Here... found one. It seems from reading the opinion mentioned in this piece that they do have to physically install the bug into the cell phone. At that point it doesn't matter if the phone is on or off, it can be used to monitor the area it is in. Aha... but I guess that's if they do it legally. They can do it illegally any time they want I guess, since I just found a story about GSM encryption being cracked.
GSM Encryption Cracked for Cell Phone Eavesdropping
February 21, 2008 1:38 PM | Technology | Comments (0)
David Hulton and Steve Muller demonstrated in a presentation yesterday at the Black Hat Security Conference in Washington, D.C., a new technique for cracking the encryption used to prevent eavesdropping on GSM cellular signals. In the U.S. GSM cellular radio frequency coding are used by AT&T, Cingular and T-Mobile.
Hulton and Muller claims their technique allows an eavesdropper to record a cell phone conversation on GSM networks from miles away and decode it in about half an hour with about $1,000 in computer storage and processing equipment.
Hulton and Muller, director of applications for the high-performance computing company Pico, and researcher for mobile security firm CellCrypt, respectively, plan to make their decryption method free and public. However, in March they will start selling a faster version that can crack GSM encryption in just 30 seconds, charging between $200,000 and $500,000 for the premium version.
http://www.cellphonedigest.net/news/2008/02/gsm_encryption_cracked_for_cel.phpHere's the story on legit FBI eavesdropping:
http://news.cnet.com/2100-1029_3-6140191.htmlDecember 1, 2006 2:20 PM PST
FBI taps cell phone mic as eavesdropping tool
By Declan McCullagh and Anne Broache
Staff Writers, CNET News
Last modified: December 1, 2006 6:35 PM PST
update The FBI appears to have begun using a novel form of electronic surveillance in criminal investigations: remotely activating a mobile phone's microphone and using it to eavesdrop on nearby conversations.
The technique is called a "roving bug," and was approved by top U.S. Department of Justice officials for use against members of a New York organized crime family who were wary of conventional surveillance techniques such as tailing a suspect or wiretapping him.
Nextel cell phones owned by two alleged mobsters, John Ardito and his attorney Peter Peluso, were used by the FBI to listen in on nearby conversations. The FBI views Ardito as one of the most powerful men in the Genovese family, a major part of the national Mafia.
The surveillance technique came to light in an opinion published this week by U.S. District Judge Lewis Kaplan. He ruled that the "roving bug" was legal because federal wiretapping law is broad enough to permit eavesdropping even of conversations that take place near a suspect's cell phone.
Kaplan's opinion said that the eavesdropping technique "functioned whether the phone was powered on or off." Some handsets can't be fully powered down without removing the battery; for instance, some Nokia models will wake up when turned off if an alarm is set.
The Opinion:
http://www.politechbot.com/docs/fbi.ardito.roving.bug.opinion.120106.txt2. The Roving Intercepts
a. Ardito's Cellular Telephone
Based on physical surveillance and the conversations previously
intercepted, the FBI learned that Ardito's crew no longer conducted
meetings exclusively at the four restaurants, but met also in twelve
additional restaurants, automobiles, Ardito's home, an auto store, an
insurance office, a jewelry store, a doctor's office, a boat, and
public streets.
The government applied for a "roving bug," that is, the interception
of Ardito's conversations at locations that were "not practical" to
specify, as authorized by 18 U.S.C. § 2518(11)(a). Judge Jones
granted the application, authorizing continued interception at the
four restaurants and the installation of a listening device in
Ardito's cellular telephone. The device functioned whether the phone
was powered on or off, intercepting conversations within its range
wherever it happened to be.b. Peluso's Cellular Telephone
By February 2004, the government had learned that Peter Peluso, an
attorney and close associate of Ardito, was relaying messages to and
from high-ranking family members who were wary of government listening
devices and who used Peluso as a messenger to avoid meeting together
directly. In a renewal application dated February 6, 2004, the
government sought, and Judge Jones in due course granted, authority to
install a roving bug in Peluso's cellular telephone. This order was
renewed several times throughout 2004, as the government continued to
identify locations where Peluso and Ardito discussed family matters
and learned that the subjects were growing increasingly cautious of
government surveillance.
n January 2005, Peluso agreed to cooperate with the government's
investigation.
At that point the government removed the listening
device in his cellular telephone and Peluso began recording
conversations with family members consensually by wearing a
microphone. On July 7, 2005, Peluso pleaded guilty, pursuant to a
cooperation agreement with the government, to a four-count
information, charging him with, among other things, engaging in a
pattern of racketeering activity.