babble-tape.pdf

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Kaushal Niroula
Defendant In Pro Per
Booking # 200910575
Indio Jail
P.O. Box 1748
INDIO, CA 92201
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
(INDIO BRANCH)
PEOPLE OF THE STATE OF CALIFORNIA, )
PLAINTIFF
)
)
v.
)
)
)
)
)
KAUSHAL NIROULA, ET AL
)
DEFENDANT
)
)
)
CASE NO: INF 064492
NOTICE OF MOTION, AND
MOTION FOR COURT ORDER,
AUTHORIZING MOVER’S
USE OF “BABBLE” TAPE
DURING ATTORNEY/
PRIVILEGED VISITS
Date: 2-24-12 Time: 8:30 am
Dept. 1B
TO: HONORABLE DAVID B DOWNING JUDGE PRESIDING/PAMELA J WALLS,
COUNSEL FOR THE COUNTY OF RIVERSIDE ON BEHALF OF THE SHERIFF OF
THE COUNTY OF RIVERSIDE STANLEY J SNIFF JR.\ADDITIONAL NOTICE TO:
PEOPLE OF THE STATE OF CALIFORNIA BY THEIR DISTRCIT ATTORNEY OF
THE COUNTY OF RIVERSIDE, PAUL E ZELLERBACH AND OR HIS
REPRESENTATIVE.
NOTICE IS HEREBY GIVEN
that on the 24 day of February in the year 2012 at 8:30 am, or
as soon thereafter that the matter may be heard at Dept. 1B of the aforementioned court. The
defendant, Kaushal Niroula,
A Propia Persona
will move and hereby moves this court for an
order of this court compelling Stanley Sniff Sheriff of the County of Riverside and his
subordinates and all incarceration facilities operated within his jurisdiction through his
designates to allow the use of the “Babble file” on his computer and a USB speaker during his
visits either with Court appointed assets or Investigators or attorneys while incarcerated in the
Riverside County Jail in Indio or anywhere else.
Mr. Niroula’s Motion will be based upon this notice of Motion, and motion/ attached exhibits,
any further supplemental evidence filed before the date of the hearing and further any evidentiary
testimony offered at the hearing and any and all documents filed on this case and on this matter.
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NOTICE OF MOTION AND MOTION FOR COURT ORDER AUTHORIZING MOVER'S USE OF "BABBLE TAPE
DURING ATTORNEY VISITS
MAY IT PLEASE THIS HONORABLE COURT.
Defendant,
KAUSHAL NIROULA,
(hereinafter referred to as “Mr. Niroula”) respectfully requests this Honorable Court receive
this Motion for authorization to use a “babble tape” during visits he has with his Court
appointed assets and Attorneys which, in addition to allowing the use of the “babble tape”
authorizes the use of a single speaker system capable to connection to Mover’s Court
authorized Apple MacBook Laptop Computer during his visits with his Court appointed
assets and attorneys.
1.
In Support
of this Motion, Mover attaches hereto his Declaration, and the Declaration of
Demi Tolbert Esq., and Martha Dixon, Mover’s Court appointed Legal Runner, and S. Stephen
Spring, II, Esq., and James M. Atkinson
in globo
attached and annexed hereto as EXHIBIT “A”.
2.
Mover
relates that as reflected in the records of this Court proceeding, there is
undisputed evidence that privileged telephone calls between Mover and various attorneys were
recorded by third parties unknown and without the consent of this Mover or his attorneys. In
addition, there exists evidence which suggests that there is present in the Indio Jail facility, a
recording system which monitors, intercepts, and records for possible dissemination oral
communications between Mover, his Court appointed assets, and attorneys who, from time to
time, have visited your Mover and are providing legal advice and services for various other
matters such as your Mover’s Immigration status with the United States,
inter alia.
3.
The required protocol mandated by the Riverside County Sheriff’s Office requires
attorney visit personnel to check in at the front desk, provide identification, and then enter into
one of two attorney booths. These booths are separated from Mover by a cement wall and clear
glass panel. A pre existing slit in which documents could be passed has been closed and locked
with a custom metal plate. As a result of this structure, the acoustical makeup of the structure, to
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NOTICE OF MOTION AND MOTION FOR COURT ORDER AUTHORIZING MOVER'S USE OF "BABBLE TAPE
DURING ATTORNEY VISITS
prevent eavesdropping of privileged oral communications, requires the deployment of what is
commonly called a “babble” tape coupled with the use of a speaker system.
4.
This request has been predicated upon at least one occasion during which it became clear
that the Riverside Sheriff’s office has or had installed an eavesdropping system. As reflected in
the Declaration of Martha Dixon, Court appointed Legal Runner to this Mover, prior to entering
the attorney booth, she was asked how long she anticipated she would be visiting with Mr.
Niroula. After relating that she anticipated being in interview for approximately at least an hour.
Immediately after relating the answer, Ms. Dixon heard one deputy tell ostensibly another
deputy, “Get two CD’s”. In addition, as reflected in the Declaration of Demi Tolbert, Esq., a
member of the California Bar in good standing, the Sheriff’s Department explicitly maintains an
unconstitutional policy of intercepting all oral communications between attorneys and their
clients at every jail facility in Riverside County, as related to her by Deputy Clark on Friday,
February 3, 2012.
5.
Premised upon this factual basis giving rise for concern, and after consultation with S.
Stephen Spring, II, Esq., an attorney with a background in both technical intelligence and
technical surveillance countermeasures, Mr. Spring, whose firm represents one of the most
knowledgeable TSCM’s assets in the world, requested the engineering, composing, and
production of a “babble tape”. In order to prevent acquisition of oral communications, acoustic
noise maskers and babble tapes are commonly utilized by intelligence agencies, military
services, and the military.
6.
In this particular case, the babble tape was produced in accordance with the specifications
requested for attorney visits between and among Mr. Niroula, his Court appointed assets and his
attorney(s) for other matters including Stephen Spring. The babble tape consists of a digital
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NOTICE OF MOTION AND MOTION FOR COURT ORDER AUTHORIZING MOVER'S USE OF "BABBLE TAPE
DURING ATTORNEY VISITS
computer file. The proper technical name for this file is that of a “Babble Tape” or “Masking
File” created to assist in acoustic privacy against hidden microphones and eavesdropping devices
capable of intercepting oral communications.
7.
Within the created file are not less than thirty-two (32) people speaking at a time in
English, plus eight (8) people speaking in foreign languages all stabilized at the same volume
and range. Each speakers audio track is then compressed in time and frequency to create an
additional four to five “voices” for each speaker, and to fill the frequency spectrum with suitable
ranges of vocal ranges and frequencies. These various tracks or voices are then re-inserted
slightly below that of the voices from which they originated. Slightly below the peaks of these
numerous tracks or random mechanical oriented sounds that are outside of normal human vocal
capability, but which are within the range of hearing, and within the range of any eavesdropping
device or hidden microphone. Also contained in the files is a reoccurring supersonic burst at
random intervals, which can not be heard by an adult person, but which may be heard by
children and by sophisticated eavesdropping system. These supersonic bursts, engineered to
interfere with the automatic gain control circuits in any eavesdropping device may be heard as a
rhythmic ticking sound through the file.
8.
The specifically constructed babble tape file for Mr. Niroula contains the voices of Mr.
Niroula, Martha Dixon, and Stephen Spring, including other Court appointed assets’ voices.
Thus, an eavesdropper may hear a particular person’s voice in fragments and any attempt to
follow that voice will be frustrated. One listening to the babble tape file will note that
periodically one of the speaker’s voices raises in volume above the rest for a few seconds. This
technique is designed to strain the resources of any eavesdropping. The specific babble tape file
produced for Mr. Niroula’s use is specifically engineered to defeat adaptive audio filtering,
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NOTICE OF MOTION AND MOTION FOR COURT ORDER AUTHORIZING MOVER'S USE OF "BABBLE TAPE
DURING ATTORNEY VISITS
including the use of multiple microphones, phase filters, or related higher performance filtering
methods. Also included are wide dynamic vocal ranges, reversals and phase shifts to further
frustrate any intelligent reconstruction of any intercepted audio. After very careful tuning and
editing of this specific Niroula babble tape, the results are well in excess of 144 tracks which was
duplicated and shifted by 180 degrees of phase offset, such that the resulting 288 files were
reversed and inserted in 50% volume levels to ensure that all gaps in frequency or time were
filled in with additional sound. Thus, the babble tape created has a total of over 576 voices or
sound tracks. These tracks were then mixed down into the dual track audio file being the Niroula
final babble tape.
9.
Mr. Niroula has been provided by Court order with an Apple Laptop computer. As a
result it is imperative that a separate audio speaker system be provided to him for use in
deploying the babble tape. The file SHOULD NOT BE PLAYED through Mr. Niroula’s
computer since the babble tape file will with a high degree of probability damage the computer’s
speakers after prolonged usage as the continued use over the computer’s speaker membranes
does not allow them time to rebound. This results not from volume, but from frequency of
coverage and sound durations.
11.
As a result, on Monday, January 23, 2012, Martha Dixon, Stephen Spring, James Butts,
F B I Special Agent retired, and William Picard drove to the Staples Office Supply Store located
in La Quinta, California. As reflected in their Declarations and a copy of the sales receipt, one
(1) Cyber Acoustics Portable USB Powered Speaker, Model No. CA-2880, for use by Mr.
Niroula’s laptop computer on the prisoner side of the attorney visit booth for the East Wing of
the Indio Jail where he is presently incarcerated. Since the purchase of this speaker which was
NOT removed from its original packaging, it has been under the exclusive care, custody and
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NOTICE OF MOTION AND MOTION FOR COURT ORDER AUTHORIZING MOVER'S USE OF "BABBLE TAPE
DURING ATTORNEY VISITS

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