Subject: [NEXTEL-1] Motorola cover up?

From: Rick Parrish <[email-masked]>
Date: Thu, 04 Mar 2004 21:34:21 -0600

Rich Well's site http://www.strongsignals.net has a link to this
article ...

http://www.madison.com/captimes/news/stories/69014.php

Judge rejects Motorola bid to keep radio jamming testimony
secret

By Steven Elbow

February 27, 2004

LATE NEWS UPDATE: U.S. Distict John Shabazz rejected Motorola's request
to keep trial testimony secret.

Corporate employees and a defendant who allegedly jammed Madison police
and fire emergency radio communications will testify in secret if
Motorola Corp. gets its way.

The communications giant filed a motion in federal court Wednesday to
close portions of testimony in the case of Rajib Mitra, 25, who
allegedly threw a wrench into police and fire communications on
Halloween night and other occasions last year.

In its court papers, prepared by Madison firm La Follette Godfrey &
Kahn, Motorola invokes fears of terrorism to make its argument.

"Simply put, access to the confidential information sought by the
United States in this action will enable would-be copycats, hackers and
even terrorists to access and disable the communications systems used
by more than 8,000 first responder systems worldwide, including the
city of Madison Police Department," Motorola argues.

"The potential misuses of the information that Motorola witnesses will
testify to is limited only by the imagination of potential copycats who
seek to harm first responders and the public at large."

The radio interference incidents included the city's chaotic Halloween
celebration, when police say Mitra piggy-backed pornographic audio onto
police transmissions from his apartment at 10 N. Orchard St. near
campus.

Mitra's attorney, Christopher Van Wagner, said he expected to argue
today before U.S. District Judge John C. Shabaz that Motorola's motion
would be a violation of Mitra's constitutional rights.

"We will be appearing before Judge Shabaz and strenuously objecting to
the closure of any aspect of this trial as a violation of my client's
Sixth Amendment right to a public trial," Van Wagner said today.

Court documents say Assistant U.S. Attorney Tim O'Shea has no objection
to closing the testimony to the public. Jury selection in Mitra's trial
is scheduled to begin Monday.

Mitra was indicted last November on two counts of committing computer
crimes. If convicted, he would face a prison sentence of up to 20 years.

Motorola contends that testimony by Mitra and two employees the
government plans to call as witnesses will disclose sensitive
information that could be used by others to "endanger public safety and
risk the lives of law enforcement officers."

The company, which designed the city's emergency radio system, also
expressed concerns that testimony by Mitra and Motorola employees would
disclose proprietary trade secrets.

The company says it wants to protect technology used in its trunking
radio system, which, rather than transmitting signals from radio to
radio, channels communications through a central controller.

More than 8,000 of the radio systems, versions of the company's
Smartnet systems, are in operation worldwide, with over half being
operated by emergency agencies such as police, fire, rescue and
ambulance services, according to documents filed in federal court.

"While Motorola has developed proprietary systems to ensure the
security and confidentiality of radio systems, such as the Smartlink II
at issue, these systems unfortunately are not completely impervious to
disruption or monitoring by determined 'hackers,' " Motorola systems
engineer Bruce Dykstra, one of the witnesses the government plans to
call, wrote in a court brief.

He wrote that if others learn how Mitra managed to disrupt the system,
"it is clear that large-scale chaos could quickly ensue, given the
widespread use of such systems by first responders."

He added that disclosure of technical information about the system in
court would place the company "at a distinct competitive disadvantage."

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