The FBI might have access to every keystroke on your smartphone.

Criminal defense attorney Scott Greenfield has an interesting commentary on revelations that the FBI may be availing itself of some of Carrier IQ’s “features” that its customers may be deploying:

… this doesn’t mean they already have their hands on your text messages, or even that there’s any cooperation on the part of Carrier IQ. Indeed, there may be a passel of issues surrounding any effort to gain access to every keystroke you ever tapped on your smartphone, though it would appear that since it’s in the hands of a third party, no Fourth Amendment right attaches. On the other hand, since no one knew this was happening, and it came as a huge, and scandalous surprise to the public, a court should be hard pressed to conclude that it passes scrutiny under Katz’s reasonable expectation of privacy test.

But now you do know. And so does the FBI. And as long as you continue to tap, tap, tap on that cute little qwerky keyboard, you can’t deny you took the risk of exposure to the government by Carrier IQ.

We’re inundated with the magic of technology, making our world easier, faster and perpetually more fabulous. Those who adore technology gush over every shiny new toy. And to a large extent, the toys are great fun and occasionally useful. But nobody wants to be serious about the perils. And there is no shortage of perils.

My deep understanding of all things technical precludes me from discussing the potential of evils that could stem from this rootkit. I don’t even know what a rootkit is. But I know too well that the government will have no qualms about using it to their advantage if they can get their hands on it.

So enjoy those new, shiny toys. Tap to your heart’s content. Hang in the clouds. Eventually, we’ll find out whether you had some unexpected company with you, and by the time it reaches a circuit court and a decision is made about how unreasonable you were to expect that your private, personal communications and messages would remain private, it will be too late to worry about it. By then, you will be informed that everyone knows that there’s no privacy in the technological, digital, shiny toy world. But by then, it will be too late to worry about it.
http://blog.simplejustice.us/2011/12/13/the-fbi-reads-the-internet-too.aspx