Meet Your Newest Law Enforcement Partners: Netflix And Spotify

from the recently-watched:-Taken-1-3,-Once-Upon-a-Time-in-Mexico dept

The internet has been tripping up dumb criminals since its inception. Police used to have to raid residences for incriminating Polaroids. Now, the criminals are saving them that step. Hashtagged bragging combined with location-tagged photos of criminal behavior has Darwinned the stupidest criminals right into the hands of local law enforcement. Not resetting stolen devices to “factory settings” after stealing them also snags a few thieves, who can easily be tracked by their victims.

But in this case, it wasn’t social media or HTC Pocket Narc 4G selling out these alleged child abductors. It was music and movies.

After [accused kidnapper Brittany] Nunn no-showed for a custody exchange in the early days of December, investigators went to her Wellington home and found indications she and [accused accomplice Peter] Barr, 33, had apparently left in a hurry.

Early indications suggested the family may have been in Minnesota where Nunn had family. But those tips never panned out, leaving [Drew] Weber and other investigators with a search unlike thousands of other custody disputes.

The case inched forward as days turned to weeks.

Then, a break.

Drawing on new investigative tactics, Weber executed a search warrant and pulled records from Nunn’s Spotify account. He found it was being used from an IP address in Mexico. He later pulled search records from Netflix and Nunn’s other accounts and eventually tracked a package that Nunn had ordered to be shipped to Cabo San Lucas.

Neither company at this point offer a Transparency Report detailing requests from governments and law enforcement agencies for user information. And neither would offer any comment on this story. But this would seem to be a good time for both to consider providing this information going forward.

At this point, the only references to law enforcement activity on either site pertains to reports of fraudulent activity related to unapproved charges or stolen credentials. But obviously any service that tracks IP addresses, user activity, location data or other internet detritus is susceptible to examination by law enforcement. Services like these that are infrequently served by investigators are likely far less prepared (or willing) to challenge subpoenas.

In this case, an actual search warrant appears to have been issued, which would make the return of applicable information almost automatic.

In any case, with previous news that intelligence/law enforcement agencies using everything from Instagram to Angry Birds to locate criminals/terrorists, this news shouldn’t be all that surprising, even if the sources of the information are somewhat novel.

Convenience frequently trumps privacy, and having movies and music on tap instantly is something most people would find difficult to give up. Kudos to law enforcement for finding yet another way to track someone down, but those more privacy-minded are going to need to weigh instant access against the wealth of information collected by these services. Netflix — thanks to pressure from rights holders — has been forced to show a public frowny face re: VPN usage, and Spotify — as another IP-reliant service — is likely to do the same if the issue arises. If this pressure continues, it will be your privacy or your access, rather than a more balanced exchange.

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Companies: netflix, spotify

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Comments on “Meet Your Newest Law Enforcement Partners: Netflix And Spotify”

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25 Comments
Someone says:

Re: Re:

It definitely looks like police followed the right legal and moral procedure here. They couldn’t find the guy. So they went to a judge and got a search warrant to compel the companies to provide them only the relevant information to the case and nothing broader just like they would have done for any other business record. It was extremely narrowly crafted and intended only to get information on a single individual. So yeah, looks good to me.

Anonymous Coward says:

Re: Re:

“Why do we need to give up privacy and encryption again?”

Because those darn terrorists aren’t that stupid. All those hundreds of thousands killed by terrosits attacks in the US could have been saved without encryption… Oh, wait those were car accidents and encryption had nothing to do with it.

Those terrosist attacks against the US were in Afghanistan, Irak and other mid-east countries, sry my bad.

Big Brother says:

Hogwash!

You never mentioned how the NSA’s bulk records collection was referenced to capture these fugitives.

There is NOW WAY they were aprehended without the use of privacy invading bulk records collection!

I refuse to believe this hogwash about valid warrants being suffecient to aprehend criminals.

David says:

Re: Re: Re:

Here’s the paranoia:

The NSA actually had all this information, but they used parallel construction in order to get the search warrants they needed.

However, if they knew they had Netflix and Spotify accounts (which isn’t hard if had search their bank records), this is more likely just plain-old-fashioned police work.

Anonymous Coward says:

Has techdirt had any warrants?

Neither company at this point offer a Transparency Report detailing requests from governments and law enforcement agencies for user information. … this would seem to be a good time for both to consider providing this information going forward.

Just curious – Has Techdirt has had any police come looking for commenter/viewer ip addresses.

Walter says:

Ever heard of PureVPN, dumbos?

If only these dumbos were acquainted with the concept of VPNs, they would still be in Cabo and FBI would have been conducting raids in the wrong country. I use PureVPN to change my location many times during the day to protect my identity and use Netflix websites from different countries. I’m in no way proposing criminals to use PureVPN to hide their identity though. Oh no, I’m not doing that!

Hilary DeVary says:

This story of the barr arrest in Mexico is innacurate.

I was the Private investigator that located them and it wasn’t through Spotify. Drew did get a warrant for Spotify but it came back to an IP in Mexico that couldn’t be tracked as we couldn’t get a warrant for Mexico. Second, I used my own tools to find them in Cabo, and I also found the mailbox, even getting a copy of Peters ID from the mailbox store for which he opened the box ( which I have) Once I located them in Cabo, I had my Investigator do round the clock surveillance on places they would frequent. That’s is when we saw them, did covert surveillance, and found where they lived. I have an immigration contact and the had about 14 agents surround the compound where they were loving.

Again, this story is not completely accurate. I located the Spotify and netflix accounts as they were utilizing them. Drew would then get the IP off the warrants, but they never developed to anything. Hopefully soon I can tell the complete story because I worked very hard on this case for 7 months.

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