Recently unsealed records reveal a much more extensive secret relationship than previously known between the FBI and Best Buy’s Geek Squad, including evidence the agency trained company technicians on law-enforcement operational tactics, shared lists of targeted citizens and, to covertly increase surveillance of the public, encouraged searches of computers even when unrelated to a customer’s request for repairs.
To sidestep the U.S. Constitution’s prohibition against warrantless invasions of private property, federal prosecutors and FBI officials have argued that Geek Squad employees accidentally find and report, for example, potential child pornography on customers’ computers without any prodding by the government. Assistant United States Attorney M. Anthony Brown last year labeled allegations of a hidden partnership as “wild speculation.” But more than a dozen summaries of FBI memoranda filed inside Orange County’s Ronald Reagan Federal Courthouse this month in USA v. Mark Rettenmaiercontradict the official line.
One agency communication about Geek Squad supervisor Justin Meade noted, “Agent assignments have been reviewed and are appropriate for operation of this source,” that the paid informant “continues to provide valuable information on [child pornography] matters” and has “value due to his unique or potential access to FBI priority targets or intelligence responsive to FBI national and/or local collection.”
Other records show how Meade’s job gave him “excellent and frequent” access for “several years” to computers belonging to unwitting Best Buy customers, though agents considered him “underutilized” and wanted him “tasked” to search devices “on a more consistent basis.”
To enhance the Geek Squad role as a “tripwire” for the agency, another FBI record voiced the opinion that agents should “schedule regular meetings” with Meade “to ensure he is reporting.”
A Feb. 27, 2008, agency document memorialized plans “seeking the training of the Geek Squad Facility technicians designed to help them identify what type of files and/or images would necessitate a call to the FBI.”
Jeff Haydock, a Best Buy vice president, told OCWeekly in January there has been no arrangement with the FBI. “If we discover child pornography in the normal course of serving a computer, phone or tablet, we have an obligation to contact law enforcement,” he said, calling such policy “the right thing to do.”
But evidence demonstrates company employees routinely snooped for the agency, contemplated “writing a software program” specifically to aid the FBI in rifling through its customers’ computers without probable cause for any crime that had been committed, and were “under the direction and control of the FBI.”
Multiple agency memoranda underscore the coziness with Best Buy, including one that stated, “The Louisville Division has maintained [a] close liaison with the Greek Squad management in an effort to glean case initiations and to support the division’s Computer Intrusion and Cyber Crime programs.”
These latest revelations are the result of the work of James D. Riddet, the San Clemente-based defense attorney representing Rettenmaier. The doctor, who specializes in obstetrics and gynecology, is fighting allegations he knowingly possessed child pornography after the Geek Squad claimed it found an illicit image on a Hewlett Packard computer he left with the company for repair in 2011. U.S. Department of Justice officials filed criminal charges the following year. But the case has been in legal limbo while U.S. District Court Judge Cormac J. Carney considers Riddet’s contentions of outrageous. READ MORE