By Kim Zetter Email Author
October 7, 2010
It took just 48 hours to find out: The device was real, the student was being secretly tracked and the FBI wanted its expensive device back, the student told Wired.com in an interview Wednesday.
The answer came when half-a-dozen FBI agents and police officers appeared at Yasir Afifi’s apartment complex in Santa Clara, California, on Tuesday demanding he return the device.
Afifi, a 20-year-old U.S.-born citizen, cooperated willingly and said he’d done nothing to merit attention from authorities. Comments the agents made during their visit suggested he’d been under FBI surveillance for three to six months.
An FBI spokesman wouldn’t acknowledge that the device belonged to the agency or that agents appeared at Afifi’s house.
“I can’t really tell you much about it, because it’s still an ongoing investigation,” said spokesman Pete Lee, who works in the agency’s San Francisco headquarters.
Afifi, the son of an Islamic-American community leader who died a year ago in Egypt, is one of only a few people known to have found a government-tracking device on their vehicle.
His discovery comes in the wake of a recent ruling by the 9th U.S. Circuit Court of Appeals saying it’s legal for law enforcement to secretly place a tracking device on a suspect’s car without getting a warrant, even if the car is parked in a private driveway.
Brian Alseth from the American Civil Liberties Union in Washington state contacted Afifi after seeing pictures of the tracking device posted online and told him the ACLU had been waiting for a case like this to challenge the ruling.
“This is the kind of thing we like to throw lawyers at,” Afifi said Alseth told him.
“It seems very frightening that the FBI have placed a surveillance-tracking device on the car of a 20-year-old American citizen who has done nothing more than being half-Egyptian,” Alseth told Wired.com.
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