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SBF's lawyers can't wiretap his parents' phones to meet bail conditions

By James Dean
Apr 25, 2023
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Former FTX CEO Sam Bankman-Fried's legal team has asked for a third extension of his amended bail conditions, citing difficulties installing surveillance software on his parents' phones that had to film users "every five minutes" Photo.

In a court filing dated April 19 for the Southern District of New York, Bankman-Fried attorneys Mark Cohen and Christian Everdell said they had successfully implemented "the all bail conditions" but monitored the use of Bankman-Fried's parents' mobile phones. pointed out: "We recently learned that the surveillance software installed on the new mobile phone we purchased for Mr. Bankman-Fried's parents was not actually capable of automatically filming the user of the device every five minutes as ordered."

Cohen and Everdell said they were "optimistic" that they had a solution for monitoring the phone, but needed additional time "to conduct further testing of the monitoring software to confirm its functionality." The legal team has given until April 21 to find a solution ; however, at the time of writing, there is no evidence that a solution has been found.

In the meantime, the lawyers are asking that Bankman-Fried's parents be allowed to keep using "their existing phones" until a resolution is reached. Ken Gamble, executive chairman of private intelligence firm IFW Global, told Cointelegraph in an interview that he sees Conflict between the choice of phone model and the surveillance software being implemented.

He noted that some newer phone models cannot "install the latest surveillance software" due to inherent security measures in the devices.

Gamble emphasized that the latest iPhones, for example, cannot implement surveillance software without an actual "jailbroken device." He suggested that a solution might involve exploring alternative cell phones for Bankman-Fried's parents that were compatible with installing the surveillance: " It will take time. They have to get to the root of the technical problem, find a solution and maybe even reapply to the court for more time while they find the preferred phone." There has been a lot of concern recently about Bankman-Fried's use of cell phones.

Judge Kaplan emphasized that Bankman-Fried had an "electronics garden" with Internet access at his parents' home. The judge warned there were "probable grounds" to believe Bankman-Fried was involved in an attempt to tamper with witnesses.

Bankman-Fried's parents agreed to restrict his access to their devices, and also signed an affidavit agreeing not to bring prohibited electronic devices into the home, it was reported on March 28. Kaplan previously proposed on March 4 that Bankman-Fried be barred from using smartphones, tablets, computers, and any video game platform or device that allows for chat and voice communication.

The proposal says that Bankman-Fried's communications should be limited to "flip phones or other non-smartphones that do not have or have Internet capabilities disabled."

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