/2011

The problem isn't that carrier IQ is on some phones, the problem is that there was no disclosure and no way to opt out, and the carriers are so eager to hand over that ill gotten data to the authorities without warrant.

[KarateKid]

08:37 AM on 12/15/2011

Who'd have thought the smartphone would be something that kept an eye on people so Big Brother could monitor you? George Orwell would be amazed.

[robalorick]

08:34 AM on 12/15/2011

Interesting..................

Maybe they can tell us where Bernie Madoff and Jon Corzine's money went?

Didn't think so.......................

Rick