On Q Professional Investigations

A passenger at Hartsfield-Jackson Atlanta International Airport says he caught a blatant security breach on his cell phone camera. The passenger with an iPhone was in the cell phone waiting lot when he recorded a woman tossing a bag over a fence to an airport worker.

The bag gets stuck and the worker climbs up to get it, all this unfolding just feet from the runway. One air safety expert wonders what’s in the bag but says that’s not the biggest concern.

“It’s obvious that they’re not concerned that security is going to be on top of them,” Air safety expert Brent Brown says.

He also says it tells him this isn’t the first time this has happened.

The worker was standing next to a Delta Air Lines luggage truck so Delta and airport officials say they are investigating the security breach.
A TSA spokesman says airport perimeter security is not their responsibility, but they are helping with the investigation.

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The United States Department of Homeland Security collects and retains personal information on potential security risks to U.S. transportation security including airline passengers, flight crews, contractors and TSA employees – and anyone else’s personal information stored on several data lists created by the federal government since 9/11 in an attempt to “connect the dots” that may have been previously overlooked.

The U.S. Department of Homeland Security (DHS) Transportation Security Administation’s (TSA) Office of Intelligence & Analysis Trends and Patterns Branch (TPB) will now integrate all the personally identifiable information (PII) collected into one “jumbo list,” in order to better analyze and identify previously unknown links or patterns among individuals who undergo a TSA security threat assessment.

Exactly whose information is stored in the FBI’s Terrorist Screening Database (TSDB) and DHS and TSA compiled lists is a secret.

Most Americans are aware of the U.S. government “no fly lists,” which supposedly flag potential terrorists before they board commercial airliners, and security threat assessments of flight crews and passengers, and individuals with questionable identification and airport workers. Some lesser known TSA security threat assessments are conducted on registered overnight hotel guests (Registered Guest) at certain hotels physically connected to airport terminals, Commercial Driver’s License (CDL) holders, certain non-travelers, and anyone seeking Sensitive Security Information (SSI) in a civil proceeding, and much more.

On the FBI website, the agency quotes an Washington Post editorial to explain why watch lists such as “No Fly list” and “Selectee list” remain undisclosed:

“There are legitimate law enforcement reasons for keeping the list secret: Disclosure of such information would tip off known or suspected terrorists, who could then change their habits or identities to escape government scrutiny.”

Who can access all of the personal information collected by the U.S. government? It is entirely at the discretion of the TSA.

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When you think of aviation security, you’re likely to conjure up images of security screeners at TSA checkpoints.

But the Federal Air Marshal Service is a clandestine layer which operates in plain sight every day.

With a requirement to be accurate at least 85 percent of the time, no other federal agent has sharper shooting skills than air marshals.

“Our main work environment is the aircraft,” air marshal Kimberley Thompson explained. “At 35,000 feet, you don’t have room for error.”

For decades, the covert organization has avoided cameras. But it agreed to give us a rare inside look at its training facility in Atlantic City, New Jersey along with two former Dallas police officers who are rising through the ranks.

Tony Metcalf carried Badge 6666 with DPD. He worked downtown and as a DWI officer before 9/11 and FAMS began recruiting.

“I faxed a two-page resume and got a call the next morning,” Metcalf said. “I actually thought it was a co-worker of mine playing a joke.”

Metcalf said air marshals develop cover stories to explain why they’re flying in case other passengers strike up a conversation.

Blending in is paramount, Metcalf said, and that’s much easier for his female colleagues like Thompson.

“I think the only unique challenge for women is the fact that the weapon is a pretty large weapon, and sometimes it is hard to determine what you need to wear to conceal it,” she said.

Thompson spent four years as a Dallas police officer working at Northwest Patrol.

“When 9/11 happened, it was something that spoke to me and said I need to do something more,” she said.

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Defense technologists are most successful when they hone in on specific problems. The Pentagon’s research agencies and their contractors were asked in 2003 to come up with ways to foil roadside bombs in Iraq and Afghanistan, and although they did not defeat the threat entirely, they did produce a number of useful detectors, jammers and other counter-explosive systems. More recently, military researchers received marching orders to help tackle the so-called “anti-access area-denial” threats, which is Pentagon-speak for enemy weapons that could be used to shoot down U.S. fighters and attack Navy ships.

The next wave of national security threats, however, might be more than the technology community can handle. They are complex, multidimensional problems against which no degree of U.S. technical superiority in stealth, fifth-generation air warfare or night-vision is likely to suffice.

The latest intelligence forecasts by the Obama administration and other sources point to five big challenges to U.S. and global security in the coming decades.

Biological Weapons: The White House published in 2009 a National Strategy for Countering Biological Threats with an underlying theme that biological weapons eventually will be used in a terrorist attack. To prevent deadly viruses from being turned into mass-casualty weapons, officials say, one of the most difficult challenges is obtaining timely and accurate insight on potential attacks. The Defense Threat Reduction Agency has a team of researchers working these problems. But they worry that the pace of research is too slow to keep up with would-be terrorists.

Nukes: Large stockpiles of nuclear weapons are tempting targets for nation-states or groups set on attacking the United States and its allies, officials assert. Black-market trade in sensitive nuclear materials is a particular concern for U.S. security agencies. “The prospect that al-Qaida or another terrorist organization might acquire a nuclear device represents an immediate and extreme threat to global security,” says an administration report. No high-tech sensors exist to help break up black markets, detect and intercept nuclear materials in transit and there are no financial tools to disrupt this dangerous trade. A much-hyped Department of Homeland Security effort to detect radioactive materials at U.S. ports has been plagued by technical hiccups. Analysts believe that although a full-up nuclear weapon would be nearly impossible for an al-Qaida like group to build, a more likely scenario would be a low-yield “dirty bomb” that could be made with just a few grams of radioactive material.

Cyber-Attacks: The drumbeats of cyberwarfare have been sounding for years. Network intrusions are widely viewed as one of the most serious potential national security, public safety and economic challenges. Technology, in this case, becomes a double-edge sword. “The very technologies that empower us to lead and create also empower individual criminal hackers, organized criminal groups, terrorist networks and other advanced nations to disrupt the critical infrastructure that is vital to our economy, commerce, public safety, and military,” the White House says.

The cybersecurity marketplace is flooded with products that promise quick fixes but it is becoming clear that the increasing persistence and sophistication of attacks will require solutions beyond the traditional.

Climate Change: The national security ramifications of climate change are severe, according to Defense Secretary Leon Panetta. While the topic of climate change has been hugely politicized, Panetta casts the issue as a serious security crisis. “In the 21st century, we recognize that climate change can impact national security — ranging from rising sea levels, to severe droughts, to the melting of the polar caps, to more frequent and devastating natural disasters that raise demand for humanitarian assistance and disaster relief,” Panetta said. The administration projects that the change wrought by a warming planet will lead to new conflicts over refugees and resources and catastrophic natural disasters, all of which would require increased U.S. military support and resources. The scientific community, in this area, cannot agree on what it will take to reverse this trend. There is agreement, though, that there is no silver bullet.

Transnational Crime: U.S. defense and law-enforcement agencies see transnational criminal networks as national security challenges. These groups cause instability and subvert government institutions through corruption, the administration says. “Transnational criminal organizations have accumulated unprecedented wealth and power through the drug trade, arms smuggling, human trafficking, and other illicit activities. … They extend their reach by forming alliances with terrorist organizations, government officials, and some state security services.” Even the United States’ sophisticated surveillance technology is not nearly enough to counter this threat, officials say.

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Getting through airport security can be one of the most frustrating aspects of the travel experience. Slow lines, grouchy TSA agents and borderline violations of privacy are just some of the joys you can hope to experience on your next trip to the airport. However, there are some ways to make this process less painful, so here are are picks on the top 10 ways to get through airport security faster.

1. Elite Status: One of the best ways to get through airport security faster is by having elite status. Most airlines allow at least their mid-tier and high-tier elites to access the priority security lines. This benefit is usually extended to any companions traveling with the elite member, so it can’t hurt to try and bring them along with you. Passengers having any one of the following elite status are eligible for this benefit:

Delta: Gold Medallion, Platinum Medallion and Diamond Medallion members
United: Premier Silver, Premier Gold, Premier Platinum, Premier 1K members
American: AAdvantage Gold, AAdvantage Platinum, and AAdvantage Executive Platinum members
US Airways: Silver Preferred, Gold Preferred, Platinum Preferred, and Chairman’s Preferred members
Southwest: A-List and A-List Preferred members
Alaska: MVP, MVP Gold, and MVP Gold 75 members
Jetblue: TrueBlue Mosaic members and those seated in Even More Space seats
Virigin America: Elevate Silver and Elevate Gold members

2. Fly Premium Class: In addition to allowing those with elite status to enter the priority security lanes, those flying in First or Business class are also allowed to use these lanes. Some airports, such as Honolulu, will put a stamp on your boarding pass when you check-in that will allow those seated in a premium class to use the faster security lines. Some airports even have their own terminal for first class or business class passengers. Delta has this at Terminal 2 at JFK for their Sky Priority customers, and of course Lufthansa has their First Class Terminal in Frankfurt where the security screening process is almost instantaneous.

3. TSA Pre-Check: The TSA risk-based screening initiative, TSA Pre-Check, started in October 2011. The goal of this initiative is to test modified screening procedures for selected passengers traveling through certain security checkpoints within the U.S. Customers with certain elite status levels as well as members of Customs and Border Protection’s (CBP) Global Entry, SENTRI, and NEXUS Trusted Traveler programs who are U.S. citizens may be eligible to participate in this pilot program. Eligible members must opt-in to be considered for Pre-Check. Members may opt in by updating and saving their Secure Flight Passenger Data, or by adding their Trusted Traveler / Membership Number / PassID (for Global Entry, SENTRI, and NEXUS members) in the Known Traveler field in the Secure Flight section on airlines’ sites. The great thing if you are selected is you don’t have to take your shoes, belt, or jacket off and you can leave laptop computers in the bag. This can be a big time saver, but since it’s random, there is no guarantee passengers will get it, even if you are enrolled. Depending on the check point, this is only available for passengers flying on Delta, United, American, U.S. Airways and Alaska Airlines. This is currently available at over 20 of the nation’s busiest airports and new locations are continuing to be added each month.

4. Ask Nicely: This can actually go a lot further than you might think. Most often, the agents manning the priority security lines are independent airport contract workers and sometimes even TSA agents. Rarely is it the actual airlines’ employees since their time can be spent better at the check-in areas or the gates. Whether it is because you are cutting your time too short and your flight is starting to board or if you are traveling with small children, they just might send you through the priority line. It can’t hurt to ask!

5. CLEAR: This is an innovative program that helps travelers zip through airport security using the biometric CLEARcard. The standard unlimited annual pricing plan is $179 (not worth it unless you are based in one of their cities and fly a lot). The current locations of CLEAR are at Denver International Airport (DEN), Orlando International Airport (MCO), San Francisco International Airport (SFO), and Dallas/Ft Worth (DFW). With the limited number of locations, and since it really is just a front of the line benefit, I couldn’t justify the annual fee – I think TSA PreCheck is much better.

6. American Airlines Flagship Check-In: Another good way to speed up your time at airport security is with American’s flagship service. In addition to the customer service representatives who personally assist with your individual check-in and travel requirements including baggage check, seating, itinerary changes, there is a designated premium security line with expedited access. To take advantage of Flagship Check-in service you must fall into one of the following groups: Five Star Service passengers, ConciergeKey members (those who pay $125+ for VIP services), those traveling first class onboard an international American or British Airways, Cathay Pacific, Japan Airlines and Qantas flight anywhere in your outbound itinerary, and first class passengers on an American three-class transcontinental aircraft between MIA and LAX, and from LAX to JFK. The two current locations of this are at Los Angeles and now at Miami, though American says it will be rolling out to future locations this year. At Miami especially, this can save a ton of time since there are so many AA elites based here, and even the elite line can take 20+ minutes.

7. Selectively choose your security line: Many airports have multiple entries into the airport. If you see a huge line at one checkpoint, try another. Educate yourself on the options at your home airport. Many airports have connected terminals once through security, so you can sometimes save time by entering a further security checkpoint and then transiting once in the terminal.

8. Dress appropriately and know what, how and when to take certain items off and put them back on: Have your ID ready when approaching the TSA agent right before going through screening. Remove shoes (try to leave your thigh-high lace-up boots at home!), belts and everything in your pockets before entering the screening technology and put your shoes directly on the belt to go through the X-ray machine instead of in a bin with other items. Tip: I like to put my wallet, phone and any other loose items in a coat or jacket pocket so I can throw it on once through security. Another tip: you don’t need to take off most jewelry. I always see people taking off watches, but I never have and they haven’t set off metal detectors. Take your laptop out and put it in a bin (there are some laptop-friendly cases in which your computer doesn’t even have to come out). iPads, cameras and other devices can stay in your bag. Take your liquids out of your bag and place them in a clear plastic bag (seriously, double check to make sure your water bottle isn’t in your bag- it delays the whole line when they have to re-run your bag). The TSA recommends the 3-1-1 approach. Once through the screener, take your belongings and either move them down the lane or try to reassemble yourself at a nearby bench. Trying to do everything at the belt slows everything down, so do your best to keep the movement going even though it can be stressful trying to reclaim your items and put your shoes and belt back on.

9. Adjust approach for children and seniors: Infants and children need to be taken out of baby carriers and strollers before they can go through the metal detector. Strollers and baby carriers can go through the X-ray machine with your bags. If possible, collapse the stroller before arriving at the metal detector. Children 12 and under can leave their shoes on during screening. For seniors, modified screening measures allow passengers 75 and older to leave on shoes and light jackets through security checkpoints. Seniors can also undergo an additional pass through Advanced Imaging Technology to clear any anomalies detected during screening. Check out our earlier post about Tips for Traveling with a Mobility-Challenged Person for even more advice.

10. Don’t be an idiot: While you may disagree with TSA procedures, snarky responses and rude behavior to front-line employees are not going to make a change in policy. Like it or not, TSA agents actually have a decent amount of power, so if you try to make stupid jokes or give them a hard time, you won’t only hold up the process for yourself, but for everyone behind you as well.

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Just what kind of information can the government get with a so-called “national security letter” – the tool that allows investigators to seek financial, phone and Internet data without a judge’s approval?

It’s a secret.

The letters let the Federal Bureau of Investigation get information without going before a judge or grand jury if it’s relevant to a national security investigation. The letters have been around since the 1980s, but their use grew after the Sept. 11, 2001 terrorist attacks and passage of the USA Patriot Act. Tens of thousands of the requests are sent each year, but they are generally subject to strict secrecy orders.

In response to a Freedom of Information Act request by the American Civil Liberties Union, the Justice Department has revealed for the first time templates for each of the types of national security letters it sends – nine in all. Among other things, the letters show that the FBI is now informing people who receive the letters how they can challenge the documents in court.

But some key elements of the letters remain blocked from view – including lists of material the FBI says companies can send in response to the letter.

The most basic requests outlined in the templates are for name, address and length of service for either phone or Internet accounts. The broadest requests seek things such as entire credit reports, Internet activity logs, phone “billing records,” “financial records” or “electronic communications transactional records.”

What exactly do those terms mean? Well, there’s the rub.

A 2008 opinion from the Justice Department’s legal counsel found that the letters could request “only those categories of information parallel to subscriber information and toll billing records for ordinary telephone service.” What exactly counts as “parallel” could be debated.

In several of the templates, the FBI includes a list of specific items that “may be considered” by the companies to be responsive to the requests. The list for phone billing records includes 15 bullet points; there are 13 points on the list for electronic data. The items associated with financial records appear to stretch on for two pages. But we can’t know for sure what is there because it has been redacted.

Some broad outlines are available: Financial records include “any record held by a financial institution pertaining to a customer’s relationship with the financial institution.”

Electronic records involve “transaction/activity logs” and email “header information,” which includes things such as the “to” and “from” lines of a message.

The letters point out that companies aren’t supposed to tell investigators about the content of their customers’ messages; courts have long held that phone conversations and the texts of recent emails are available only with search warrants. The template to get electronic records specifically warns companies not to provide the subject lines of emails for this reason.

Beyond that, it’s unclear.

“There is a growing divide between the government’s and the public’s understanding of the government’s surveillance authority,” said Alexander Abdo, a staff attorney with the ACLU. “To this day, the government refuses to specify what certain surveillance laws—including ‘national security letters’—allow it to collect.”

The government says it seeks only the information it’s allowed to get and must maintain the secrecy of national security letters to avoid tipping off potential terrorists.

“NSLs are integral to determining whether, how, and by whom our nation is being put at risk,” then Acting Assistant Attorney General for National Security Todd Hinnen told a House Judiciary subcommittee last year in written remarks.

The templates disclosed in the ACLU files show how the FBI has changed the letters in response to court rulings and new laws. The gag order that accompanies most of the letters is no longer an “automatic feature,” the FBI says in instructions to agents. To get a secrecy order, the agent must certify that disclosure “may endanger the national security of the United States, interfere with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life of physical safety of a person.”

In all of the letters, the FBI tells the recipient that it can challenge the letter “if compliance would be unreasonable, oppressive, or otherwise unlawful.” It also outlines a process for fighting the nondisclosure order: The company has 10 days to tell the FBI it wants to challenge the gag order, and the FBI says it will then “initiate judicial proceedings” to get a court order to enforce the gag.

In the first two years after the FBI began including this notice in its letters, only a handful of companies challenged the gag orders, the FBI has said.

Many major technology companies have guidelines for handling national security letters, although they cannot confirm or deny ever having received the letters, under the strict secrecy order that accompanies most of the requests. Mr. Hinnen told the subcommittee last year that a “small number of providers” had concluded that the FBI wasn’t entitled to electronic communications transactional records, because the law wasn’t clear.

Companies are reluctant to disclose their specific policies, though. In responses to questions from The Wall Street Journal, Facebook was the only company to say specifically what data it would give out.

“We interpret the national security letter provision as applied to Facebook to require the production of only two categories of information: name and length of service,” said Fred Wolens, a public policy spokesman for the social networking giant.

Other companies were more vague. Google and Twitter both said their companies comply with “valid legal process” and seek to notify users of requests whenever possible. Verizon and AT&T both said they do not comment on national security matters.

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Protesters clad in black clashed with police at the end of what had been a peaceful march and rally by thousands of demonstrators, led by disenchanted veterans of the Iraq and Afghan wars protesting the opening of the two-day NATO summit in Chicago today.

The demonstration was the largest the city has seen in years.

“It’s crazy. There’s so many people here,” Esther Westlake, a recent graduate of Northeastern Illinois University, told The Associated Press. “Having NATO in town is kind of exciting.”

The battle between protesters believed to be members of the anarchist group Black Bloc and police left several demonstrators bloodied, and marred what had been a solemn and orderly march.

At the end of the march, the vets threw their NATO medals over the fence set up by the Secret Service around McCormick Place.

Some of the veterans told ABC station WLS-TV in Chicago that they had hoped a NATO representative would meet the group and take the medals back as a symbol of recognition.

Former Chicago Police Superintendent Jody Weis criticized the black-clad demonstrators who clashed with police for undermining the emotional power of the veterans’ act.

“You have classic Black Bloc ideology, peaceful ceremony, moving ceremony and these individuals use this as an occasion to disrupt, engage the police, engage in criminal activity,” Weis told WLS-TV. “Once they crossed that behind and are throwing bribes at the police officers and hitting them with sticks and weapons, then they have no option but to maintain control. It is classic Black Bloc ideology. It ruins ceremonies and ruins a ceremony of veterans turning in their valor medals.”

The demonstrators had a wide range of agendas; there were anti-war activists, people concerned about inaction on climate change, and people protesting the handling of the global economy.

But the activists on the street weren’t the only ones aiming to disrupt the summit. A hacking group affiliated with Anonymous took responsibility for temporarily crippling the Chicago Police and NATO websites today.

Chicago police are working with federal authorities to investigate the attack and the extent of it, the Chicago Tribune reported.

NATO has not confirmed it was the victim of a cyber attack. All three sites now appear to be running as usual.

A lengthy statement from the hacking group, which called itself antis3curityops, was posted on Cyber War News, declaring: “We are in your harbor Chicago, and you will not forget us.”

A Twitter user affiliated with Anonymous tweeted “Tango Down” with a link to the Chicago Police Department’s website. “Reason: for violation of #humanrights,” @Anon_Central wrote.

The attack was orchestrated using DDoS, a method in which numerous systems attack a single target website until it is forced to shut down.

Cole Stryker, author of “Epic Win For Anonymous,” said today’s hacking was likely more embarrassing than harmful to the Chicago Police Department.

“It’s an egg on the face type situation,” he said. “It’s embarassing when the people who are supposed to keep you safe are so easily victimized by a prankish attack like this, however I don’t think it’s concerning them.”

The internal systems at the city and police department would not have been affected by the attack, Stryker said.

The online disruptions were just the latest incidents in the chaos that has erupted around the two-day NATO summit of world leaders in Chicago.

Three men were arrested on terrorism charges Saturday. They are accused of building Molotov cocktails and planning attacks at President Obama’s Chicago campaign headquarters and at the home of Chicago Mayor Rahm Emanuel during the NATO Summit, prosecutors said.

Brian Church, 20, of Ft. Lauderdale, Fla., 24-year-old Vincent Betterly of Oakland Park, Fla., and 24-year-old Jared Chase of Keene, N.H., are charged with conspiracy to commit terrorism, providing support for terrorism and possession of an explosive or incendiary device.

“These men were here to hurt people,” Cook County State’s Attorney Anita Alvarez said in a news conference.

The defendants are self-proclaimed members of the Black Bloc group.

In addition to materials to make molotov cocktails, police say the defendants had various weapons, including a mortar gun, swords, a hunting bow, throwing stars, knives, brass knucles.

“This plot does not represent protest behavior, this is criminal behavior,” said Chicago Police Superintendent Garry Mccarthy.

The men argue the materials police collected in an overnight raid Wednesday were used to brew beer.

In a differant case, two militia men from Wisconsin were arrested after police found shotguns, shells, extended clips, knives and batons inside their vehicle during a traffic stop. Both men were wearing militia uniforms and were riding in a car that flew a militia flag, police said.

Police said they believe the men were in town to protest NATO.

A Chicago man was also charged with conspiring to build a Molotov cocktail and will appear in court today, the Sun-Times reported.

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CHICAGO (CBS) – Is there a secret plan to evacuate some residents of Chicago in the event of major trouble during the NATO summit next month? CBS 2 has uncovered some evidence that there is. It comes from the Milwaukee area branch of the American Red Cross.

CBS 2 News has obtained a copy of a Red Cross e-mail sent to volunteers in the Milwaukee area.

It said the NATO summit “may create unrest or another national security incident. The American Red Cross in southeastern Wisconsin has been asked to place a number of shelters on standby in the event of evacuation of Chicago.”

According to a chapter spokesperson, the evacuation plan is not theirs alone.

“Our direction has come from the City of Chicago and the Secret Service,” she said.

Officials at Chicago’s Office of Emergency Management and Communication said the directive did not come from them.

The U.S. Secret Service did not return calls for comment.

Some downtown residents told CBS 2’s Mike Parker that the news has them on edge.

Brad Klein said it is “very unnerving. I feel a little bit unsafe, just a bit more than a little bit. It doesn’t make me feel like I want to be in the city during the NATO conference.”

An executive with the Service Employees International Union, who trains members in preparation for the summit, thinks such a plan might be “over the top.”

SEIU Local 1 training director Tom Dobry said, “This could be a lot like Y2K – a lot of hype and buildup. People will say, ‘that was it?’ Not a big deal.”

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A week later when he was back in San Jose, he checked the device, and it appeared to have been repositioned slightly on the vehicle to make it less visible. It was placed on the underside of the car in the wheel well that holds a spare tire.

Greg, a Hispanic American who lives in San Jose at the home of his girlfriend’s parents, contacted Wired after reading a story published last year about an Arab-American citizen named Yasir Afifi who found a tracking device on his car. Greg wanted to know what he should do with the device.

Afifi believed he was being tracked by authorities for six months before a mechanic discovered the device on his car when he took it into a garage for an oil change. He apparently came under surveillance after the FBI received a vague tip from someone who said Afifi might be a threat to national security. Afifi has filed a suit against the government, asserting that authorities violated his civil liberties by placing the device on his vehicle without a warrant and without suspicion of a crime. His attorney, Zahra Billoo, told Wired this week that she’s requested a stay in her client’s case, pending a ruling by the Supreme Court in the GPS tracking case now before it.

Greg’s surveillance appears to involve different circumstances. It most likely involves a criminal drug investigation centered around his cousin, a Mexican citizen who fled across the border to that country a year ago and may have been involved in the drug trade as a dealer.

“He took off. I think he was fleeing. I think he committed a crime,” Greg told Wired.com, asserting that he himself is not involved in drugs.

Greg says he bought the SUV from his cousin in June, paying cash for it to a family member. He examined the car at the time and found no tracking device on it. A month later, he drove his cousin’s wife to Tijuana. Greg says he remained in Mexico a couple of days before returning to the U.S.

The first GPS tracker, out of its sleeve. Photo courtesy of Greg. View here

It’s possible the surveillance began shortly after his return, but Greg discovered the device only about three weeks ago during his visit to Modesto. The device was slipped into a sleeve that contained small magnets to affix it to the car.

On Tuesday, Nov. 1, Wired photographer Jon Snyder went to San Jose to photograph the device. The next day, two males and one female appeared suddenly at the business where Greg’s girlfriend works, driving a Crown Victoria with tinted windows. A witness reported to Greg that one of the men jumped out of the car, bent under the front of the girlfriend’s car for a few seconds, then jumped back into the Crown Victoria and drove off. Wired was unable to confirm the story.

The following day, Greg noticed that the GPS tracker on his own car had been replaced with a different tracker, this one encased in a clam shell cover attached to a large round magnet to hold the device to the car. The device was attached to a 3.6 VDC Lithium Polymer rechargeable battery.

There was no writing on the tracker to identify its maker, but a label on the battery indicated that it’s sold by a small firm in Farmingdale, New York, called Revanche. A notice on a government web site last June indicates that it was seeking 500 of the batteries and 250 battery chargers for the Drug Enforcement Administration. A separate notice on the same site in 2008 refers to a contract for what appears to be a similar Revanche battery. The notice indicates the batteries work with GPS devices made by Nextel and Sendum.

A spokeswoman with the DEA’s office in San Francisco, however, declined to say if the device on Greg’s vehicle was theirs.

“We cannot comment on our means or methods that we use, so I cannot provide you with any additional information,” said DEA spokeswoman Casey McEnry.

Second GPS tracker with clam shell casing and Lithium Polymer battery.
Photo: Jon Snyder/Wired.com View here

The second device on Greg’s vehicle appears to be a Sendum PT200 GPS tracker with the factory battery swapped out and replaced with the Revanche battery. The Sendum GPS tracker is marketed to private investigators, law enforcement and transportation security managers and sells for about $430 without the battery. With the factory battery “it will last 7-15 days reporting every hour in a good cellular coverage zone,” according to marketing literature describing it, and it uses CDMA cellular communications and gpsOne location services to determine its location.

When this reporter drove down to meet Greg and photograph the second tracker with photographer Snyder, three police cars appeared at the location that had been pre-arranged with Greg, at various points driving directly behind me without making any verbal contact before leaving.

After moving the photo shoot to a Rotten Robbie gas station a mile away from the first location, another police car showed up. In this case, the officer entered the station smiling at me and turned his car around to face the direction of Greg’s car, a couple hundred yards away. He remained there while the device was photographed. A passenger in the police car, dressed in civilian clothes, stepped out of the vehicle to fill a gas container, then the two left shortly before the photo shoot was completed.

The Obama administration will be defending the warrantless use of such trackers in front of the Supreme Court on Tuesday morning. The administration, which is attempting to overturn a lower court ruling that threw out a drug dealer’s conviction over the warrantless use of a tracker, argues that citizens have no expectation of privacy when it comes to their movements in public so officers don’t need to get a warrant to use such devices.

It’s unclear if authorities obtained a warrant to track Greg’s vehicle. While Greg says he’s committed no crimes and has nothing to hide, the not-so-stealthy police maneuver at his girlfriend’s place of employment makes it look to others like she’s involved in something nefarious, he says. That concerns him.

It concerns attorney Billoo as well.

“For a lot of us, it’s like, Well I’m not selling cocaine, so let them put a tracking device on the car of [a suspect] who is selling cocaine,” Billoo says. “And I’m not a terrorist, so let them put the device on someone [suspected of being] a terrorist. But it shouldn’t be unchecked authority on the part of police officers. If law enforcement doesn’t care to have their authority checked, then we’re in a lot of trouble.”

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