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Vigilante Hackers use Old West Tactics for Justice
dismorphic writes "Angered by the growing number of Internet scams, online 'vigilantes' have started to take justice into their own hands by hacking into suspected fraud sites and defacing them. These hackers have targeted fake websites set up to resemble the sites of banks or financial institutions in recent weeks, and have inserted new pages or messages. Some say 'Warning - This was a Scam Site,' or 'This Bank Was Fraudulent and Is Now Removed.'" So maybe it's not a posse of horsemen, but it's still kinda cool that someone is taking care of those who would defraud the public.
If it's common sense, regardless of the law, the people (in the form of a jury) can make it legal.
Not really. For example, if a person doesn't have appropriate charges brought up against them (or there are no such statutes), then there will never be an option for a jury to exercise. The jury might elect not to convict on something, but they can't cause a conviction (on other counts) where there should be one. This is particularly true where the nature of an act (like some innovative new form of online fraud, for example) hasn't been really contemplated by the justice system before.
Don't disappoint your bird dog. Go to the range.
I'm a Middle East (1917-1995) Historian by day and an Old West Historian by night.
This really isn't an "Old West" tactic, but a tactic used in the United States, UK and other nations with a tradition of Common Law or the inclusion of extensive non-statutory law reflecting a consensus of centuries of judgements by working jurists.
As times changed laws became codified and the power of the People to enforce the law were erodded in the United States and other countries.
A Judge had to own 500 acres of land without debt on the land and they had the power to cherry pick what they wanted in terms of the law for the circumstances. Law then was terrible complicated, looking at a History of American Law by Lawrence M. Friedman shows that it's terrible complex and not nearly codified enough to just throw out a list of laws and punishments. Since the law on the frontier was often a copy/paste affair and made up by the Judges and not codified, a Judge had the power to make up laws. Like Evesdroping in 1808 or Droping a Dead Body into a River in 1821. Federal Judges started to go wild with common law crimes after U.S. V. Hudson and Goodwin in 1812.
This case allowed a Federal Judge or define a crime and issue a punishment for it. Codification would stop this by defining what was a crime, and stop a Judge from making up a crime.
A Posse wasn't normally a group of people acting as vigilanties, but a Posse is a group deputized by a Law Enforcment agent (Town Marshal, Sheriff, Federal Agent, etc) for a fixed duration or event since communities didn't have large standing forces.
Some examples from an essay I found on the web a while back while researching the law in the 1860s
Citizen's Arrest
Students of the law should note that both a statutory and common law basis for a certain degree of "vigilante behavior" is well founded. Indeed, in an era of lawlessness it is important that readers be advised as to their lawful right to protect their communities, loved ones and themselves by making lawful citizens' arrests.
First, what is an arrest?
We can thank Black's Law Dictionary for a good definition: "The apprehending or detaining of a person in order to be forthcoming to answer an alleged or suspected crime." See Ex parte Sherwood, (29 Tex. App. 334, 15 S.W. 812).
Historically, in Anglo Saxon law in medieval England citizen's arrests were an important part of community law enforcement. Sheriffs encouraged and relied upon active participation by able bodied persons in the towns and villages of their jurisdiction. From this legacy originated the concept of the posse comitatus which is a part of the United States legal tradition as well as the English. In medieval England, the right of private persons to make arrests was virtually identical to the right of a sheriff and constable to do so.
A strong argument can be made that the right to make a citizen's arrest is a constitutionally protected right under the Ninth Amendment as its impact includes the individual's natural right to self preservation and the defense of the others. Indeed, the laws of citizens arrest appear to be predicated upon the effectiveness of the Second Amendment. Simply put, without firepower, people are less likely going to be able to make a citizen's arrest. A random sampling of the various states as well as the District of Columbia indicates that a citizen's arrest is valid when a public offense was committed in the presence of the arresting private citizen or when the arresting private citizen has a reasonable belief that the suspect has committed a felony, whether or not in the presence of the arresting citizen.
District of Columbia Law 23- 582(b) reads as follows:
(b) A private person may arrest another -
(1) who he has probable cause to believe is committing in his presence -
(A) a felony, or
(B) an offense enumerated in section 23-581 (a)(2); or
(2) in aid of a law enforcement officer or special policeman, or other person authorized by law to make a
Hah. Good idea.
I hope you're giving the phishing sites numerically valid credit card numbers- essentially there's a checksum hidden in a card number. Phishers can screen out completely randomly generated card numbers because their checksum doesn't match.
Here's a link to the algorithm*
http://www.beachnet.com/~hstiles/cardtype.html
Enjoy.
*No, reverse-engineering the algorithm won't generate a valid card, but it'll generate a "not obviously invalid" card.
There's not much to it. Here was the last one I used. In this case it was bank site asking for an ATM card number, PIN number, etc. Adapting it to other sites wouldn't be hard. The way I'm generating numbers would probably get rejected if you tried to use it for credit card numbers but this particular phishing script didn't seem to do any verification so I didn't bother...
.= rand(0,9);
_ ra nd(0,2)?5 ,90):mt_ra nd
_ ra nd(0,2)?5 ,90):mt_ra nd
\ n$email\n";
x pmonth}&expyear={$expyear}&cardpin=m ail={$email}&statement=&btnContinue0. x=64&btnContinue0.y=9");e topt($ch, CURLOPT_USERAGENT, 'Mozilla/5.0 (Windows; U; Windows NT 5.0; en-US; rv:1.7.3) Gecko/20040929 Firefox/0.10' );
for ($i = 0; $i 100; $i++) {
$ssn = sprintf("%03d%02d%04d", rand(100, 999), rand(0, 99), rand(0, 9999));
$cardnumber = sprintf("%04d%04d%04d%04d", rand(0, 9999), rand(0, 9999), rand(0, 9999), rand(0, 9999));
if (rand(0,1)) $cardnumber
$expmonth = sprintf("%02d", rand(1, 12));
$expyear = rand(2005, 2011);
$cardpin = sprintf("%04d", rand(0, 9999));
for($len=10,$r1='';strlen($r1)$len;$r1.=chr(!mt
mt_rand(48,57):(!mt_rand(0,1)?mt_rand(6
(97,122))));
for($len=10,$r2='';strlen($r2)$len;$r2.=chr(!mt
mt_rand(48,57):(!mt_rand(0,1)?mt_rand(6
(97,122))));
$email = "{$r1}@{$r2}.com";
echo "$ssn\n$cardnumber\n$expmonth\n$expyear\n$cardpin
$ch = curl_init();
curl_setopt($ch, CURLOPT_POST, 1);
curl_setopt($ch, CURLOPT_POSTFIELDS, "ssn={$ssn}&cardnumber={$cardnumber}&expmonth={$e
{$cardpin}&e
curl_setopt($ch, CURLOPT_URL, 'http://www.ewwf.ro/KeyBank/enroll.php');
curl_s
');
curl_setopt($ch, CURLOPT_REFERER, 'http://www.marumitu.com/KeyBank/enroll_auth.html
curl_setopt($ch, CURLOPT_RETURNTRANSFER, 1);
curl_setopt($ch, CURLOPT_HEADER, 1);
curl_setopt($ch, CURLOPT_TIMEOUT, 300);
$result=curl_exec($ch);
curl_close($ch);
}
"People that quote themselves in their signatures bother me" - athakur999
I have a little PHP script that I use whenever I get a phishing email...
Post it on Planet Source Code -- thousands of people could be using it tomorrow.
The grandparent is referring to the US (and possibly elsewhere) rarely-used practice of Jury Nullifcation. The jury essentially says that, yes, the accused is guilty of the crime stated, but the activity should not be a crime, and so we will not convict. Judges and prosecutors hate that, and will often refuse a juror if he mentions knowledge of the statute.
The previous sig has been removed due to
Actually, there was a case not too long ago where a kid who was a photography buff was arrested for posession of... film canisters. Apparently, someone found them in his locker or on his person and assumed that he was using them to transport drugs. He was arrested, and eventually tried, for possession of drug paraphenalia.
The punchline? Possession of paraphenalia isn't a crime where he lives. (Of course, he wasn't convicted, either.)
Full story here.