Washington, D.C.—The Electronic Frontier Foundation (EFF) filed a Freedom of Information Act (FOIA) lawsuit against the Justice Department to obtain records about the FBI’s training and use of Best Buy Geek Squad employees to conduct warrantless searches of customers’ computers.The records request aims to shed light on how the FBI co-opts Best Buy repair technicians in criminal investigations, and whether the computer searches they conducted were in effect government searches. The U.S. Constitution generally requires federal agents, or those acting on their behalf, to first obtain a warrant before searching someone’s computer. If the Best Buy informants were acting as government agents, the warrantless computer searches they conducted would be illegal.Court records in a child pornography case against a California man who sent his computer to Best Buy for repair showed a long, close relationship between company technicians and the FBI, according to media reports. Informants at Best Buy’s “Geek Squad City” repair facility in Kentucky received $500 and $1,000 payments from the FBI, and agency documents said the Best Buy informants were “under the control and direction of the FBI,” media stories revealed. FBI agents were seeking training of the Geek Squad technicians to help them identify what type of files and images should be reported to the FBI.
EFF Sues Justice Department to Shed Light On FBI’s Use of Best Buy Informants