Here is the original source, the court memorandum. You can see how grossly irresponsible/lazy/stupid Cnet was.
Note that it is VERY clear that the government is asking to install a physical bug into a phone that works when the phone is off. It has nothign to do with the inherent hardware of the phone.
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.
Note that it is VERY clear that the government is asking to install a physical bug into a phone that works when the phone is off. It has nothign to do with the inherent hardware of the phone.
http://ny.findacase.com/research/wfrmDocViewer.aspx/xq/fac.2...
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.