FBI Does A Cracker-Jack Job 306
kade writes: "MSNBC has an article on a story about the FBI hacking the machines of a bunch of Russian crackers in an attempt to get evidence on them due to the the inability or unwillingness of the Russian goverment to assist them in fighting cybercrime." Another reader pointed to coverage on CNN as well.
OK but... (Score:1)
Re:Great line (Score:1)
The only thing that could bite them is international treaty. What they need to do is lure those FBI agents over to Russia so they can be prosecuted for their little hacking gig.
Re:Great line (Score:2)
One of my favorite bits of USSC writing is the Justice Brandeis desent on the wiretapping case from the 20's when the FBI said that they did not need a warrent to tap a phone. (Brandeis and Homes said that they did but were in the Minority)
In all probability the evidence will be challenged in court.
IANAL!
Re:Great line (Score:2)
But in theory it should contrain the FBI, I would think. Has this type of thing ever been tested in a court? I don't really know. If something similar has never come up before the judge will have to decide what the law is. This is why we have judges and courts after all.
Soda Crackers? (Score:2)
But then Animal Crackers are my favorite.
Re:Great line (Score:1)
Re:FBI & Chechnya (Score:1)
However, what ever crimes have been committed in Chechnya by chechens has nothing to do with what has happened in this case.
Here there were criminals stealing monies and resources from US citizens. The US ask for help from the Russian government, who did not even respond.
The FBI did not invite the criminals to comit any crime. They ask them to show there expertise as in a job interview. Why? So, that the FBI could sniff the ids and passwords. This is not entrapment, which you imply.
The only thing questionable the FBI did was tell the criminals that they were interviewing for a job.
The rights extended to non-US citizen by the US far exceed those extended by many other countries including Russia.
I personally feel these two got just what they deserve. They will have plenty of opportunity to defend themself in court.
I have one last observation. Either, you have a very small vocabulary or are not very well educated. The prolific use of vulgar words to make a completely idiotic argument does not lend anything to your credibility.
Troy
Re:It's not a look warrant! (Score:1)
Re:Interesting (Score:1)
Re:This quote says it all... (Score:1)
Re:The Interesting Ending (Score:1)
:)
Re:The Interesting Ending (Score:1)
Those prizes consisted of handcuffs and getting read some rights before leaving out the back for jail time.
What hack? (Score:1)
Electronic Evidence (Score:1)
Prosec: "As you can see in the log files
Defens: "Objection: the material security of the log files has not been proven. The prosecution has to prove it that the log files are a true recording of what happened. That the log files and logging process was a completely secure and tamper proof system."
Prosec: "The log files show that no one accessed the system."
Defens: "Objection: Log files are just that, they can be edited. Was the console secure? Was the net access secure?"
Prosec: "When we examined the system."
Defens: "Objection: Prove that the system was not tampered with or completely ghosted by a backup system between the time of the events in question and the time the material was secured."
Re:Reverse Hacking? (Score:1)
However, we're going to piss off a lot of countries if we continue to assert that the FBI can do whatever it wants outside of the US.
The War on Hackers has turned up a notch.
Re:Electronic Evidence (Score:1)
Prosec: "When we examined the system."
Defens: "Objection: Prove that the system was not tampered with or completely ghosted by a backup system between the time of the events in question and the time the material was secured."
Judge: Counselor, if you don't stop spouting electronic gobbledygook, I'll have you held in contempt. The prosecution may continue.
Invicta? (Score:2)
Re:FBI & Chechnya (Score:1)
he takes the risk of venerating those same "terrorists" he so despises
then I'm not overreacting. There is nothing to venerate on those animals. And note: a large part of these "freedom fighters" are no ethnical chechens. It is just scum gathered from all ex-USSR, mainly from Caucasus, and which found a hot seat in Chechnya at the beginning of the 90's. On what concerns Chechens themselves then I know some of them, who are great people and have nothing in common with these swines that are even unable to read the Al-Khoran.
FBI & Chechnya (Score:2)
In Russia this is consider as the same as kidnapping. I think the FBI has done it because not even the average citizen will understand this. So you US Government Fuckers how better you are than those terrorist groups in Chechnya? How can you talk about human rights if you act the same way as bandits, terrorists and outlaws? Have these guys commited a crime? Maybe. Anyway it is a economic felony which barely touch people's physical well-being. But now their crime is pointless because you committed a bigger crime, you kidnapped people against their will in a foreign sovereign country. You lured people, invited to commit a crime and got them incarcerated. The typical move of "chechen" terrorists and mobs.
You disrespect local laws and rules and you what us to hear you? Go Fuck! Next time the US Government will talk about Human Rights in Russia they can pick the paper and stuck it in their ass. The sound will be more hearable than their voice.
Re:Two key points (Score:2)
If this happened than FBI can happily know that it violated article 272, part 2 of chapter 28 of the Criminal Code of the Russian Federation. The article claims setences starting from 500 minimal salaries (about US$4000) and up to 5 years of detention. Note that this considers only the fact of illegally accessing a computer.
On what concerns the arguments about local police doing nothing against criminal hackers then I can state this is pure BS. In fact in every major Russian city there is now a special department called 'Direction "R"' that fights computer crimes. Maybe the guys are not as effective as FBI "bright minds". But still is amazing to see how FBI treats their colleagues.
More interesting is that Chelyabinsk is one of the later military centers in Russia. So I believe that if police is sleeping there (Direction R is a police force) than the ex-KGB is surely not sleeping. And I believe that even the most corrupt FSB general would not leave these guys in the fresh air. People are now fucking sensitive to such things after a few major break-ups in Moscow and other cities.
So I can take only one conclusion from FBI's actions: bravado.
What's next? SEALs landing in some Mokrovka village to catch a small group of teenagers playing a cracked Xbox?
Re:FBI & Chechnya (Score:2)
No? So what the fuck are you talking about? I saw people being threatened, beaten and nearly killed. By these same so called "chechens", "freedom fighters" and "independentists". I saw what they wanted to do out of Russia you jerk because I had to deal with these bastards out of Chechnya before the war came. I saw only extortion, explotation, rape, and brute violance that reached cutting fingers and stabbing people. I had to save people from their hands and even save myself. So you sucker don't talk to me about Chechnya.
On what concerns what I despise then I despise because it HAPPENED in front of me and WITH me, you motherfucker.
Re:Many great lines here (Score:2)
Now, it seems that law enforcement has more rights to overcome the law?
Re:FBI & Chechnya (Score:2)
This does not change the nature of the method used to lure people. It is clear on the article that these guys were invited to US with the high probability to commit a supposed crime. According to the article: "asked the men to demonstrate their prowess on a computer outfitted with ?sniffer? software to record every keystroke".
Here there were criminals stealing monies and resources from US citizens. The US ask for help from the Russian government, who did not even respond.
BS. Pure BS. You think that FBI phones MVD and no one takes up the phone? There are several of such cases hapenning in Russia and there were already tens of arrests. Besides not only against credit card fraud but also against child pornography. Curiously I noted that the arrests were mainly done with european police forces. US police forces seemed to be missing in most arrest stories here. Now I start thinking why this happens...
The rights extended to non-US citizen by the US far exceed those extended by many other countries including Russia.
Give me a break a? One does not need to live in the US to see how double standarded is your system. You even don't have foreigners but only "aliens". Let's remember that some state of yours sent a german killer to the electric chair for a few deaths and you made a whole mess when some american citizen gets capital punishment for transporting drugs.
On what concerns Russia you haven't seen what saw. I saw people going directly against laws and rules to help foreigners to avoid returning to their countries. as most of these people may suffer persecutions or have their country in shambles. Now I would remind that I have now two friends in the US who are forced to leave soon because their visa expired. No matter that their country is on fire...
I personally feel these two got just what they deserve. They will have plenty of opportunity to defend themself in court.
Well dear American citizens, and what can I say of this guy? A court is only a court if it is located in the US? And did they really got what they deserve? The crime was commited in the other side of the globe. Was expertise preformed? Criminal experts, interviews, analysis? Maybe this guys are only "executors". Mercenaries burned in a "descent mission" to Invita, Seattle. Excuse me dear American citizens but your co-citizen is just the typical portrait of your American Fat-Colestherol patriots...
I have one last observation. Either, you have a very small vocabulary or are not very well educated. The prolific use of vulgar words to make a completely idiotic argument does not lend anything to your credibility.
My vocabulary is not perfect as I am not a WASP, BASP or any other kind of freak. But for such an educated jerk like you, it goes as far as your mind may understand. And i am not chasing credibility. I don't need that shit. I stated only and only my OWN fucking opinion.
Re:FBI & Chechnya (Score:2)
I cannot understand your reference on Russians for someone advertising a site, with clear muslim marks... And, besides, which talks about Jihad. Jihad cannot be against a nation.
On what concerns censorship and mis-information then it is a prerrogative of every state. Unfortunately they cannot live with it. No matter it is Russia, the US, the EU, China, the Republic of Ichkeria or anyone else.
On what concerns the facts I testified. They are what I lived and overlived for nearly a year among people related to the Republic of Ichkeria. They are not to be cited as a game of who's right or wrong. I don't play games with the suffering of people, as I directly testified too many times for the death and suffering of millions on Earth. For evaluating the wrongs or rights of such events there are courts. Public forums are not a place to judge such things. Specially when they are political or pro-political ones.
Anyway, this personal testimony is what gives me the right to name "Chechens" as a nation with the right to self-determination and to name those, who destroyed this dream, as criminals and bandits with lots of self-esteem and bravado. Hope, one day, this nation will be wiser on choosing their leaders and capable of holding them from doing silly actions.
In any case I started to compare FBI to "chechen" groups not for "evidences". I used it to show where I see spectacular parallels in the nature of the actions taken to lure people. It's my opinion and it is an opinion based on an harsh experience. If you have another opinion let it be. But don't level MY opinion as a justification of YOUR opinion as they are diametrally different. In such case beware, as I am not easy with people playing words...
Anyway, Peace.
Give 'em the Chair. (Score:2)
Seriously, I wonder if Russians realize that their government's unwillingness or inability to persue these sorts of criminals makes them look to the rest of the world like a haven of corruption and crime. As appearances go: Chechnya is to Russia as Russia to the rest of the world
Very interesting post! Please mod parent up! (Score:2)
Just when I'm about to give up on slashdot as a source of never ending, mindless drivel I find a gem like this, buried beneath the countless posts posturing and belaboring the obvious. I for one had no idea that Russian law enforcement was this involved in tracking down computer criminals (as my other rather provocative post in this thread demonstrates). This is the sort of thing we here in the west hear nothing about, and it colors our perceptions of Russia inappropriately as a result.
More interesting is that Chelyabinsk is one of the later military centers in Russia. So I believe that if police is sleeping there (Direction R is a police force) than the ex-KGB is surely not sleeping.
Unless, of course, it is ex-KGB freelancers that are engaged in these activities, with friends and contacts within the existing law enforcement structure running cover for them. I have no idea if that is the case for these two individuals
So I can take only one conclusion from FBI's actions: bravado.
That is almost certainly the case. It is also a political game -- they can trot out successes like this one come budget time and probably get more funding as a result.
What's next? SEALs landing in some Mokrovka village to catch a small group of teenagers playing a cracked Xbox?
No, but if you are native American, speaking out against the government in Washington, watch out!
Privacy invasion is okay now? (Score:2)
I for one think our country should keep it's police in our country and think that other countries should do the same. If that other country doesn't give our country permission that is even more of a reason not to do it. It sounds like these FBI agents are nothing more than criminals.
Isn't the CIA supposed to handle international stuff? Or in this case possibly the NSA?
Re:being clueless (Score:3)
Hang on there - just because the Russian government isn't able to do something in their own country (and may not even want to, since they didn't invite the FBI to come in and arrest these guys) and the FBI does have the means and the opportunity to do so, doesn't give the FBI the right to do so. That's what being a sovereign nation means - you can maintain your territorial integrity even when it annoys other countries. If other countries violate your territory, you make an incident out of it as a matter of course.
In reality, if you don't defend your territory enough, you end up not being sovereign any more, because there's no world organization that enforces nations' rights against each other. But that's another story.
If another country approached the U.S. for the extradition of a criminal, and the U.S. didn't recognize the crime (say, distributing soft-core pornography to Muslim countries, or sending Nazi memorabilia to France (the horror)) and so didn't hand the U.S. citizen over, and then a foreign power lured said citizen out of the country, entrapped them to get their password, and then used said password to steal information out of U.S. territory, you can bet the U.S. government would have a cow. If they didn't, then it would be open season on U.S. citizens the world over.
The Interesting Ending (Score:3)
Jethro
Many great lines here (Score:2)
Let's see: The theory is, "reverse hacking" is good, because it's done by law enforcement; but had a
Defendent "Gorshkov's attorney, Kenneth Kanev, said it was illegal for the FBI to obtain Gorshkov's username and password and use them to access potentially incriminating data from computers halfway around the world without a search warrant." Interesting point. Does this mean the FBI guys are in trouble? Does it mean the evidence is inadmissable? Are these questions independent?
U.S. Attorney "Schroeder says Gorshkov was using someone else's computer and had no reasonable expectation of privacy." If the Russians broke into third party computers, the FBI broke into them, too? (If the evidence is all from the FBI computer the Russians hacked into, and perhaps through, then it's a clean bust, IMHO.)
"They and associates who remain in Russia are believed to have made tens of thousands of probes and intrusions into computer systems, usually through a vulnerable version of Microsoft Windows NT." Is anyone suprised?-)
Reverse Hacking? (Score:2)
-B
Reverse hacking? (Score:2)
Oh yeah, reverse hacking... that's kinda like when someone punches you in the stomach and then you use reverse punching to get back at 'em.
Let's take a look at an executive summary of the etymology of this term: it's cropped up in a couple of mailing lists and yet it seems to have no useful meaning. A mere 35 hits on Google [google.com] for 'reverse hacking', but it seems to have a different meaning each time it was used, from "corporate cyber-vigilantism" to "hacking your own computer." Although, it's used exclusively on reputable mailing lists like 'The Hacker Bulletin Board' and 'Windows Security Advice'.
"Reverse hacking" was referenced as early as 1987 by 1 person in the phreaking community to describe "services putting a carrier tone in thier recordings to fool your friendly hacking program into thinking that the code was valid". If that doesn't prove that this term adds no value to the English language, I'm not sure what would.
Anyhow, it's amusing that I suspected that this term was only used by a moron at CNN, and after 5 minutes of investigation, I determined that it was only used by morons around the world.
Re:Double Standard (Score:2)
Time To Create Russian Honeypots (Score:2)
No privacy violation here (Score:2)
BWHAAHAAHA! Right to privacy! That's a good one guys!
"The cop just sat there and watched as I walked into the bank. You can't just sit there and watch criminal who are minding their own business. That's invading their privacy!"
Idiots. The courts have upheld that if a police officer believes there is sufficient probability to support that evidence may be destroyed, they may take steps to protect that evidence. Like they can stop drug dealers from flushing during a raid.
These jerks are BUSTED, plain an simple. Good going FBI with the human engineering!!
Re:Reverse Hacking? (Score:2)
dumb crackers (Score:2)
Re:Invicta? (Score:2)
Is that within their charter? (Score:2)
Re:Double Standard (Score:2)
I don't recall mentioning Taiwan anywhere. Is Taiwan an independent country? Have the US recognized it as such?
What is interesting to me is the direction China and the US are taking. Deng Xiaoping said, "To get rich is glorious" which sounds like a paeon to the free market, which is the direction they are going--towards liberty. Even now, they are problably not much more economically regulated than the US are (no Americans with Disablities Acts, no EPA, FDA, etc, etc, etc). They are not there (civil liberty) by any stretch of delusion, but they just may get there. The US, OTOH, are moving toward a ponderous socialist worker's paradise...
Why are US Civil "Liberties" always accompanied by Government regulations, which always seem to remove Liberty?
--
Amazing (Score:2)
Am I the only one completely amazed by this statement. Here, these agents plainly admit to *copying* data which may not be legal to have or view. Um, how is this different from copying some piece of music or literature you may or may not be allowed to use, without listening to or reading it? This seems like it could set (or shatter) a big precedent. Imagine that, *copying* digital data may not necessarily be equivalent to "stealing" it. Amazing.
What are the politics of this? (Score:2)
Technically, if the compromised hardware, software, company, what have you is physically *inside* united states boundaries, then the attacker could be persecuted under US law, yes? Conversly, if some 1337 d00d in Jersey hacked a Russian site and pissed them off, he should likewise be subject to the same considerations.
Yeah, it's the internet, no physical boundaries and all that. Root my server and the only thing seperating you from a fractured skull is the distance factor- something governments don't have to worry about. Crackers do this kind of shit because they know they're not going to get caught- a few serious, well-founded PROVEN criminal cases may serve as a deterrent, or at least get the issue out in the open.
Re:Crackerjack! (Score:2)
It was introduced whit: "It's friday, it`s 5 to 5, it's CRACKERJACK !"
The prizes were pretty crap - you could win a cabbage, or a crackerjack pencil. Later I guess they must have gotten a budget and you could win a crackerjack pen.
One of the things the show had, was that anytime any of the hosts said the word "crackerjack" the audience would yell out "crackerjack" really loudly.
It was a very strange show.
Heres a short clip [80snostalgia.com]
Re:The Interesting Ending (Score:2)
What would have been less, well, wrong would have been to have the FBI work with Russian authorities to arrest them (perhaps by luring them to a job in Russia) and then continue the extradition procedures.
Re:Great line (Score:2)
Re:Very Bad Joke (Score:2)
Re:The Interesting Ending (Score:2)
Gold Old NT (Score:2)
Re:Time To Create Russian Honeypots (Score:2)
Better yet, VPN a subnet back to the US from Russia so that the system simply appears to be on a really bad connection in Russia, but in reality is an American system. FBI breaking into computers on American soil would be a great story, especially doing it without a search warrant simply because they THOUGHT it was somewhere else. That would be worth a few million dollars in constitutional rights violations and would learn them a lesson. The only way to know would be that extra delay, which could be attributed to a slow connection domesitcally in Russia.
Is there any sort of law that would make it an "international" system simply because traffic leaves the United States but returns to reach it?
I can just see the next X-Files... (Score:5)
Scully: 411 UR B453 4R3 B310NG 2 U5!
At which point hopefully the smoking man comes in and shoots them both in the back of the head.
Great line (Score:3)
I just LOVE this line...
Pardon me for being clueless... but if you don't have jurisdiction there... then you have NO legal right to do that, meaning you BROKE THE LAW. Just because it's another country doesn't whitewash it!
Paypal culprits (Score:2)
I for one am glad to see the FBI going after real criminals for a change.
Reversed (Score:2)
So what happens when this is reversed?
Say, for example, John Doe sells some Nazi merchandise on a website which French users can view. Then John travels to France, where he's arrested for a crime which isn't a crime in the country he "commited" it.
Opens the door to a lot of international mistrust.
Serious questions of Jurisdiction. (Score:2)
The FBI is absolutely forbidden from engaging in foreign survailance. This is the role of the CIA.
I suspect this is just the beginning of how the net is going to break down all our preconceptions of geography and force major changes in the structure of our scoiety,
Re:Invicta? (Score:2)
Rich
Re:Invicta? (Score:2)
As I say, it's very popular, there are Invicta public houses, Invicta garages and even "Invicta FM" (often termed "Inflicta FM")
Rich
Re:Invicta? (Score:2)
Rich
Re:did you make that up or did they change it alre (Score:2)
Re:The Interesting Ending (Score:2)
[I] think there will be a bit of 'uh... who should do it?' for awhile.
What's more likely is that each agency scrambled to put together a political argument in favor of getting authority over this new jurisdiction, and with it, more funding and recognition. The FBI may be with winner, with a fait accompli and attendant media circus.
Re:What hack? (Score:2)
Well, I originally thought, after reading the article, that referring to it as hacking or cracking was going a bit far. But after reading your thoughts, I have to agree with you to a point. I think that it was a clever bit of social hacking (or social engineering, whatever you want to call it).
I still haven't figured out whether I agree with what the agents did, but I have to admit that I admire the way in which they did it.
--
Re:This quote says it all... (Score:4)
As evil as class action suits are in the eyes of many, they're great for just that sort of thing. $75 is a thorn in the side, but a class action suit is a huge lamb-feces encrusted iron spike.
should have used S/Key (Score:2)
Re:Double Standard (Score:2)
The way I understand it, since it's a US Law Enforcement agency, they're bound to uphold and respect US rights and procedure, whether their targets are US citizens or not.
A host is a host from coast to coast, but no one uses a host that's close
Re:The Interesting Ending (Score:2)
It's a real company! (Score:2)
Re:One word (Score:2)
Re:FBI's jurisdiction arguement (Score:2)
Re:One word (Score:2)
It's easy, and to some extent valid, to observe that different policies and procedures would prevent or minimize damage after the fact. People should always use a compromise as an excuse to review their procedures. But security is always a compromise on usability, and determining ahead of time exactly where to draw that fine line is an impossible art.
Incidentally, if you don't feel that NT/IIS has adequate security, it seems to me that you've missed your own point--properly installed and configured, that setup can be as secure as anything else on the market. But perhaps you were trying to say that in your case, you couldn't provide the functionality that you wanted with the security you wanted. I guess that would be my point--you've got to make that tradeoff somewhere, and I'm not sure you should castigate these guys for doing so. Nobody likes a whiner, but I think it's reasonable to be pretty pissed off when you get jammed like that.
Re:FBI's jurisdiction arguement (Score:2)
Well, maybe that's why it seems that way to you but it seems that way to me because I've tried to get Russian authorities to move on extortion threats received from Russian nationals, and not gotten very far. I don't have any trouble believing that the victims in these cases didn't have any better luck. Do you have any evidence to the contrary, or were you just talking out of your ass because you don't like the FBI?
Re:One word (Score:2)
I guess I just find it disturbing that you seem to hold the victims more responsible for the problem than the attackers. Prudence is one thing, culpability another. To draw a poor analogy, if you're going to walk at night in a bad part of town, you should be prepared for muggers--but that doesn't mean you should just accept being mugged. You should still call the cops, try to find the guys who did it, and take them off the streets. That's not whining, it's civic responsibility. Vengeance is not the point--justice is. There may always be someone else, but that doesn't excuse these guys in particular--they should be pursued and removed from the scene.
Aside; that's an interesting argument against NT/IIS--usually what people say is that it's less secure because there are fewer reported vulnerabilities weekly than other, more open platforms... implying that more open platforms are better reviewed for security. If you really believe that, though, you should take a look at the actual numbers: securityfocus stats [securityfocus.com] Considering the percentage of all webservers that are hosted on NT, it actually has fewer reported vulnerabilities for its market penetration than some Other operating systems (not naming any names here
I don't like how MS handles flaws, either, but it's really just a mirror for corporate America. I've never worked anywhere where the PHBs were more concerned with fixes than features--until after they got hit.
Re:One word (Score:2)
Aside: The point about the stats, though, is that even though NT is higher than everything but the aggregate of all linux distros, it's not as much higher in exploits as it is in market penetration. If NT had 100% market share, they would have 100% of all exploits. In other words, you should see a correlation between how wide-spread an OS is an how many 'sploits are found for it, presuming all other factors are equal. But NT actually has a lower percentage of 'sploits against it than it has market penetration. So, for instance, if you took certain other operating systems and extrapolated them out to having the market share that NT currently does, you would actually see them with more exploits against them than NT has. You could argue that this is a Bad Thing and that more problems found mean more fixed; but I don't think you can argue that NT has more exploits for market share than other operating systems.
I don't have a comment on the nature of the exploits, since I can't seem to find any relevant stats for that. Off the top of my head, I can only think of a few popular IIS/NT exploits that allow full file access or arbitrary code execution.
Re:FBI's jurisdiction arguement (Score:2)
Re:Packet Sniffing (Score:2)
Maybe. But even SSH is vulnerable to a keyboard monitor. Since they were using the FBI's computer, they could have easily installed one. Looks like this:
ssh -l foo -p 31337 host.bar.com^MallYourb4se4reBELongtoUS!^M
and there you have it.
Interesting (Score:2)
This raises an interesting constitutional issue. Lets say, for example, your are an american business man and often travel to Russia. Now, the FBI thinks your a low life money launderer for the Russian Mob and the only reason you haven't been arrested in Russia is because you pay off the police. They don't have much to prove this. In fact, they can't even get a wire tap for your cell, which is provided by an american company.
So one day, you are in Russia and using a Russian ISP, you check your email. Now the FBI, through perfectly legal means, gets your IP, breaks into your computer, and finds....NOTHING except a LOT of porn with couple images that MAY be girls under 18. You come back to the states, they arrest you under for child porn (when they know its contestable) so they can get warrents to check your house in the vague hope of finding something to prove you are with the russian mob.
At no point did they get a warrent.
Sound far fetched. Maybe. But it does raise an interesting Constitutional issue for American Citizens. If I travel to Russia, the FBI, who has not jurisdiction there, should NEED a warrent to invade my property in Russia. Here it is implied that since Russia is not America, the govt can use means that fly in the face of the Constitution to catch someone.
I doubt any evidence gained from a search with no warrent, regardless of the computer being in Russia or not, would NOT pass Constitutional muster. If it did, we need to extend the US constitution.
Re:Interesting (Score:2)
"In this case, the FBI did the right thing."
Here you have done two things: Put words in my mouth and contradicted yourself.
I'll start with the first. I have neither implied nor suggested that US laws apply over seas. What I have implied is that the FBI, which enforces federal law (among other things), should have American Law apply to it, regardless of where the person who is being investigated lives. This is not to protect foreign nationals, but to limit the right of the FBI to investigate ME when I travel abroad. Since, in this case the FBI did NOT know what nationality the people were, it could have been American Citizens. FBI does NOT and should NOT have the authority to do that to me, regardless of where I am at.
Re:Interesting (Score:2)
I'm sure down the road from their office is a federal court that has a judge who would sign a warrent to invistage crimes commited against people on American soil. They HAVE juristiction, else they couldn't arrest these people for their crimes.
"Certainly it has been proven in court that foreign nationals on foreign soil are not granted US protections."
What if these people had been americans? FBI didn't know where they were, they could have just as easily been americans.
"The natural result of forcing US protections on non-US citizens on foreign soil is that the US would have the right to prosecute foreign nationals who have violated American laws without harming American interests. This sort of extra-territoriality would not be thought of highly."
"In this case, the FBI did the right thing."
I have address part of this in a previous post and above, and would like to point out the contradiction. First you point out how "extra-territoriality would not be thought of highly" then go on to say "In this case, the FBI did the right thing". Interesting. Since by the FBI's claim (and your assumed acceptence of said claim), it had no jurisdiction in Russia, yet it was investigating a crime commited by people on Russian soil against American interests. Isn't that the "extra-territoriality" that wouldn't be "thought highly of" you were talking about? How is it a good thing in the light of it being "extra-territorial"?
My claim is the crime was commited on American soil. The server that was attacked was on US soil, the data was stolen from US soil, every part of the crime was on US soil. US laws do apply, even such inconveinces as warrents and due process. As such the FBI needs a warrent.
Indymedia raided by FBI (Score:3)
The Indymedia center in Seattle was raided [indymedia.org] by the FBI. Not only that but the federal government has required that all phones have a tracking device by 2005 [foxnews.com] We should not support a government that hacks into the citizens of other countries computers. It is only matter of time before they do it to us. If they haven't already started. Welcome to the corporate police state.
hmmm.... (Score:2)
*cough* bullshit *cough*
That was honest of them. I know I couldn't resist sneaking a tiny peek.
Re:Ah.. (Score:2)
Re:Entrapment (was Re: ...ramifications) (Score:2)
Re:Entrapment (was Re: ...ramifications) (Score:2)
Re:How much clearer can it get? (Score:2)
Re:Reverse Hacking? (Score:2)
It's not a look warrant! (Score:2)
Did the FBI break US law? It certainly seems that they might have. The whole wash about not having jurisdiction is BS, as the article states the sniffing and login were done in the US...Seattle to be precise.
Now, the sniffer wasn't a problem, I don't think, since the FBI legally owned that computer and are free to install whatever monitoring tools they want (BTW, I don't think it was a sniffer but a key logger). The using of the passwords to log onto an account that was not theirs, however, is a crime. And I believe that if a private US citizen were to hack another computer in another country, that US law would still be applicable. If I kill a Russian citizen visiting the US, am I not guilty of murder in the US? Or am I only guilty in Russia?
So, the FBI broke the law by hacking another computer. This would be OK if they had a search warrant, but, obviously, they didn't get one until after the fact. I wonder if they tried to get one before the operation, and were turned down by a judge who stated that they didn't need one. Barring that, I would say they definitely need a search warrant before downloading the data (including simply viewing the data and gaining access). After all, for the time between downloading the data and having a search warrant for it, that data was effectively stolen merchandise.
And, besides, it's called a search warrant, not a look warrant!
Re:Double Standard (Score:2)
Of couse this was only their argument and not necessarily the law, but it's fairly brash. As was the "expectation of privacy" argument.
I bet they used scripts.
Re:The Interesting Ending (Score:2)
Sounds like you were sleeping in civics class.
Both the FBI and the CIA are under the Executive Branch (the FBI is part of the Department of Justice, a presidential cabinet department). The Executive Branch quite specifically is charged with execution of the law, including investigation of crimes. The legislative branch only makes laws.
Re:Double Standard (Score:2)
There is nothing even vaguely like entrapment going on here. Entrapment is when a law enforcement officer commits a crime in order to encourage a suspect to commit that same crime, and then turns around and arrests the suspect when he does. For instance, if I'm a cop and I take you to the store and I shoplift something and say "go ahead, it's fun!" and then you shoplift something too, you Get Out Of Jail Free (tm) because I entrapped you.
Just tricking someone into revealing information about their guilt is not entrapment; it's simply a worthy and useful police tactic.
Re:The Interesting Ending (Score:2)
For example, if a Russian diplomat is in Washington DC, the FBI investigates (tails) him.
The two agencies cooperate (they say), so that they do not overstep on each other's areas.
This is why the FBI went to the bombed US embassies in Africa a couple years back, since they're technically US sovereign soil.
Furthermore, the CIA does not have investigative powers. They do not serve out serch warrants or the like. The CIA is under the Executive Branch of the government, whereas the FBI is under the legislative branch, and can serve search warrants and the like.
As far as what they were doing with the hackers in Russia, I surmise only that since the hackers had commited crimes in the United States, it only makes sense that a US investigative body would investigate.
About the military, I don't think we want them investigating commercial crimes (you stole an apple, so we're sending the Marines).
New USMC slogan: "All your base are belong to U.S."
As far as Microsoft wanting their source code back, I am fairly certain that was not the case. They are already experts at introducing nearly unfixable bugs into their source code.
Re:They did need a search warrent (Score:2)
This is all aside from the international angle-- I'm not sure how that plays out. I guess no matter how you look at the data, if you're viewing it from a computer in the US you're technically copying it into the country, even if it only lives in RAM for a few seconds. This sort of wild argument has often been used against "hackers" in order to convict them of theft.
Re:Amazing (Score:2)
So don't think this will set a precedence in your favor of copying digital media. If anything, it will give the government more power to do whatever they want, and you less. Sorry man.
Re:being clueless (Score:2)
Say, for example, Russia asking the USA to extradite an FBI agent for hacking machines in Russia owned by a couple of (innocent until proven guilty) Russians.
Please, oh please.
Re:The Interesting Ending (Score:2)
Re:Double Standard (Score:2)
The only odd thing I see here is that I think this might have been the CIA's jurisdiction, since they're the ones usually in charge of information-gathering outside US borders.
If you want to argue that the US Constitution protects the rights of those nowhere near our borders, then I hope you're one of the first to volunteer for the military as they're deployed to China to enforce our Constitution on them.
The US Constitution doesn't apply (Score:2)
This is wholly outside the jurisdiction of any US state or federal laws. The only "laws" that do apply are international treaties, and I have yet to hear of any that forbids a nation-state from taking nessecary action to protect itself from outside threat.
If the US were trying to enforce Constitutional law outside its borders, then the Chinese and others are right: We really ARE hegemonic. And I'd hate to be part of the military that tries to enforce those laws on the rest of the world.
Re:The US Constitution doesn't apply (Score:2)
However, there was no kidnapping involved in this case. They flew to the US voluntarily. Bait-and-switch, yes, but no kidnapping.
"Law enforcement agencies have no jurisdiction outside of the country."
The computers being hacked were within the US.
"This is against international law."
The crime was against US citizens and US property within US territory. What you're saying sounds like we don't have the right to attack a ship shooting missiles at the US if the ship is outside territorial waters.
Re:Double Standard (Score:2)
Yes, it measn that all people, no matter where they come from, have the opportunity to become US citizens. They didn't become citizens before hacking US computers, so...
"I always thought that we hold our rights to such a high standard that they apply universally."
We, as Americans, have the right to decide (through democracy) what laws do or do not apply to us and our property. A people's right to self-government. If the suspects made no effort to be a part of our self-government, why should we force it upon them?
"If a country does not have these protections, don't we call them 'undemocratic' and threaten them with sanctions or worse?"
The suspects were made aware of their rights when they were arrested. They have the right to a lawyer. If they cannot afford legal consul, it will be provided to them free-of-charge. They have a right to only be held in prison for a year and a day before being put on trial. They have a right not to be interrogated without consul available. They have the right to a trial before a judge or a jury (their choice), where they have the right to challenge any and all evidence presented against them. They have the right to continue to have some contact with the outside world while incarcerated (probably with the local Russian Consulate). They have a right not to be denied bail without due process of law. They have the right to appeal a guilty verdict. And, last but not least, they have a right not to be subjected to cruel and unusual punishment.
It's not like they're being dragged off into a dark alley and shot. They haven't "disappeared" like Chinese dissidents.
"But it is ok for the US to do any damned thing to people who are not inside it's borders because the Constitution does not apply."
The computers attacked were owned and operated by US citizens on US soil. Once the suspects entered US territory, the Constitution applied to them. It does not, however, apply to the evidence-gathering while they were outside the US.
Re:The US Constitution doesn't apply (Score:2)
On the other hand, amendment 4 says:
There's nothing anywhere in the Constitution that suggests that "people" here means anything but the "people of the United States," as mentioned in the preamble. If it meant all people, then you'd be suggesting that US law applies to everybody and every nation the world over.Besides, if you're in the process of comitting a crime, and the feds are sitting there watching you do it, wouldn't a search of you and your posessions be "reasonable?"
Moral: Don't Use Windows NT (Score:2)
Holy crap (Score:2)
Now that's just cold.
Two key points (Score:4)
1) "After Ivanov arrived in Seattle, accompanied by Gorshkov, agents posing as Invita officials asked the men to demonstrate their prowess on a computer outfitted with "sniffer" software to record every keystroke. After arresting the duo, they used account numbers and passwords obtained by the program to gain access to data stored in the computers in Russia, Schroeder said."
Ok, so they brought them to the U.S., told them to log into their computers in Russia, sniffed the passwords, and then used the sniffed passwords to log into the Russian machines. This is hacking? Social engineering, maybe...
2) "The agents downloaded the data, but did not view it until they obtained a search warrant from a U.S. federal court, he said."
Now this is interesting. They don't need a search warrant to break into your computer, only to read what's there. Which means that breaking into a computer isn't search and seizure.
Does this mean that if I break into FBI computers, but don't look at anything, that I haven't hacked them?
Very, very interesting precedent...