How the Secret Service Busted ShadowCrew
plover writes "In the story Hacker Hunters, BusinessWeek Online documents how the Secret Service turned a member of the ShadowCrew and was able to arrest dozens of the members of the phishing ring.
From the article: 'Law enforcement officials are often loath to reveal details of their operations, but the Secret Service and Justice Dept. wanted to publicize a still-rare victory. So they agreed to reveal the inner dynamics of their cat-and-mouse chase to BusinessWeek. The case provides a window into the arcane culture of cybercriminals and the methods of their pursuers. ' "
I think this story was on slashdot before...
How do they come up with such clever names?
dupe
this is just a placeholder till i send back my real sig from the future.
i'm pretty sure that this exact article was linked a little while ago.
Now I haven't RTFA completely yet, but I have just one question.
Why would somebody in a phishing group give out their information to fellow members? This kind of thing seems to happen so often, you'd think that there would at least be a layer of secrecy between the members, just in the case somebody is going to rat on them.
I'm all for catching these guys, but I wonder about publicizing the details at this time. Is this supposed to make us feel better about the Patriot Act -- "look here! See how we can bust the bad guys with the 'right' tools!" -- or are we just supposed to be happy that something was done about this gang of thieves? I don't expect everything to be about freedom and democracy, but it is too easy anymore to question why authorities give us this information, rather than look at the information for information sake...if that makes any sense.
Law enforcement needs to stop worrying about (and identifying as such) the average script kiddie and focus on the large mob-like operations. I'm guessing they'll get much more bang for their buck that way. I can't see how 150 million dollars is not enough to take down at least a couple of the big rings given that they operate on Jolt and Hot Pockets (or whatever passes for that in Romania).
I liked this:
The HangUp Team has been operating in Russia with impunity for years. Some members are allegedly based in Archangelsk, an Arctic Circle city of rusting Soviet nuclear submarines and nearly perpetual winter.
The people we put in jail for cracking and phishing are more comfortable than pretty much anyone living (with impunity or otherwise) in Archangelsk. Never the less, this whole concept of phishing/malware 'colonies' sure implies a complicit (or way, way negligent) government.
Don't disappoint your bird dog. Go to the range.
Goodbye karma...had to do it though...heh
Content Management System: A pretentious way of saying "text editor."
If you would like to help the secret service, please send your ebay passwords and usernames.
Scary stuff. Please use fewer junk characters. Please use fewer junk characters. Please use fewer junk characters. Please use fewer junk characters. Please use fewer junk characters. Please use fewer junk characters. Please use fewer junk characters. Please use fewer junk characters.
...but it reminds me too much of this guy.
Q: Does this really count as a dupe if the BusinessWeek article is from May 30th, and the other thread May 5th?
From TFA:
Agents armed with Sig-Sauer 229 pistols and MP5 semi-automatic machine guns swooped in
"Semi-automatic" means fires only one round when the trigger is pulled. "machine guns" means fires lots of rounds when the trigger is pulled. The sentence is an oxymoron, and implies the reporter is just throwing buzzwords around without knowing what he is talking about. To correct the sentence, this is the Secret Service we are talking about. They are not going to mess around with some semi-auto HK94 type of firearm. The phrase the author was looking for is "fully-automatic".
Hopefully the other aspects of the article are more factual and carefully checked.
Uh....sorry. Perhaps I am being naive here, but what privacy rights did we give up to arrest these guys? Heck, I'll challenge you to point out a privacy right that was violated in this case.
The real problem is not whether machines think but whether men do. - B.F. Skinner
Correction: May 30th and May 22nd.
That's the same argument people make for the erosion of privacy.
Nothing like sensational journalism:
A huge map of the U.S., spread across 12 digital screens, gave them a view of their prey, from Arizona to New Jersey.
Yes, they were "prey" and the Secret Service were eagles flying high in the air to protect freedom. Give me a fucking break. But of course this wasn't just a single sentence to get the readers interested, nope, the entire "article" is full of this crap:
The target: the ShadowCrew, a gang whose members were schooled in identity theft, bank account pillage, and the fencing of ill-gotten wares on the Web, police say.
Yes, they have a hackers college where professors teach their students how to be thieves. Oh wait, no they don't...
At 9 p.m., Nagel, the Secret Service's assistant director for investigations, issued the "go" order. Agents armed with Sig-Sauer 229 pistols and MP5 semi-automatic machine guns swooped in, aided by local cops and international police.
Ahh, the freedom eagle reference again... Swooping down on their "prey".
There's a new breed of crime-fighter prowling cyberspace: the hacker hunters.
Yes more predator/prey relationships. No, sorry.
This was not a movie, it should not be written as if it were, and it should not be written to give any ideas to other people who might want to make it into a movie. It was a typical "wait it out and arrest" type operation. There was nothing that was any more exciting about this than any other operation. Of course the media has to make it out to be more than it is to gain the attention of readers.
Stick to the facts and cut out the crap. Thanks for the dupe.
The HangUp Team has been operating in Russia with impunity for years. Some members are allegedly based in Archangelsk, an Arctic Circle city of rusting Soviet nuclear submarines and nearly perpetual winter.
That's really sad, to think about; rusting Soviet nuclear submarines. Such technology, such virtue. I would absolutely love an ex-Soviet nuclear submarine. It'd make a neat houseboat. Just seems like kindof a massive thing to leave laying around.
Informatus Technologicus
There is a really good book by a guy called Cliff Stoll called Cuckoo's egg about how he chased down a hacker in the early days of the Internet.
It wasn't even really the Internet as we know it today.
It will be nostalgia for old timers and a history lesson for the "noobs" around here.
Anyway, it is very interesting. I recommend it highly.
The Internet is full. Go Away!!!
At 9 p.m., Nagel, the Secret Service's assistant director for investigations, issued the "go" order. Agents armed with Sig-Sauer 229 pistols and MP5 semi-automatic machine guns swooped in
So, what's a "semi-automatic machine gun"? The MP5 is a select fire submachine gun. A semi-auto only civilian version that was briefly available was called the HK-91, and certainly wouldn't be used by the Secret Service.
If you want to bust a phisher, be a phish. Basically give them false information, made up credit cards etc. Flag the credit card as stolen, and retrieve where it was used. I'd guess this stuff would be easy to catch.
God spoke to me.
It used to be the Secret Service wasted their time going after people publishing electronic magazines like Craig Neidorf (Phrack), people making a board game with "Hacker" as the name like Steve Jackson Games, or people looking to just break into computers for fun and understanding.
Now they're going after actual criminals that the above people warned us about. I've got to say that's a real improvement. Of course it took actual electronic criminals to make them realize who the real enemy is.
AccountKiller
I had to look him up on the internet. He has a web page here:
http://www.ocf.berkeley.edu/~stoll/
It is funny, because it is really simple and it is actually invalid. I had to view the page source to find the intended links.
It has the answer to one of the number puzzles that he mentioned in the book (but never gives the answer to if I remember correctly).
The Internet is full. Go Away!!!
Part of the problem is that cops don't have all the weapons they need to fight back. They clearly lack the financial resources to match their adversaries' technical skills and global reach. The FBI will spend just $150 million of a $5 billion fiscal 2005 budget on cybercrime -- not including personnel -- in spite of its being given the third-highest priority. (Terrorism and counterintelligence come first.)
Can someone explain when budgets and financial resources will not be a problem? Everywhere you look, this "boogeyman" is the first thing law enforcement/public good places blame their
problems on.
It seems to me that:
#1. They tax us more.
#2. They spend it on useless things. (more managers, assitants, Harley Davidson Police bikes, Corvette Police cars)
#3. They say they don't have any money.
Rinse, lather, repeat?
They're employing some of the same tactics used to crush organized crime in the 1980s.
Um, correct me if I'm wrong, but organized crime is still going strong. Let's hope that they "crush" the phishers a little more thoroughly.
I wonder wether FunWithHeadlines is still holding his breath? :-)
From the dupe story: Re:SCO mydoom
Irene KHAAAAAAN!
It's a dupe complaining about a dupe....:)
Video meliora proboque deteriora sequor - Ovidius
Wait a second, I thought information wanted to be free?
Is it good or bad that these guys were caught?
* smirk *
"Live Free or Die." Don't like it? Then keep out of the USA
I have the huge list of e-mail addresses that were compromised. If you want to know if you're on it, please reply with your e-mail address and password and I'll get back to you if you're on the list!
[zer0kewl] AFK BEING RAIDED
[zer0kewl] BBL OFF TO WHITE COLLAR RESORT PRISON
[zer0kewl] OMFG OFF TO FEDERAL POUND ME IN THE ASS PRISON!!!
*HXXR84 is now snitch4l
[snitch4l] L8R suxx0r!
http://web.archive.org/web/20041030015234/http://s hadowcrew.com/> Defaced website... dating back to october 30 2004... this story is really old... anyways if they got cut they don't even worth talking about them.. they are not 1337 at all..
I received an unusual spam message advertising warez, cardz, etc. and took the time to trace the message back to the shadowcrew website. The forums on this site were amazing. Basically it was a hub for people to advertise very highly illegal services, or sell lists of credit cards, passwords, etc... a hub for Identitity theives, and fraudsters.
I reported this site to the FBI, and received the following response from them (back in October of last year).
"Thank you for your submission to the FBI Internet
Tip Line. Inasmuch as the FBI has recently
received numerous reports concerning the
"www.shadowcrew.com" Web site, there is no need to
forward any such additional emails to us. Our
Cyber Division is aware of this Web site, and is
addressing the matter."
It was only a matter of time until these idiots were caught. You can't be this open about such illegal activity and not expect a response from the feds.
From TFA: For months, agents had been watching their every move through a clandestine gateway into their Web site, shadowcrew.com.
I read a much more interesting version of this story somewhere else. I can't find the link right now, but it explained more fully how they really caught them. This sentence above just glosses over it.
Apparently, they did this:
They got to one of the members of shadowcrew and convinced them to work with them. This guy then proceeded to go onto the shadowcrew IRC channel and told everyone that he had setup a new encrypted gateway VPN type channel that would allow them to connect to the shadowcrew servers in a "more secure" fashion. He convinced everyone to go through this proxy. Little did they know, the proxy was actually an FBI server that was monitoring and recording all traffic that passed through it.
This just goes to show, no matter how smart you are, the best hacks are social engineering hacks, not technical.
They should have been smart and used Tor instead, then they probably wouldn't have been caught.
I'm glad they got caught though. These guys were losers of the worst kind.
"When the president does it, that means it's not illegal." - Richard M. Nixon
I think this article is pure bullshit.
Duties of the SS are as follows.
1. Protect (by executive order) The President of the USA.
2. Protect the nation's money from counterfeiting.
Unless these guys took the President's information, or made a threat anywhere on their site about the president, or were actually counterfeiting/spreading counterfeit bills, the SS should have had not one single reason to be involved in this. This should have been the responsibility of the FBI and the ATF. What's next, the Secret Service arresting us everytime we download pr0n?
Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
How about the UN's Universal Declaration of Human Rights? The US *is* still part of the UN right? But I think the GP is correct in saying that the article isn't about privacy. As far as I can tell the authorities used the proper channels to get these guys.
Silly rabbit
Who cares about the semantics of hacker vs cracker? At any rate, they then to think their crimes aren't "real" but more ot teh point they think the Internet makes them invisible and invincible.
Had one like this on campus. He was attempting to get passwords by arp poisoning and pretending to be the router. What's worse, we actually didn't have proper monitoring to catch this sort of thing at the time. However he was stupid and didn't know how to work his software, so we noticed the library disappearing from the network and figured out what he was trying to do. He kept trying and got caught.
He IMMEDIATLY and completely spilled the beans when caught. He was scared shitless because he never thought anyone could track him.
...MP5 semi-automatic machine guns...
Aren't mp5's SUBmachine guns?
Here's the wiki:
A submachine gun is a firearm which combines the automatic fire of a machine gun with the ammunition of a pistol, and is usually between the two in weight and size.
... a là Hackers, that's bad ju ju. Anyone reading it will get this picture of Angelina Jolie naked on the kid's bed as the SWATs rammed the door. Many, many, more would be hackers tonight...
Mi domando chi à il mandante di tutte le cazzate che faccio - Altan
Therefore, I whole-heartedly apologize to absolutely everyone who was taken out back and beaten with sticks because I submitted a duplicate story.
Oh, what's that? You say you weren't taken out back and beaten with sticks because I submitted a dupe? Then may I ask why it is a Department of Homeland Security issue that someone posted a dupe? Honestly, I sometimes think that posting "Dupe" is just a different way of saying "FRIST PSOT" without getting immediately modded down as a troll.
John
I pay for cable tv.
Money doesn't stop dupes happening there, so why is it such a big deal here?
liqbase
So they caught them with the help of one of it's members? And they see this as a big accomplishment? Our government will impress me when they do something like this without the help of a nark.
It still doesn't make up for the American SS' behavior in the Hacker Crackdown.
For those of you who don't know about it, check out Bruce Sterling's book. I believe it is still a free download.
I'm not sure what you're talking about here. The punishment for computer crime is significantly harsher than that of its non-technical counterpart.
You could walk into a bank and rob it at gun point, all the while threatening to kill people, and there's a good chance you'd only be jail for about 7 years.
On the other hand, rob the same bank, of the same amount of money, without a gun, and without threatening anyone, but do it with a computer, and you could be looking at 20 years!
In Canada, a simple DOS attack will get you 10 years in prison.
Also, under the Youth Offenders Act, youngsters who commit computer crimes are always punished to the maximum extent (3 years). In comparison, some children convicted of murder have been let go in one year.
Computer crimes carry a harsh penalty.
Despite this, cybercrime is still attractive? Precisely because it's easy, and non-confrontal. I don't think it has as much to do with the risk/reward ratio as you may think... because those who are actually considering committing these crimes are very aware of not only how easy it is to get caught, but how strict the penalities are.
It's not like the good 'ol days when you could hack a Gibson across state lines. Now days if you do something big enough, people will notice, and unless you have a huge crime syndicate protecting you, you're going to get caught.
Having said that... I think I'm going to go walk into a bank with an axe. To me, the risk/reward ratio on that one seems really good! Way better than this computer crime crap. Why waste time learning all those damn c0dez when I can just walk down the street in a crazed fit!
If the navy saw an ex-soviet sub sailing towards the US, I think they would sink it without asking questions.
More than a few of the soviet missiles were liquid fueled: fuming nitric acid and hydrazine. Both chemicals would corrode you and both are quite toxic. Each sub would be a SuperFund site all by itself.
Let me be the devils advocate here for a moment.
...
Postulate the existence of a cryptographically secure, anonymous peered infrastructure overlay for the internet. Not much of a strech because lots of folks happen to be working on just this sort of technology (I2P, Tor, and many others).
Then postulate the existence of an online currency based on secure cryptographic algorithms. Kind of like a digital bearer bond, if you will. This is a bit more questionable, since most research into digital cash has been directed at ways to make transactions *less* anonymous than actual hard cash transactions. On the other hand, if the aforementioned anonymous peered network exists, you just need a non trivial set of community rated key escrow and transaction settling agents to mediate transactions and currency exchange. It is hard to see how this sort of transaction would work for actual physical goods, but for digital goods (a portion of the market economy that will only increase in size) or anonymous services one can see how anonymous transactions could fairly easily take place. Designing a cryptographically secure anonymous currency is an interesting problem, however.
So, lets assume that you have both an anonymous, secure network, and a variety of well respected anonymous digital currencies. This assumption does not really seem too far fetched to me, although it may be 10 years or so before early versions of secure and anonymous digital currency become sufficiently established.
In any case, the implication here is that some individual (lets call him potential felon X) could complete a completely anonymous transaction with some supplier (potential felon Y) for digital goods and/or services utilizing a secure digital currency issued by an online bank (bank Z). None of the parties in this transaction can know who any of the other parties are.
This raises an interesting point. In this sort of environment, how do you enforce legal standards on the *process* without compromising both the buyer or the seller *independently*? Normal law enforcement proceedure is to compromise one of (X,Y,Z) and use that entity to sweep in the other parties to the transaction, but the problem becomes exponentially more difficult if none of the parties to the transaction connect.
It strikes me that this is an interesting conundrum we will have to deal with as a society in the relatively near term - if you cant track the money, and you cant connect the agents, how do you enforce societal standards of behavior except by catching folks as individuals during or after they commit whatever infraction is in question? This is true for a wide range of transactions (e.g. free speech, terrorist plots, tax evasion, collusion, fraud, identify theft, assassination, political conspiracy, insider trading, music sharing, IP infringement, copyright infringement, etc) some of which we support as a society and some of which we condemn.
The tech is coming, it seems to me that someone ought to be thinking about the implications
"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
So's your comment, get used to it.
If a bank taking money from anonymous people and giving it to other anonymous people, I'd like to be the bank please. If I take the money (or perhaps just skim the money) who is to stand up and say that they didn't do the transation (and give up their anonymity)?
Currency is about trust (you trust you can trade in your techically worthless token for something of value), when this trust is broken your rely on identification as a backstop. Without the source identity backstop, you basically have to trust the bank we know banks never do anything bad with your money. You can argue that only honest banks will survive, but if nobody is complaining, how will you know which ones are honest vs the ones that are just being picked on by blackmailers?
Money being just a token is a funny thing in that it only has the value we assign to it...
Nobody gives a fuck about the /. definitions of terms. Hacker has come to have two contexts, good and bad, and the one most people use is bad. I don't care how you choose to define it, you aren't the one that makes the rules. From the American Heritige Dictionary:
1. One who is proficient at using or programming a computer; a computer buff.
2. One who uses programming skills to gain illegal access to a computer network or file.
3. One who enthusiastically pursues a game or sport: a weekend tennis hacker.
From Webster's Dictionary:
1 : one that hacks
2 : a person who is inexperienced or unskilled at a particular activity
3 : an expert at programming and solving problems with a computer
4 : a person who illegally gains access to and sometimes tampers with information in a computer system
Notice it is both defined as you define it, and also as someone who commits illegal activity. So sorry bud, the usage of hacker to indicate a person who does illegal things with a computer is a correct one.
Slashdot is not the authority on these things.
Maybe for a blind person, but anyone who likes natural daylight would be out of luck. No windows on subs. That's why they run into things sometimes.
3 ,00.asp
Slightly more tech-saavy article as well. Baseline is a Ziff-Davis IT Project Management trade mag.without the annoying phrase "hacker hunter", can be found here:
http://www.baselinemag.com/article2/0,1397,177439
Julia
I posted this story and it was rejected. 4 or 5 days later somebody else posted it, and it was published. And now it's been published a SECOND time.
You have tried to support your argument with faulty reasoning! Go directly to jail; do not pass Go, do not collect $200!
Law enforcement - esp. federal LE - is always going on about lacking the money and tools to fight crime - not just computer crime but any kind of crime. And there is a lot of truth in it. They drive around in their old Ford sedans, following criminals driving Audis, BMWs, Ferraris... They can't keep up, and they stand out like sore thumbs. Trying to get into exclusive nightclubs in tacky suits? Wearing flea market sunglasses in Palm Beach? And of course other examples, like having crap computers, too little staff, etc. But the real reason that federal LE has a hard time catching crims is that they are neither very bright, nor very competent, that departments are full of time-serving hacks and corruption and malfeance common. Many, perhaps most, of their big busts and successes come from informants - an area where the departments, esp. DEA, spend a lot of money - and from people busted through bad luck rolling over on everyone and sundry so as to walk away scot-free, often with their ill-gotten loot still safely pocketed. This phishing bust is probably much in that way - more bribery than detective work. If what you seek is more arrests and convictions from federal law enforcement don't look to increasing the budget spent on cybercrime or whatever area you are concerned about - just have them spend more money on informants and venal deals.
Well, even if FBI is the law in the US, that doesn't make them entitled to break the law in any other country, does it? I mean, in most (!) countries not even the domestic police forces are allowed to break the law....
A break in is a break in, no matter who does it....
We may be a member of the UN but that in no way allows the UN to dictate legal precedent to us. US law is based on the constitution of the united states and nothing else. If you want to change that then you go through the legislature and work to have the constitution thrown out and or rewritten to give up our sovereignty. to a higher body. Until then no document or external entity can supersede the Constitution until they win the right either through war or a legislative action to do so.
If you see spelling or grammatical errors don't blame me. I tried to preview but IE here at work borked the CSS
While that was a very nice bedtime story about the bad guys, I think people should really go back and re-read it carefully. To anyone who'se read it a few times - the description of this group is far more like a government hierachy than a criminal one. That should tell you all you need to know right there.
but... you knew that already :)
I browse at +5 Flamebait- moderation for all or moderation for none.
I was thinking along the same lines when I read this. It appears that higher-up feds have been generally interested in stopping computer crimes which have been committed against large companies, as opposed to crimes committed against individual citizens, and that always bothered me.
A hacker that does little more then break into a multi-national corporation's computer for the sake of curiosity and adventure is somehow public enemy #1. On the other hand, an organized group of thieves who steal the money and identities of thousands of innocent people and cause them incredible amounts of difficulty rebuilding their credit is something "we'd like to handle, but we really don't have the resources".
I can't say for sure, but I suspect operations like the one mentioned in the article are more likely motivated by pressure from credit card companies losing money on fraud and identify theft protection "insurance", not the pleas of hundreds of thousands of individual citizens who are actually victims of those crimes.
It amuses me when they talk about "damage" in dollar amounts of a worm or virus. Let's say virus A hits millions of home users destroying their individual work, financial records, and costs them time and money to get their computer running right again, while Virus B hits a few thousand machines at a select few large corporations. The dollar amount of "damage" virus A is calculated to be very small, and may only consider an increase in an ISPs or computer manufacturer's queues for telephone tech support. Virus B's damage is calculated to be some unrealistic number in the billions based not only in the real costs of repairing the damaged machines, but on subjective estimates in "loss of productivity" which always make it sound much worse then it really is.
While virus A does far more damage in the aggregate, Virus B is given a higher priority due to companies claiming outrageously over inflated "damages" based on vague and misleading estimates. Or, to put it more cynically, tracking down the perpetrators of Virus B is more important to law enforcement because it hurt big business, while Virus A really isn't a big deal because it only hurt regular people.
I realize this line of thought treads dangerously close to the "tin-foil hat wearing big business controls the government" camp. But consider this: How many individuals have been investigated, arrested and convicted for gaining unauthorized access to a corporation's computer, obtaing private or confidential information without the willing consent of that corporation? I don't know the exact number, but I'm sure there's been more then a few.
On the other hand, how many companies out there have been fined, or their corporate officers jailed for producing software which covertly installs on millions of private individual's machines without explicit permission from the user? Software like spyware which operates 'behind the scenes', is nearly impossible to remove, causes computer performance to suffer, and sends private or confidential information back to the company. None that I know of, despite the fact that many of these companies operate in the United States with offices and mailing addresses.
My guess this is because for the most part what these companies are doing is not illegal. Our laws are written in such a way where what an individual does to a single company is a criminal offense while the same action by a company against millions of innocent people is alright. In my opinion, burying a sentence littered with legalese, but which says something to the effect of "User also agrees that in using this software, certain third party software may be installed on the user's computer which may send information to various third parties" deep within the text of a EULA does not mean the end user is really making an informed decision in allowing the spyware to be installed when they click 'yes'.
So far, there have been no laws passed which require companies that produce spyware to accurately inform
The Internet is generally stupid
Overdramatized pat on the back for Law Enforcement.
e.g. " The HangUp Team has been operating in Russia with impunity for years. Some members are allegedly based in Archangelsk, an Arctic Circle city of rusting Soviet nuclear submarines and nearly perpetual winter."
IANARH (not a russian hacker)
Firstly there is really no point to the stupid above statement. Secondly its most likely 100% untrue, as romantic as the post apocalyptic rusting submarine hulks and perpetual winter may be..
Here's some Pictures of Archangelsk
While law enforcement was busy playing with their high tech toys chasing small fry, the real criminals continue to get away. Does anybody even care about the whereabouts of Kenny Boy?
What good is my identity if I can't safely participate in capital ownership?
Politicus
I got it.
I am not left-handed, either!
FBI relying on the cooperation of arbitrary(?) choosen commertial anti-virus developer and implicitly promoting them doesn't sound right. It's as if FBI subcontracted part of their work to private secutity company to break some crime ring. It should be other way around. FBI should have experts of such quality that anti-virus companies would ask them for advice.
AFK, cop raid
The best weapon of a dictatorship is secrecy, but the best weapon of a democracy should be the weapon of openness.
The question is: do we WANT that? I don't know about you, but I most certainly do NOT like the prospect of seeing classified ads to the tune of "Will pay $5,000 to anyone who kills Mr. John Doe living in 42 Generic Avenue, Somewhereville, CA" with no way at all to track the person who makes the offer.
The illegal we do immediately. The unconstitutional takes a little longer.
--Henry Kissinger
We may be a member of the UN but that in no way allows the UN to dictate legal precedent to us.
Nah, but when congress rattifies an international treaty, the USA is bound to that treaty according to its own constitution.
With regards to the declaration of human rights, that was rattified by congress and is binding.
US law is based on the constitution of the united states and nothing else.
Despite popular belief in the USA it seems, noone is forcing laws onto your country. WHat happened is your country becomming a participant in a treaty and then rattifying that treaty, making it legally binding according to that same constitution you are so fond of.
Interestingly, people in the USA seem to feel strongly about this and respond quickly whenever they have even the slightest suspicion that someone might be trying to enforce some rule or law on them, yet, they have no problem whatsoever forcing any rules or laws on someone else, even rules that they just made up for the specific occation.
That's the same argument people make for the erosion of privacy.
No it is not.
The main difference is that with the erosion of privacy, everyone pays the price in order to prevent small personal loss by a few.
No treaty no matter what it says can supersede the constitution. And contrary to popular belief outside of the US of A, there is a growing movement in our justice system to use international law as precendent for domestic courts.
No treaty has the ability under our constitution to dictate domestic law. Find me the section that says that and I'll be happy to admit I'm wrong. Treaties may be able to dictate our relations with other nations but they have no business or function in domestic affairs. That is what I object to.
If you see spelling or grammatical errors don't blame me. I tried to preview but IE here at work borked the CSS
No treaty no matter what it says can supersede the constitution.
Which is not what I claimed anyway. What I claim is that when the USA enters a traty, ratifies it properly, then that treaty is binding. This is also what the constitution says for all I can tell. If the president ratifies a treaty that is unconstitutional, then there is a problem and the traty may not be valid for as far as the USA goes. So while you are right that the constitution superseeds international treaties, that does not mean that such treaties are not binding.
And contrary to popular belief outside of the US of A, there is a growing movement in our justice system to use international law as precendent for domestic courts.
That is a problem with the justice system, not with international treaties. That said, when the USA happens to be a party to some treaty, even when that treaty has something to say about domestic law (ie, international declaration of human rights) then it is bound to it. THe USA entered into obligations when ratifying the treaty, and will have to live up to that, alternative is to not ratify it.
No treaty has the ability under our constitution to dictate domestic law. Find me the section that says that and I'll be happy to admit I'm wrong. Treaties may be able to dictate our relations with other nations but they have no business or function in domestic affairs. That is what I object to.
Imho you have a very shallow understanding of the subject. I do understand your sentiment, and I don't think that it is wrong, but I also see that your understanding of what an international treaty is, and how it gets approved and incorperated into 'the law of the country' is rather incorrect. What you think is happening is simply not happening. You think it is happening because you lack the proper information and understanding.
oh and again, the USA has little trouble whatsoever trying to force traties onto others even when those others are not a party to that treaty, I'd expect you to object to that based on what you have been expressing here.
You misunderstand me. I don't object to treaties being binding. I object to my own nations government's growing tendency to sign on to treaties that overstep our own nations sovriegnty. This has nothing to do with outside parties it's just me expressing dissatisfaction with our judical, and legislative branches.
If you see spelling or grammatical errors don't blame me. I tried to preview but IE here at work borked the CSS
Webster is such a great source for definition of computer terms. Main Entry: cracker Pronunciation: 'kra-k&r Function: noun 1 chiefly dialect : a bragging liar : BOASTER 2 : something that makes a cracking or snapping noise: as a : FIRECRACKER b : the snapping end of a whiplash : SNAPPER c : a paper holder for a party favor that pops when the ends are pulled sharply 3 plural : NUTCRACKER 4 : a dry thin crispy baked bread product that may be leavened or unleavened 5 a usually disparaging : a poor usually Southern white b capitalized : a native or resident of Florida or Georgia -- used as a nickname 6 : the equipment in which cracking (as of petroleum) is carried out BTW, since no one will get the joke: I'm a from a small rural southern town.
A large gang of 28 people in an apartment - that draws a lot of attention, and once someone catches on, there's no escape.
Not to mention, having shadowcrew.com as a registered name, well that just isn't what grandma would use.
Know your pads. One time pad: good for cryptography. Two timing pad: where to take your mistress.