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Communications Encryption United States

Encrypted Communications Apps Failed To Protect Michael Cohen (fastcompany.com) 475

An anonymous reader shares a report: Within the detailed federal allegations against former Trump lawyer Michael Cohen, who pleaded guilty earlier this week to eight charges including campaign finance violations, are multiple references to texts sent by Cohen and even a call made "through an encrypted telephone application." Cohen was apparently a fan of encrypted communications apps like WhatsApp and Signal, but those tools failed to keep his messages and calls out of sight from investigators. In June, prosecutors said in a court filing the FBI had obtained 731 pages of messages and call logs from those apps from Cohen's phones. Investigators also managed to reconstruct at least 16 pages of physically shredded documents. Those logs, judging by the charging document, appear to have helped document at least Cohen's communications with officials at the National Enquirer about allegations from porn actress Stormy Daniels -- whom Cohen allegedly paid on behalf of Trump, violating campaign finance law. It's unclear if the FBI actually broke through any layers of encryption to get the data. It's possible that Cohen, who apparently at times taped conversations, stored the conversation logs in a less-than-secure way.
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Encrypted Communications Apps Failed To Protect Michael Cohen

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  • by chill ( 34294 ) on Thursday August 23, 2018 @12:21PM (#57181082) Journal

    The bottom line: People sending messages through encrypted apps should probably not hang on to copies of their messages and call logs any longer than they have to if they really want to keep those messages secret.

    Apps like Signal protect the messages from in transit snooping, mostly from the telco. However, if you leave the messages on your device, in the app, then anyone with access to your phone can get the messages.

    The big questions would be did he encrypt the device itself, and did he use a strong passcode? Pattern unlock and 4-digit PINs aren't difficult to figure out.

    • by jandrese ( 485 )
      Even a strong passcode isn't much use against a search warrant unless you're willing to go to jail indefinitely to maybe prevent the feds from unlocking your phone.
  • by Ungrounded Lightning ( 62228 ) on Thursday August 23, 2018 @12:34PM (#57181202) Journal

    Investigators also managed to reconstruct at least 16 pages of physically shredded documents.

    WAIT just a minute here...

    I was under the impression that the Supreme Court had ruled that intact papers discarded in the trash could be used as evidence, but discarded shreds needed a warrant - BEFORE their seizure - because the person discarding shredded documents had an expectation of privacy.

    Am I mistaken? Did they get a warrant before the papers were shredded and discarded (i.e. he was destroying evidence?) Did he shred them and then hang on to the shreds? If not, they're "Fruit of the Poisoned Tree".

    (If I'm right, I'd like to see how the Supremes ruled if someone made the same argument about encrypted phone calls. The analogous ruling might protect against seizing logs of encrypted traffic without a before-the-call warrant, breaking the "no expectation of privacy in data stored with a third party" argument for encrypted calls. B-) )

    I was also under the impression that such "Fruit" not only can't be used as trial evidence, but can't be used to develop leads without tainting them as well. (Cops routinely work around this by "calling in an anonymous tip" from the next desk over. But that won't work if they ADMIT they got the lead by improper behavior.) Something like this could run like wildfire through the whole investigation's findings, making it useless in court and reducing it to prosecutorial harassment.

    Also: What kind of idiot uses a strip-shredder for anything he really wants to keep secret? Have they developed a way to reassemble crosscut shreads? If so, how do they avoid the "ransom note assembled from cut out newspaper letters" risk of reassembling fine shreads into somethig that looks coherent but is nothing like the original.

    (Not that any of this matters for Cohen. He already pled guilty.)

    Stuff like this is part of why there used to be a big separation between criminal investigation and counterintelligence work. You really don't want to let a spy keep spying if you can identify him and stop him using investigative techniques (short of torture) that would bring a criminal case down in flames.

    • Am I mistaken? Did they get a warrant before the papers were shredded and discarded (i.e. he was destroying evidence?) Did he shred them and then hang on to the shreds? If not, they're "Fruit of the Poisoned Tree".

      Doesn't matter, he already copped a plea deal.

    • They had warrants.
    • by jeff4747 ( 256583 ) on Thursday August 23, 2018 @01:09PM (#57181468)

      Am I mistaken? Did they get a warrant before the papers were shredded and discarded

      Yes, you are mistaken. First, there was a warrant. Second, you can get the warrant post-shredding. Just because you hid the evidence (by shredding) does not make it immune to a warrant. The entire point of warrants is to pierce your expectations of privacy, but only when a judge says the government can.

      Also: What kind of idiot uses a strip-shredder for anything he really wants to keep secret? Have they developed a way to reassemble crosscut shreads

      The kind of idiot that decides to be a fixer for a crooked real estate developer. And yes, they have developed a way to reassemble crosscut shreds as long as the shreds are big enough. The size you get from a shredder you buy at Staples is plenty big.

      If so, how do they avoid the "ransom note assembled from cut out newspaper letters" risk of reassembling fine shreads into somethig that looks coherent but is nothing like the original.

      By dumping the shreds on a flatbed scanner and scanning both sides. Then having a computer re-assemble the shreds based on characters that cross more than one shred. It's just a big jigsaw puzzle with identically-shaped pieces.

    • by chill ( 34294 )

      They had warrants for essentially everything in the hotel room where he was living and his office. That would cover the shredded documents, and those warrants were issued before the raid.

  • by fish_in_the_c ( 577259 ) on Thursday August 23, 2018 @12:41PM (#57181264)

    "Apparently in violation of campaign finance laws"
    I'm confused how paying off Denials was part of Trumps political campaign any more then any of the payments Bill Cosby made to those he was trying to keep silent. I mean, isn't 'protection your reputation' something you can do at any time regardless of running for public office? Aren't those kinds of payments normal for CEO's and various celebrities? He made a bunch of his staff sing NDA's , so does the salary of all of those staffers which was only received on condition of signing an NDA count as a campaign contribution?

    Not saying the man isn't dishonest or doesn't deserve what he get's here, but that seems like a real stretch of the law's intent if not it's actual practice.

    • "Apparently in violation of campaign finance laws"
      I'm confused how paying off Denials was part of Trumps political campaign any more then any of the payments Bill Cosby made to those he was trying to keep silent. I mean, isn't 'protection your reputation' something you can do at any time regardless of running for public office?

      The obvious answer to that question is no. Campaign finance laws exist. One could argue that those laws are unreasonable and should be changed, but they currently exist, and therefore there are legal sanctions for violating those laws.

      Yes, protecting one's reputation is legal as part of electioneering. The potential problem for the President is that the combination of protecting one's reputation coupled with money used for that purpose is subject to campaign finance laws. If max contribution limits are

    • One of these men was running for public office, and the other was not. It's really not that confusing.
    • I think the efforts that were put into hiding the payment are where you may have crimes, not that someone was paid to be quiet. The thing that is making everyone nervous is the items seized probably point to all manner of crimes.
    • by jeff4747 ( 256583 ) on Thursday August 23, 2018 @01:15PM (#57181522)

      I mean, isn't 'protection your reputation' something you can do at any time regardless of running for public office?

      "Running for public office" triggers additional rules. Those rules consider the payments to be a campaign contribution and/or expense (contribution if non-campaign funds were spent, expense if campaign funds were spent).

      In this case, it's a contribution. The contribution was not properly documented and it exceeded the maximum allowed contribution.

      It is considered a contribution/expense because the payoff is intended to influence the election, not just make someone look better to the public.

  • What a lawyer may or may not have done with a hooker regarding a several year old alleged private affair when I've been told by the same people out for blood that it's okay to get a blowjob in the oval office and lie about it under oath?
    • Re: (Score:3, Informative)

      by Jeremi ( 14640 )

      You should care, beause it's now been established beyond any reasonable doubt that the President is a crook.

      Now that it's established that the President is a crook, America must decide whether it is to remain a country that is governed by the rule of law, or whether it is going to look the other way on Trump's criminality and become another corrupt pseudo-democracy like Russia or Saudi Arabia. Because it's one or the other, we can't have it both ways.

  • And today, in unrelated news, the document incineration segment of the market had a sharp increase in installations and therefore matching record profits!

  • Then it only requires a deal and the police has everything. Not the fault of the software at all.

"The vast majority of successful major crimes against property are perpetrated by individuals abusing positions of trust." -- Lawrence Dalzell

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