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FBI Conducts Raids Over Half-Life 2 Source Theft
TheXerox writes "According to a recent weblog post, a San Francisco native had his house raided by the FBI last week, and 'lost upwards of 9 machines, and lots of misc equipment besides' in a seizure related to the theft of the Half-Life 2 source code from Valve Software." The scanned-in search warrant posted on the site indicates the FBI were looking for "...any IP addresses related to any of the Valve internal or external networks... Valve passwords and/or usernames... any and all items... related to Valve Software, Half-Life, Half-Life 2", and the Hungry Programmers page mentions that "...several Hungries were raided on January 14th by the FBI and Secret Service, and their computers seized."
full mirror inc. warrent here
January 15, 2004
The whole surreal story
So at 6:30am on January 14th, I woke up to the doorbell buzzing. Not a short lived buzz. Someone had their thumb pressing the button and holding it there. "Fucking drunkard" I thought, and rolled over, intent on ignoring it. It then started a rythmic *buzz* *buzz* *buzz* *buzz*, over and over again. After about 5 minutes battling to get back to sleep, I gave up and got up. Put my pants on, grabbed my sweatshirt, and stumbled off toward the door.
As I walked down the steps I heard them talking to the nextdoor neighbor, asking him where the landlord lived. I reach the door just as the neighbor's door closes. I compose myself to deal with whatever is behind the door, and open it.
Immediately there's a flashlight in my eyes. "Are you Chris Toshok?" "Uh, yes" "Mr. Toshok, we're with the FBI. We have a warrant to search the premises." I looked down out of the glare of the flashlight and saw the FBI badge of the long haired blonde woman standing in front of me. I also saw two people behind her, bodies turned sideways so as to present less of a target. Guns drawn? It was too hard to tell really with the glare of the flashlight, but I'm assuming yes.
I mumbled something about turning on the light so I could see the warrant (pages 1 2 3 4 5)they'd thrust into my hands and turned and groped on the wall for the switch. They all tensed. The light came on, and I looked over the warrant for a second.
"Please come out here Mr. Toshok," and a hand on my arm pulling me onto the porch. Once I was out on the porch several agents started up the stairs. I said that my roommate was still asleep in bed. They asked his name, I said "Peter". They continued up the steps, yelling his name. "Peter, this is the FBI." "PETER" "PETER, are you awake? this is the FBI"
I didn't watch it happen but apparently Peter awoke, naked, to a doorway full of FBI agents with guns out, yelling at him to get up. He asked if he could get some clothes on. They said yes. He asked if they could turn on the light so he could see. So Peter got to get dressed under the watchful gaze of government employees. Must have been fun.
They took Peter to the back of the house, and took me back upstairs to the front of the house, and proceeded to start going through everything in my room and the office.
I was questioned by the FBI agent in charge and a Secret Service agent at length about the Hungry Programmers, people I used to live with, whether particular people had the capacity/knowledge to do what they were investigating, etc. During the questioning she says "Now we're going to take all your computers." She sees the look on my face and says "Yeah, this is going to be hard for you." I said "uh, when will I get them back?" She said it depends, that they'd try to have them all back as soon as possible, but it depends on if they find anything suspicious on them. If they found contraband (kiddie porn, talk of drugs, or stuff they were actually looking for), that particular computer would never be coming home.
After the questioning I basically sat in the front room on a folded futon mattress, with at least one agent with me at all times. Sometimes two. At one point I said I really needed to brush my teeth and the SS agent assigned to me at the time walked with me back to the bathroom and stood behind me watching me in the mirror as I brushed my teeth. On my way back down the hall I looked into my room and saw 3 FBI agents rifling through my belongings. One looking at the condoms and stickers in my nightstand, one going through my underwear/sock drawer, and one looking through my books.
After a lot more sitting in silence in that room, interspersed with tidbits of conversation (an fbi agent asking me about the guitars, talking about the piano lessons in his youth, and how he was kicked in the chest by a horse.) I must say, the SS agents were a lot nicer than the FBI agents. One in particular was pretty cool - we joked a lot about just how absurd the whole thing was
The Secret Service charter gives them jurisdiction in many computer crime cases. They tend to work with the FBI, but not always.
"Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
Since 1984, our investigative responsibilities have expanded to include crimes that involve financial institution fraud, computer and telecommunications fraud, false identification documents, access device fraud, advance fee fraud, electronic funds transfers, and money laundering as it relates to our core violations.
Secret Service Website
FYI, Chris Toshok (toshok), the person who wrote up this experience is also one of the head programmers on Ximian's Evolution mail client.
No,
the secret service has never been all about protecting the president. They started out primerily as treasury cops, however if I remember correctly, all cases of computer related fraud where damages pass the $10,000 mark and cross state lines fall into their jurisdiciton. That why they're always involved with all the big time hacker cases.
for more info, check out United States Code (USC) 1030
It had something to do with the fact that Steve Jackson was producing a Cyberpunk game.
c hno/jackson/
More info:
http://www.boogieonline.com/revolution/express/te
http://www.sjgames.com/SS/
http://www.eff.org/Legal/Cases/SJG/
Steve Jackson Games had this happen back in the 80s...you know, before the invention of Half-Life and Everquest, and hence before computers were interesting. They were raided by the SS (for a totally bogus reason) and had their computers siezed. Came really, really close to shutting down the company for good because of this. Years later, when the computers were obsolete, and after the SS had been criticized by a federal judge for being abusive, SJG got its 286 computers returned. Hooray for justice!
Shutting down free speech with violence isn't fighting fascism. It IS fascism!
The FBI came with a blonde woman agent carrying the warrent and trying to be as nice as they can to a suspect. Let's face it, that's what this guy, and his entire group, appears to be right now.
You don't need to be proven guilty by any standard to become a suspect. To get a warrant, they do need to present something to a judge, but what that something is usually remains sealed. That's how the system works, there was a due process for taking his property.
So, the good news for him is so far that the FBI's just fishing on his machines right now. If they find what they're looking for, or anything else very illegal to have, then they'll be back with the cuffs.
The important lesson here is that you can be deprived of all that stuff, so long as there is due process. In other words, once the cops seize your stuff, they don't have to give it back, so long as the initial seizure was legal.
It's really bad in civil cases. They can take your stuff (house, car, boat, whatever), never charge you with anything, and you'll never see it again. Seizing assets in a civil action this way is a big part of the War on Drugs. All the cops have to do is make the assertion at the time of seizure that the property in question was being used in conjunction with a drug operation. But they never have to prove that in court. As I said they never have to charge you with anything. But they will file suit against your property; there are plenty of court cases like "US v. $17.254.38" and I'll let you guess who wins.
It sucks, but as the only people really directly affected are
(1) drug dealers
(2) black people carrying hundreds in cash when their cars are pulled over
(3) computer geeks
most people are ignorant of the problem and/or don't see it as a problem.
Geeks are always presumed innocent on Slashdot. You think that's bad? I hear there's a place called "America" where EVERYONE is presumed innocent until proven guilty! Talk about insane! It must just be a legend.