A report that the FBI used spyware to gain evidence on Josh Glazebrook, who allegedly made bomb threats, has drawn quite a bit of interest. The aim of the search was legitimate, and apparently proper legal procedures were followed, but people are wondering -- just how did they do it? The FBI isn't saying, naturally. Analysts believe the spyware was delivered by email, though this isn't certain, and some are wondering whether anti-spyware software manufacturers are cooperating with the government by intentionally overlooking certain kinds of software infiltration.
(Update (19-Jun-2007): It's now being reported that the spyware was delivered by way of Glazebrook's MySpace account. He reportedly impersonated fellow students to deliver the threats. Believe me, I have no objection to his being tossed in a juvenile detention facility; I'm just wondering what it all implies.)
But even if that's the case, there's still a puzzle. The mere absence of deterrent software doesn't make it easy to deliver surreptitious software to a computer, particularly if the user is knowledgeable and cautious. Kevin Poulsen wonders if "the FBI used a software vulnerability, either a published one that Glazebrook hadn't patched against, or one that only the FBI knows."
Microsoft has declined to say whether it has received a court order to let government spyware go undetected. To me, this raises the possibility that Microsoft may have intentionally allowed a vulnerability in its operating system, not just in its protection software, to remain open for use by federal investigators.
Given how many large businesses have acquiesced to secret governmental demands to help with information gathering, the possibility can't be dismissed. At the same time, we have no positive evidence yet that this has happened. We can only wonder and worry.
