A federal judge has been asked to award damages to the chairwoman of the Arizona Republican Party and her husband for fighting a Congressional subpoena which seeks detailed data from four phone numbers assigned to the couple’s T-Mobile business account, including records of calls to and from their medical patients.
Last week Kelli and Michael Ward filed a federal lawsuit in an attempt to block a subpoena issued by the U.S. House Select Committee investigating the Jan. 6, 2021 attack in Washington DC. The subpoena demands T-Mobile turn over records for the period of Nov. 1, 2020 to Jan. 31, 2021 from an account in the name of Mole Medical Services P.C., a company owned by the Wards.
The Feb. 1 lawsuit filed in U.S. District Court seeks a court order declaring the Committee’s actions in issuing the subpoena violated federal law and Arizona law. It also seeks an order quashing the subpoena and enjoining T-Mobile from releasing any data to the Committee.
According to the Feb. 1 lawsuit, T-Mobile’s Legal and Emergency Response Team sent an advisory to Mole Medical Services after receiving the Jan. 19 subpoena. T-Mobile intended to comply with the subpoena on Feb. 4 unless provided proof by Feb. 2 of the filing of a motion for protective order, motion to quash, or other legal process “seeking to block compliance.”
The Committee has not commented on what drew their attention to the Wards or to their phone records, but the subpoena demands detailed records of incoming and outgoing calls—including call duration and associated phone numbers—as well as metadata, or call data records.
The lawsuit and motion to quash argues that U.S. Supreme Court precedent places the burden on the House Select Committee to justify the need for the information being sought. Instead, the subpoena is so broadly written that it substantially infringes on “the right to privacy” guaranteed under Arizona state law, the lawsuit argues.
The Wards were among the 11 Republicans whose names were listed on the 2020 General Election ballot as Arizona’s electors for then-President Donald Trump. Both also signed an “alternate” slate of Arizona electors which they hoped could be used on Jan. 6, 2021 instead of the 11 electors for now-President Joe Biden.
The lawsuit concedes Kelli and Michael Ward use their business account phones for personal calls, including political communications, but argues that the data which would be disclosed by T-Mobile does not relate to a sufficiently important government interest between the Wards and the Jan. 6 attack at the Capitol.
In addition, two of the four phone numbers associated with the targeted T-Mobile account are used by the couple’s children, according to the lawsuit. “Congressional investigators cannot possibly have any legitimate investigative interest in invading the personal privacy rights of the Wards’ children,” the filings state.
Several arguments against the subpoena center on the Wards’ work as medical professionals which is provided state and federal privileges of medical privacy and physician-client communications. The Committee has not addressed how it would limit the use or disclosure of confidential patient information that might be revealed if T-Mobile releases the demanded data, the lawsuit argues.
Kelli Ward is a practicing Doctor of Osteopathic Medicine who practices medicine exclusively in the field of medical weight loss. She uses a Health Insurance Portability and Accountability Act (HIPAA)-compliant videoconferencing system for telemedicine visits with her patients, although there are times she relies on her Mole Medical phone to speak with patients, the lawsuit states.
Michael Ward is also a practicing Doctor of Osteopathic Medicine who serves as medical director for an air ambulance company. He actively practices emergency medicine in Arizona, mostly in the Lake Havasu City area where the couple live in Mohave County.
“In certain circumstances, Michael Ward gives the Phone Number to patients to follow up on their questions, the status of their condition, and the state of the improvement of their health,” the lawsuit states, adding that the same number serves as a point of contact for Ward’s work for the air ambulance, which involves calls from emergency medical technicians and paramedics about patients.
The lawsuit which also names Rep. Bennie Thompson (D-Mississippi) in his official capacity as the Committee’s chairman calls into question whether the subpoena was properly issued by the Committee due to quorum issues as well as a House rule which requires the Committee’s members to “authorize” a subpoena.
The case has been assigned to U.S. Magistrate Judge James F. Metcalf. Each defendant will have 15 days to file a response once served with the Wards’ complaint and summons.
QR codes can be scanned to download a coupon, sign in at a medical appointment, even look at a restaurant’s menu while waiting to be seated. They can also used by cybercriminals to scam people, the FBI is warning.
A QR code is a square barcode that a smartphone camera can scan and read to provide quick access to a website. It can also be used to prompt the user to download an app or process a direct payment to an intended recipient. And businesses large and small utilize QR codes for customer rewards programs.
The popularity of QR codes grew during the COVID-19 pandemic in part due to the contactless nature of the technology. But more and more cybercriminals are now tampering with the codes to surreptitiously redirect victims to a malicious site in order to steal login and financial information, the FBI warns.
“Cybercriminals tamper with both digital and physical QR codes to replace legitimate codes with malicious codes,” the FBI stated. “A victim scans what they think to be a legitimate code but the tampered code directs victims to a malicious site, which prompts them to enter login and financial information. Access to this victim information gives the cybercriminal the ability to potentially steal funds through victim accounts.”
The scammers can also utilize a QR code to embed malware which allows a cybercriminal to gain remote access to a victim’s device, and even redirect money transfers to the criminal, according to the FBI. The cybercriminal can even leverage financial information stolen from the device to withdraw funds from the victim’s bank accounts or credit / debit cards stored on the device.
“Law enforcement cannot guarantee the recovery of lost funds after transfer,” the FBI stated.
Companies are advised to consider whether the immediate convenience of offering QR code options is worth the potential cost of dealing with security breaches and disgruntled customers.
And for those consumers who really want to utilize QR codes, the FBI has some suggestions to reduce -albeit not eliminate- the risk of falling victim to a scammer.
According to the FBI:
Do not download a QR code scanner app, as this increases your risk of introducing malware onto your device. Instead, use the built-in code scanner incorporated in your camera app.
Avoid making payments through a site you were sent to via a QR code. Instead, manually enter a known and trusted URL to complete the payment.
Also, use caution when asked to enter any login, personal, or financial information from a site you navigated to from a QR code.
If you receive a QR code that appears to be from someone you know—such as a local business or medical provider—contact them through a known number or address to verify they sent you the code.
Do not download an app to your device via a QR code. Use your device’s app store instead for any download.
If scanning a physical QR code, ensure the code has not been altered or tampered with, such as a sticker placed on top of the original code.
Once you scan a QR code, check the URL it opened to make sure it is the intended site and looks authentic. A malicious domain name may be similar to the intended URL but with typos or a misplaced letter.
Finally, if you receive a notice of a failed payment from a company you recently made a purchase with and the only option you are given for completing the payment is via a QE code, call the company to verify. But do not use the phone number included on the notice—ensure you obtain the number through a trusted site.
If you believe you have been the victim of a QR code scam, contact your local police department or sheriff’s office. They may conduct the investigation or refer the matter to the nearest FBI office.
Meanwhile, suspicious QR code activities can reported directly to the FBI Internet Crime Complaint Center at www.ic3.gov
A major U.S.-based airline is pushing for a long-lasting consequence for disruptive passengers—having their names added to the FAA’s “no-fly” list. But it is not only passengers who engage in violence or a threat of violence who could end up banned from flying.
On Feb. 3, CEO Edward Bastian of Delta Airlines wrote a letter to U.S. Attorney General Merrick Garland asking for support of a plan to ensure more passengers who engage in disorderly conduct on an airplane or even in an airport could be barred from traveling on any commercial air carrier in the future.
“At Delta, nothing is more important than ensuring a safe and secure travel experience for consumers as they reclaim the skies in the months ahead,” Bastian wrote, adding that any “disruption or act of violence on our planes and at our airports warrants full and public prosecution of the offenders, with zero tolerance for any behavior that interferes with flight safety.”
In January, federal prosecution was initiated against passengers in at least four acts of violence against various airline employees. There are also many instances in which a passenger acts in a disorderly manner without placing anyone, or an aircraft, in immediate danger, and is therefore not prosecuted.
Which is why Bastian is calling on all U.S. commercial air carriers to share their “unruly passenger” no-fly list so that individuals with a history of bad behavior against one airline can be prevented from doing the same on another carrier.
But it is not simply passengers who verbally or physically assault crew members or fellow passengers who are considered unruly, according to Bastian’s letter to Merrick.
Passengers who refuse to wear a mask on an aircraft, even when social distancing is occurring or when the passenger is trying to eat, can be deemed by a flight crew member of acting in a disorderly manner. In fact, Bastion’s letter notes nearly 1,900 passengers have been added to Delta’s internal no-fly list for refusing to comply with mask mandates.
The company has also submitted more than 900 of those names to the Transportation Security Administration to pursue civil penalties, Bastian wrote. Such penalties can include thousands of dollars per violation, even if there is no criminal prosecution.
Delta is one of 10 members of Airlines for America (A4A), formerly the Air Association of America, which represents the interests of several of the country’s leading airlines. The other A4A members are Alaska Airlines, American Airlines, Hawaiian Airlines, jetBlue, Southwest, and United, as well as commercial cargo carriers Atlas Air Worldwide, FedEx Express, and UPS.
Arizona businesses small and large are facing yet another challenge due to COVID-19.
FedEx announced a pause this week of its economy express freight services within the U.S. The reason? Too many staff members are unavailable for work as a result of the continuing spread of the Omicron-variant.
The shortages impact FedEx’s popular two-day and three-day freight services relied on by thousands of businesses every day. The effect is a further disruption in America’s manufacturing and retail supply chains which have derailed U.S. automakers and the aerospace industry for months.
Economy freight services are also vital for the delivery of medical equipment, commercial construction, and high-volume printing.
News of the FedEx decision comes just as the company is restarting international economy freight services shut down last month in response to staff shortages across its network.
Similar delivery impediments have hit UPS and the U.S. Postal Service, due in part to employee absences related to COVID-19 as well several extreme weather events across the country. As a result, delivery guarantees are currently suspended on some UPS domestic and worldwide services. In addition, some UPS customer facilities are closed.
“Severe weather conditions and the COVID-19 Omicron variant may impact operations and staffing in parts of the country,” according to a current UPS service alert. “Although we implement contingency plans to minimize service disruptions, delays to service may occur.”
Even regular residential and business mail delivery is being effected in some parts of the U.S.
“Postal Service Priority Mail® products and First-Class® packages may temporarily require more time to be delivered due to limited transportation availability as a result of the Coronavirus (COVID-19) pandemic,” according to the USPS website. “Priority Mail’s two-day and three-day service commitments will be extended to three days and four days, respectively.”
On Wednesday, Secretary of the Army Christine Wormuth issued a directive that commanders are to begin involuntary administrative separation proceedings against any regular Army soldier, reserve-component soldier serving on Title 10 active-duty, and cadet who has refused the COVID-19 vaccination order and does not have an approved or pending exemption request.
Wormuth’s Army Directive 2022-02 (Personnel Actions for Active Duty Soldiers Who Refuse the COVID-19 Vaccination Order and Accession Requirements for Unvaccinated Individuals) was announced by U.S. Army Public Affairs. It is based on claims that Army readiness is at risk due to soldiers who are not vaccinated.
The Army has not yet involuntarily separated any soldiers solely for refusing the order to be vaccinated, but the separation proceedings are to be conducted “as expeditiously as possible,” the announcement states.
“Army readiness depends on Soldiers who are prepared to train, deploy, fight and win our nation’s wars,” said Wormuth. “Unvaccinated Soldiers present risk to the force and jeopardize readiness.”
The announcement also reveals that as of Jan. 26, Army commanders have relieved a total of six regular Army leaders, including two battalion commanders. They have also issued 3,073 general officer written reprimands to soldiers for refusing the vaccination order.
One of the two exceptions addressed in Wormuth’s directive impacts soldiers who will complete their separation or retirement, or begin a transition leave, on or before July 1. They will be granted a temporary exemption so that they may complete their separations or retirements.
In addition, unvaccinated soldiers who have requested medical exemption or religious accommodations will also be temporarily exempt from the COVID-19 vaccination requirement while their requests are reviewed.
However, unvaccinated service members, even if exempted, must continue to comply with COVID-19 screening and testing requirements and applicable safety standards. And they will face additional “counseling” with the goal of changing their minds.
“Army leaders will continue to counsel all unvaccinated individuals on the health benefits of receiving the COVID-19 vaccine,” the announcement states.
There are also some financial hits described in the directive. Service members separated for being unvaccinated will not be eligible for involuntary separation pay. And they may be subject to recoupment of any unearned special or incentive pays.
