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FBI Seizes All Servers In Dallas Data Center

1sockchuck writes "FBI agents have raided a Dallas data center, seizing servers at a company called Core IP Networks. The company's CEO has posted a message saying the FBI confiscated all its customer servers, including gear belonging to companies that are almost certainly not under suspicion. The FBI isn't saying what it's after, but there are reports that it's related to video piracy, sparking unconfirmed speculation that the probe is tied to the leaking of Wolverine."

133 of 629 comments (clear)

  1. Too late FBI by dave562 · · Score: 5, Insightful

    On the train on the way home there was a guy walking through the car selling the latest X-men on DVD. I think this is the proverbial "horse already left the barn" situation. However, what happened serves as a good example of what the future holds once the Federal government gets enhanced "cyber security" powers. Imagine what happens when say, for example, a Chinese botnet operator decides to launch an attack against (insert agency here) using zombies exclusively on Verizon's network. Oops... millions of Verizon customers are suddenly SOL. If you've ever had to deal with law enforcement when it comes to recovering what they took from you, you know what a nightmare this could turn into.

    1. Re:Too late FBI by ottothecow · · Score: 5, Interesting
      I'm not sure I understand a full scale FBI raid for determining who actually leaked the copy...

      this is a civil contract issue right? Guy working at effects shop or whatever has contractual obligation not to steal shit from work (and probably signed an NDA with the wolverine job). Guy then breaks contract by taking a copy of the movie and then either uploads it or is careless with it and it gets uploaded.

      Sure, there is some punishment in order but the guy who leaked a work print probably isnt responsible for the "billions of dollars" that the industry will say the leak cost them...he is at most responsible for one act of infringement when he uploaded it plus breaking a contractual obligation not to do so (and any punishment that shows up as too serious in a contract will just get invalidated).

      --
      Bottles.
    2. Re:Too late FBI by poetmatt · · Score: 4, Insightful

      Umm, you missed the significance here, which is the last sentence they said: "If you've ever had to deal with law enforcement when it comes to recovering what they took from you, you know what a nightmare this could turn into."

      If I recall correctly, laws let them hold this shit for up to a month before they're obligated to move their asses and even start giving it back. That doesn't even mean they will. It's beyond ridiculous, people sue all the time for this abuse.

    3. Re:Too late FBI by johnsonav · · Score: 5, Informative

      I'm not sure I understand a full scale FBI raid for determining who actually leaked the copy... this is a civil contract issue right?

      Nope. This is criminal (Section 506(a)(1)(C)).

      --
      ... and that's when the C.H.U.D.'s came at me.
    4. Re:Too late FBI by geekoid · · Score: 4, Insightful

      A) we don't knwo this has to do with WOlverine

      B) He just used that as a launching point for a cyber security rant.

      That is what I was addressing. Adding the the act that the FBI wouldn't confiscate millions of servers.

      Typically, they get a court order go to the company and then gather more information.

      OTOH, this data center occupied two floors of a high rise. So we aren't talking about millions of computers.

      I understand that it can be difficult to get stuff back from law enforcement, and I agree that is an issue that should be addressed.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    5. Re:Too late FBI by ottothecow · · Score: 4, Insightful
      Hmm, that it is so long as it can be proved to be intentional in which case it looks like max 3 years + a fine.

      Of course if it was a guy taking it home to work on or show his family and it got leaked (or they don't have any evidence to the contrary)...

      Either way, how many 3-year max sentence criminal offenses warrant full scale FBI raids that costs numerous other businesses REAL money.

      --
      Bottles.
    6. Re:Too late FBI by 0xygen · · Score: 4, Insightful

      I think perhaps the fact it's largely other people's UNRELATED stuff is where the issue really begins to rub people up the wrong way.

      There were a bunch of raids like this in the UK. The police keep taking entire sets of Indymedia servers and not giving them back for ages.

    7. Re:Too late FBI by Festering+Leper · · Score: 3, Funny

      As a Canadian i have to take issue with the way you spelled 'oot'.

      --
      if you want people to think you know what you are talking about, just put ".com" at the end of everything you say.com
    8. Re:Too late FBI by Jerry · · Score: 5, Informative

      Your example would never happen.

      Apparently you have never heard of the RICO Act, a law passed to fight organized crime.

      http://www.independent.org/publications/tir/article.asp?a=215

      RICO has metastasized from its original intent, which was to deal more effectively with the perceived problem of organized crime. Federal prosecutors have discovered that RICO is a powerful weapon that can be wielded against most business owners, should the feds choose to target them. Rudy Guiliani's prosecution of Michael Milken and other Wall Street luminaries in the 1980s--the springboard from which Guiliani rose to become first the mayor of New York City and ultimately a popular public speaker collecting $75,000 per speech--involved some of the early attempts to expand criminal RICO provisions to prosecute private business figures who clearly were not mafiosi. Today, federal prosecutors use RICO routinely to win easy convictions and prison terms for individuals who in the course of business run afoul of federal regulations. For every John Gotti who is brought down by RICO, many obscure business owners and managers are also successfully prosecuted under this law.

      In tracing the development of RICO, we find that the law was little more than a "bait-and-switch" statute that has had little or no effect in stopping or inhibiting the crimes--murder, rape, robbery, and so forth--that most concerned the public in 1970. Instead, RICO has enabled federal prosecutors in effect to circumvent the constitutional separation of powers between the national and the state governments. Since RICO's passage, the once-clear jurisdictional boundaries between state and federal law enforcement have been erased as more and more individuals find themselves in the federal dock with almost no chance of acquittal.

      The idea for the acronym RICO came from the character Rico played by Edward G. Robinson in the 1930s gangster movie Little Caesar. Nixon signed the bill into law on October 15, 1970, declaring that the new law would "launch a total war against organized crime, and we will end this war" (qtd. in "Nixon" 1970). Indeed, the new law empowered federal law enforcement authorities to engage in activities that seemingly deprived defendants of due process of law as guaranteed by the Constitution. Writes Daniel Fischel:

      To achieve its objective of preventing the infiltration of legitimate businesses by organized crime, RICO gave the government sweeping new powers, including the power to freeze a defendant's assets at the time of indictment and confiscate them after conviction. Traditionally, criminal defendants are presumed to be innocent and face punishment only after conviction. RICO, by allowing the government to seize entire businesses connected even indirectly with a defendant at the time of indictment, before any proof of guilt, is a major exception to this general principle. The government is authorized, in effect, to act as prosecutor, judge, and jury in the same case. The government under RICO is also able to make it more difficult for the accused to wage a defense by, for example, seizing the funds that a defendant would have used to hire an attorney. And if a defendant is convicted, RICO provides for onerous criminal penalties. (1995, 122-23)

      In answer to your statement that it "could never happen" you should know that RICO is used at least 10,000 times a year in the US, mostly against ordinary citizens like you and me. Most raids are made on the basis of information from jail house snitches who are trying to make a "deal".

      Like the infamous "PATRIOT ACT", the RICO ACT is an abomination to the Constitution. With its expansive vagueness prosecutors can use it to criminalize any activity for any reason or no reason and be fairly sure of a conviction. As Justice Robert Jackson [warned], few things are as dangerous as a prosecutor who finds a target, the

      --

      Running with Linux for over 20 years!

    9. Re:Too late FBI by okooolo · · Score: 4, Interesting

      would a company be able to sue FBI if it had it's stuff on one of those confiscated servers but was totally unrelated to the case? or can FBI legally take them all down, sort them out later?

    10. Re:Too late FBI by Savior_on_a_Stick · · Score: 4, Informative

      Depends.

      If the situation is such that in order to prevent destruction of evidence of a criminal enterprise they need to take them all down, they can do so.

      If it were later determined that they obtained the warrants based on information they knew was false (misconduct) or should have known was false (incompetence) there may be a case for a suit.

      But just being wrong?
      Nope.
      That's not cause.

    11. Re:Too late FBI by joocemann · · Score: 2, Insightful

      The best is that when a 'victim' sues the government for their lost/damaged property, and win, its the taxpayers that foot the bill.

    12. Re:Too late FBI by nizo · · Score: 5, Insightful

      Meanwhile, thousands of actual criminals commit much more heinous crimes and go unpunished while the FBI wastes their time on this.

    13. Re:Too late FBI by mOdQuArK! · · Score: 5, Insightful

      Just because it's the law doesn't make it right, either.

    14. Re:Too late FBI by bradkittenbrink · · Score: 5, Insightful

      I think perhaps the fact it's largely other people's UNRELATED stuff is where the issue really begins to rub people up the wrong way.

      There were a bunch of raids like this in the UK. The police keep taking entire sets of Indymedia servers and not giving them back for ages.

      Seriously. How about if the FBI confiscated the luggage from every room in a hotel, just because 1 of them had 50 kilos of cocaine in their room? I have no idea how they've been getting away with these tactics.

    15. Re:Too late FBI by mOdQuArK! · · Score: 3, Insightful

      No. If it is against the law, that means only that it is illegal. That doesn't mean the law is "right". The semantics are important, since many people will not understand that there is something wrong with the law if they confuse what is illegal with what is morally wrong.

    16. Re:Too late FBI by NeutronCowboy · · Score: 2, Informative

      You're missing the distinction between legal and legitimate, both of which are encapsulated in the word "right".

      --
      Those who can, do. Those who can't, sue.
    17. Re:Too late FBI by McFadden · · Score: 2, Funny

      A) we don't knwo this has to do with WOlverine

      Posting from your iPhone again?

    18. Re:Too late FBI by darkpixel2k · · Score: 4, Funny

      Seriously. How about if the FBI confiscated the luggage from every room in a hotel, just because 1 of them had 50 kilos of cocaine in their room? I have no idea how they've been getting away with these tactics.

      FBI warrant application form:

      Justify your search and/or seizure under Constitutional amendment four: "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

      *agent scratches head*

      Uh...anything with blinkenlights.

      Yeah--that ought to do it.

      --
      There's no place like ::1 (I've completed my transition to IPv6)
    19. Re:Too late FBI by TapeCutter · · Score: 3, Insightful

      Yep the taxpayers payed someone to do the damage so they pay the costs, the rest is just red tape.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    20. Re:Too late FBI by Anonymous Coward · · Score: 5, Funny

      Uh...anything with blinkenlights.

      Note to self: Removing blinking LEDs from computer.

    21. Re:Too late FBI by fractoid · · Score: 3, Interesting

      Well, if the FBI raided my house and took all my shit because they suspected the guy next door of breaking some law, and then took months to give my stuff back, I'd sure as hell want compensation. Some collateral damage is unavoidable in some cases but that'd be beyond reasonable.

      TBH I wouldn't be surprised if the difference between "cloned the hard drives and returned the hardware the next day" and "left the entire data center in a warehouse to rot for a year" is whether anyone on the paper trail has a personal beef with the company in question.

      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    22. Re:Too late FBI by dbIII · · Score: 2, Interesting
      Civil computer disputes tend to draw paramilitary responses for some reason. The bizzare response of an international team armed with automatic weapons to apprehend a teenager in quiet Scandinavian surburbia (DVD Jon) is the rule instead of the exeception. I really do not understand where all the hype is coming from unless it is some superstitious overreaction to "white man magic" by people in charge of law enforcement.

      The major downside is that harsh penalties are sought to justify the overreaction - and then things escalate over time. Simple fraud is now "cyberterrorism" while really that word shouldn't be used unless there is a robot with a bomb.

    23. Re:Too late FBI by Wrath0fb0b · · Score: 3, Informative

      this is a civil contract issue right? Guy working at effects shop or whatever has contractual obligation not to steal shit from work (and probably signed an NDA with the wolverine job).

      No, both the original leaker and any subsequent copy-makers are violation of Federal criminal law -- 18USC506(a)(1)(C), in case you want to look it up. Now, perhaps it's a stupid law to have (and I'm sure there is plenty of lively commentary on reforming copyright law, surely a good idea) but, given that it is a Federal criminal matter, FBI involvement seems unsurprising.

      http://www.copyright.gov/title17/92chap5.html#506

      he is at most responsible for one act of infringement when he uploaded it plus breaking a contractual obligation not to do so (and any punishment that shows up as too serious in a contract will just get invalidated)

      Aside from doing 3 years in the slammer, the original copier is actually legally responsible for all the subsequent copies that can be proven to be contingent on his crime, that is, they would not have happened "but for" the original act. That's how tort law generally works -- we are responsible for all the consequences, direct or indirect, for our actions that would not have happened but for the tortious act.

      See, e.g.
      http://papers.ssrn.com/sol3/papers.cfm?abstract_id=966380
      http://www.justia.com/injury/docs/us-tort-liability-primer/expansion-of-tort-liability.html

    24. Re:Too late FBI by mazarin5 · · Score: 2, Funny

      How about if the FBI confiscated the luggage from every room in a hotel, just because 1 of them had 50 kilos of cocaine in their room?

      And to make it even more appropriate to this situation, the man with the cocaine hasn't stayed at that hotel for months.

      --
      Fnord.
    25. Re:Too late FBI by jcr · · Score: 3, Insightful

      thousands of actual criminals commit much more heinous crimes and go unpunished

      No kidding. I know of a group of criminals who just looted hundreds of billions of dollars and gave it to their buddies who run failed banks and manufacturing companies.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    26. Re:Too late FBI by westlake · · Score: 4, Informative
      Hmm, that it is so long as it can be proved to be intentional in which case it looks like max 3 years + a fine.

      17 USC 506

      (A) for purposes of commercial advantage or private financial gain:

      18 USC 2319 (b)

      (1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both... [copies with a retail value of over $2,500]

      (2) shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense

      (3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case.

      17 USC 506

      (B) [retail value more than $1000:]

      18 USC 2319 (c)

      (1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both

      (2) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense

      17 USC 506

      (C) distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

      18 USC 2319 (d)

      (1) shall be imprisoned not more than 3 years, fined under this title, or both

      (2) shall be imprisoned not more than 5 years, fined under this title, or both, if the offense was committed for purposes of commercial advantage or private financial gain

      (3) shall be imprisoned not more than 6 years, fined under this title, or both, if the offense is a second or subsequent offense

      (4) shall be imprisoned not more than 10 years, fined under this title, or both, if the offense is a second or subsequent offense under paragraph (2)

      17 USC 506. 18 USC 2319

      It's perhaps worth a reminder:

      When a federal judge says "three years," you serve three years, with no significant time off. The repeat offender gets hammered.

      Petty crimes, crimes of violence, almost always come under state jurisdiction.

      Interstate crime, economic crimes, high-tech crime, has a very, very, good chance of bringing the geek into the federal system.

      Where he is not likely to do particularly well.

  2. Incredible by nicolas.kassis · · Score: 4, Insightful

    This is nuts, every server in a data center? do they realize the cost that might incur to all these non infringing companies? The wolverine leak nothing, no one was deprived of anything so there is no monetary loss but this? This is plain incredible. Good job FBI, you just caused many people a lot of trouble for a stupid movie.

    1. Re:Incredible by geekoid · · Score: 3, Interesting

      It's actually kind of add.
      Normally they get a warrant and work with the data centers. I wonder if they tried that and he refused leaving them little choice? That is , of course, speculation.

      Just the man power, cost, and effort is extraordinary doing it this way.

      Of course we need to remember what we have is one side of the story.

      Even from a wacky government conspiracy point of view this doesn't make sense.

      Of course, it doesn't look like it was a lot of servers, so that may have played into it.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Incredible by nicolas.kassis · · Score: 2, Funny

      In this case, they should pool up and hire a legal team as large as the team needed to raid their datacenter. 1 for 1, Lawyer to Agent rumble.

    3. Re:Incredible by ShieldW0lf · · Score: 5, Insightful

      Note to self: Install claymores in data center.

      --
      -1 Uncomfortable Truth
    4. Re:Incredible by TubeSteak · · Score: 5, Insightful

      This is nuts, every server in a data center?

      I agree...
      But numerous other websites (all the same "IDG News" article) mention this:
      FBI spokesman Mark White confirmed that agents had executed a search warrant at the 2323 Bryan Street address on Thursday, but declined to comment further on the matter.

      which then brings us to this bit of hyperbole FTFA

      Simpson closed his online letter with the statement, "If you run a datacenter, please be aware that in our great country, the FBI can come into your place of business at any time and take whatever they want, with no reason."

      The FBI had a warrant, which means they didn't go in for "no reason".
      Unfortunately, the fact that they seized everything leaves us with few possibilities
      1. The FBI lied about what they needed to seize on the warrant affidavit & a Judge signed it
      2. The warrant was narrow & specific and the FBI exceeded the warrant's scope
      3. The FBI actually needed to seize everything (incredibly unlikely)

      --
      [Fuck Beta]
      o0t!
    5. Re:Incredible by Anonymous Coward · · Score: 3, Informative

      The judge who OK'd this warrant acted criminally/incorrectly or the actors on the warrant exceeded the authority of the warrant. Warrants must be very specific. They need to list the place to be searched and what is to be seized. If the FBI didn't specify what was to be seized they acted illegally. You can't simply put down "all servers" at some address when all servers encompass multiple unrelated entities which have no relation and specific servers could have been listed. Therefore this is clearly an illegal search even with a warrant.

    6. Re:Incredible by marcello_dl · · Score: 4, Insightful

      There is no conspiracy, all is in the open and the message is clear: no matter what your reasons may be,dear isp, if we like to, we pull the plug on you... punish 1 to educate 100.
      I`d call this soft terrorism.

      It would be a conspiracy if tomorrow some national security guy went knocking at other isps saying: you wanna avoid such incidents? let us snoop into your traffic without warrant, and we promise we won`t give you trouble.

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    7. Re:Incredible by fm6 · · Score: 3, Informative

      Core IP Services doesn't have the whole datacenter at this space. Telx has a huge datacenter in this building, and Core IP resells rackspace there. Note that only 50 systems were affected. It sounds like the FBI pulled the plug on a set of cages or cabinets rented by Core. See this message from Core's owner.

      Not to defend the FBI's stupidity, but their approach is not that different from those Black Hole Lists that many Slashdotters defend. I used to work Help Desk for Hurricane Electric, and the most frustrating aspect of my job was helping shared hosting customers whose email was being blocked because one of our IP blocks was on a blacklist. Why was it being blocked? Because of spam that supposedly came from our IP blocks. If this was real spam at all (and not a legitimate newsletter that some heuristic filter interpreted as spam) it was from somebody who had a shared hosting account with somebody who rented rackspace from us. Or even on somebody who provided shared hosting on rackspace they rented from one of our customers! In other words, everybody in our IP space was being punished for the misdeeds of a customer of a customer of a customer! Getting the spammer offline meant going through multiple abuse desks, and was thus pretty slow.

      (Of course, it didn't help that our own abuse desk and the BHL maintainers were always throwing snits at each other.)

      The lesson here is to think things through before you get all self-righteous. Otherwise you accomplish nothing but hurting innocent bystanders.

    8. Re:Incredible by Anonymous Coward · · Score: 3, Funny

      Also, I think they missed a server or two:

      http://thepiratebay.org/torrent/4816113/X-Men.Origins.Wolverine.2009.WORKPRiNT.XviD-NoRar_

    9. Re:Incredible by Savior_on_a_Stick · · Score: 2

      Ah, if only I had mod points to bestow upon you....

      I posted pretty much the same thing.

      I used to admire slashdotters - now they just seem like weak spineless sheep, always at the ready to jump on the Me Too Brigade.

      Speaking of RBL's - ever get stuck on one that's no longer maintained, but still being used by Clueless Admins?

      I went through that a couple of years ago.

    10. Re:Incredible by Darinbob · · Score: 4, Interesting

      So who's the judge who signed the warrant allowing them to take all servers?

    11. Re:Incredible by KORfan · · Score: 2

      What, have they forgotten the raid on Steve Jackson Games?

    12. Re:Incredible by HiVizDiver · · Score: 2, Insightful

      do they realize the cost that might incur to all these non infringing companies

      I'm fairly certain that they don't, and I'm also fairly certain that even if they did, that fact would be wholly irrelevant to them.

    13. Re:Incredible by twiddlingbits · · Score: 3, Informative

      I happen to live in Dallas and the local news showed them removing van loads of servers from the building so it was more than just a few ( no idea how many were actually in the building) so the FBI didn't execute on a tightly targeted warrant. FBI LIE to get what they wanted..NEVER.. ;) But wouldn't it have been easier to just take the data center down, cut the external connections to the backbones and analyze in place? Find the offending box, yank it out of the rack, trash any backups of that server and let the rest go. Unless this was a very shady ISP, with some sort of connections to the Wolverine "theft" normally an ISP has no knowledge about content and no control over the content on the servers, they just manage the hardware. Yes I know that you must promise not to do certain thing on their boxen but how would the know what you are hosting? Of course it the traffic to IP A.B.C.D all of a sudden takes a 100X jump you would think they might to check into that or maybe not if it's a nice big over the allocated bandwidth fee.

    14. Re:Incredible by einhverfr · · Score: 4, Insightful

      4: The judge didn't understand what he/she was signing off on.

      However, the thing about this is that it seems likely that this will result in anyone they charge challenging the search warrant and excluding ALL evidence related to it, or fruits from it.

      Someone at the FBI needs to develop more of a brain than the average housefly has.....

      --

      LedgerSMB: Open source Accounting/ERP
    15. Re:Incredible by kingramon0 · · Score: 4, Informative

      No, he really did mean thermate.

      It burns hotter than thermite.

    16. Re:Incredible by twiddlingbits · · Score: 3, Informative

      Read that message you linked to again. it says 50 BUSINESSES are without service. It could be more or less than 50 systems.

    17. Re:Incredible by Anonymous Coward · · Score: 3, Insightful

      Actually, I'm fairly certain that they meant exactly what they wrote: thermate. It's basically souped-up thermite that burns hotter.

      I really dislike it when ignorant people try to one-up someone else who actually knows what they're talking about. At least Google the word or something before you try and show everyone how smart you are.

    18. Re:Incredible by Cassini2 · · Score: 3, Interesting

      Wouldn't it be simpler to create an encrypted file system with a self-destructing key?

      That way, when the FBI seized the servers, they could automatically delete all the data for you. Then when it hit court, it would be "well your honour, if the FBI told me what they were up to in advance, then I would have cooperated with them. As it is, this device prevents thieves from accessing sensitive company data. It prevents data thefts like the ones that happened at the department of defense, the CIA, the IRS, and the FBI."

      The cops might be seriously annoyed with you, but you are going to be a criminal anyway ...

    19. Re:Incredible by tftp · · Score: 2, Interesting

      I wonder if they tried that and he refused leaving them little choice?

      1. If they had a warrant and he refused, he'd be simply handcuffed and probably arrested on the spot for obstruction of justice. This hasn't happened.
      2. If they didn't have a warrant then his request for a warrant (and denial of access until the warrant can be produced) is legal.

      Since the FBI was able to get a warrant for the search they presumably could with much less trouble get a warrant for a single server. This eliminates the second possibility (with the warrant the owner would have cooperated.)

      Here is my speculation. The owner of the business says at his Google blog that FBI was looking for a server that belonged to a company who is no longer a client. Probably he told them so, but FBI refused to take "no" for an answer and decided to show who is the boss here, to search the *whole* set of servers. In this situation he'd be really in trouble, since it's awfully hard to surrender a computer that you do not have, with a warrant or without.

    20. Re:Incredible by rrossman2 · · Score: 3, Interesting

      Guess you didn't read the posting on the first link: "Today at 6:00am, the FBI conducted an unwarranted early morning raid of our 2323 Bryan Street Datacenters, on the 7th and 24th floors."

    21. Re:Incredible by s0litaire · · Score: 2, Funny

      Hope the lift was buggered so they had to carry them down the stairs!! :D:D

      On another note!
      Heard that a couple of the hosted servers were part of the area's emergency digital phone system (It's been reported that 911 number was dead in the surrounding area at the same time the FBI entered and started taking Servers!!)

      --
      Laters Sol "Have you found the secrets of the universe? Asked Zebade "I'm sure I left them here somewhere"
    22. Re:Incredible by Yogiz · · Score: 3, Insightful

      No. Someone at the FBI needs to develop better moral judgment. It's the judge that needs to develop a brain.

    23. Re:Incredible by mysidia · · Score: 2, Interesting

      It just shows they probably had no idea what servers they were seizing, or what each server was. They just decided to indiscriminately take everything, no matter who owned it, or what type or purpose the equipment had. An utter failure to comply with the constitutional requirement of "no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. "

      This is like getting a search warrant for Main Street, and seizing all the hundreds of cars parked along it, and anything displayed in any store windows along the street.

      A hosted environment is a virtual city. The colocation provider is a landlord, but their commission of a crime does not entitle law enforcement to search all their tenants' effects without probable cause..

      Search warrants for datacenter environments should include the right to compel compliance to a search and possibly download a copy of all contents of certain servers, if so warranted, but no privilege to take a site offline.

      Depriving innocent business users' of their customers can easily be more severe than the damage done by any crime allegedly committed.

      It renders the actions of government ineffective for serving the purpose of government, and is an instance where law enforcement does more harm than good.

    24. Re:Incredible by dbIII · · Score: 2, Insightful

      Local police maybe can be trusted to play by the rules if you upset them, but agencies are different. When you are dealing with people that are not interested in the rule of law it's "Yes Sir, No Sir. OMG what is that dog doing to my naked ass!". Don't make yourself a target unless there is a really good reason and there are trustworthy witnesses. Remember that it's not always professional law enforcement especially when people that want to play James Bond get involved.

    25. Re:Incredible by dbIII · · Score: 3, Insightful

      I think it's about "sending a message" and was an intentional outcome possibly to some minor obstruction. They can use this example to threaten any other datacentre they deal with in the future. Nasty third world secret police tactics come home to roost.

    26. Re:Incredible by Stripe7 · · Score: 2, Informative

      Analysis in place should have been done. Anyone who has ever done a data center move with trained professionals knows what a nightmare it is. You have to know what servers are hooked up to what network's SAN's etc.. Without a full network topology map of the servers being removed the FBI will have a heck of a time bringing up the servers, if SAN's were used and software as well as hardware raid structures they can destroy the data they are looking for just powering up the servers and SAN's in the wrong configuration. Were the shutdown's graceful? Did they just power off the machines? Imagine what that does meta data for the volume management software then having the SAN's powered up in the wrong configuration as well. Heck, just shutting down the servers will get you a chance of blowing up some components, and if they did not move the machines properly some of the computers won't even boot up due to parts being shaken loose and possibly shorting out on power up as well as the disk failure or two that usually happens in a data center move.

    27. Re:Incredible by grahammm · · Score: 2, Interesting

      The FBI had a warrant, which means they didn't go in for "no reason".
      Unfortunately, the fact that they seized everything leaves us with few possibilities
      1. The FBI lied about what they needed to seize on the warrant affidavit & a Judge signed it
      2. The warrant was narrow & specific and the FBI exceeded the warrant's scope
      3. The FBI actually needed to seize everything (incredibly unlikely)

      4. The FBI knew that the server(s) they needed to seize was in the data centre but did not know which physical server it was. So they just seized everything.

    28. Re:Incredible by blhack · · Score: 3, Informative

      When you're computer equipment gets raided, it doesn't ever get shut down. IF it did, you could just let everything live in a ramdisk and not worry about it.

      they use this: Hotplug

      That "mouse jiggler" thing that you see sold on thinkgeek and the like and laugh at? That is what it is for.

      --
      NewslilySocial News. No lolcats allowed.
  3. All servers!!!!! by IamGarageGuy+2 · · Score: 3, Insightful

    Do the Americans now live in a police state that is controlled by the RIAA. This may sound alarmist but when innocent companies are hurt by the use of FBI force - how far away is it?

    --
    Stay tuned for new sig...
    1. Re:All servers!!!!! by davidbrucehughes · · Score: 5, Interesting

      This is exactly why we relocated to Chile six months ago. We had already moved to the end of a dirt road in the mountains of Mexico, but that wasn't far enough away. Now we're at the end of a much, much nicer dirt road in a country that is not ruled by mad-dog copyright censors. (And where you can rent a furnished, 5-bedroom house with cedar paneling on 2 acres of land for US$400.)

      Not that we are into downloading copyrighted material; far from it, we generate our own material and publish it under a Creative Commons license. But there are such things as principles...

      --
      om namo bhagavate vasudevaya
    2. Re:All servers!!!!! by sgt_doom · · Score: 5, Insightful

      A resounding YES!! The FBI, headed by unindicted co-conspirator to the coverup of the BCCI investigation (and probably the Iran-Contra affair as well, when he was head of the Justice Department's criminal division - appointed by George H.W. Bush), Director Robert Mueller, is the last person in America I would trust with any investigation. The fact that they have time for such matters, when they should be pursuing the war criminals of the Bush Adminstration and the financial fraudster super-crooks on Wall Street, is truly mind-boggling......

    3. Re:All servers!!!!! by illumnatLA · · Score: 3, Insightful
      Yes, we do live in a police state in a way.

      With the speed that law enforcement works at, it'll be months, if not years before those innocent companies get their equipment back... if they get it back at all.

      You see, in many places, laws were passed that allowed law enforcement agencies to keep property that is *suspected* to have been used in a crime. For example, the police think you've been dealing drugs out of your car. You go to court and are proven innocent (you don't even necessarily have to be charged witha crime!) Cops get to keep your car anyway because they *suspect* it was used in a criminal activity. Great system don't you think?

      See this article for one example... there are many others... Property seizures seen as piracy

      The state's asset seizure law doesn't require that law enforcement agencies file criminal charges in civil forfeiture cases. It requires only a preponderance of evidence that the property was used in the commission of certain crimes, such as drug crimes, or bought with proceeds of those crimes.

      That's a lesser burden than is required in a criminal case. And it allows police departments and prosecutors to divvy up what they get from such seizures - what critics say is a built-in incentive for unscrupulous, underfinanced law enforcement agencies to illegally strip motorists of their property.

      --
      Web hosting that doesn't suck!Dreamhost
    4. Re:All servers!!!!! by DarkOx · · Score: 3, Interesting

      This government has totaly grossly exceceded its mandate. I am already longing for the Bush years.. I say we tar and feather the entire Legislative branch and all the officers in the Executive president included.. Who is with me?

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    5. Re:All servers!!!!! by OeLeWaPpErKe · · Score: 3, Insightful

      Or perhaps the company ... you know ... actually did commit a crime. The leaking of wolverine was not an accident. Some guy actually walked in, comitted massive fraud and abused many people's trust, and you'll have to admit the chance is pretty damn huge this was done with malice. And now proof is needed that this guy not only abused many people's trust, but also actually did what the FBI alleged.

      What if it was done to prevent destruction of evidence, and was actually the right thing to do ?

      If anyone from Coreserver actually gets convicted in this case, I'm sure you'll change your opinion. Right ?

      (I'm not really so stupid as to actually consider the thought that you might realise the FBI actually does stop criminals, and saves lives and property ... You're just trying to attack someone you suspect, obviously without a shred of proof or even thought, in narcissistic grandiosity, of being "out to get you". That thought is so much more comfortable than the truth, that noone cares at all).

    6. Re:All servers!!!!! by Ceiynt · · Score: 2, Insightful

      To hell with the Bush years. This should be done every 8 years, regardless of who's in charge, and should have started in the 30's.

    7. Re:All servers!!!!! by olddotter · · Score: 3, Interesting

      Do the Americans now live in a police state that is controlled by the RIAA. This may sound alarmist but when innocent companies are hurt by the use of FBI force - how far away is it?

      Apparently the answer is yes.

      Forget money, some data can cost lives. While rare, I have worked on databases of information that a few times a year save the lives of people in hospitals. What if that type of info is unavailable due to this type of fishing net equipment grab?

    8. Re:All servers!!!!! by cenc · · Score: 3, Informative

      You are not the only person who has moved to Chile for similar reasons, myself included.

      Very strong constitutional protections for private property in Chile. Real protections, not political lip service to their protections.

    9. Re:All servers!!!!! by cenc · · Score: 3, Interesting

      By the way I might add that the largest ISP in the country, boldly displays a sign in their office window advertising no restrictions on bittorent or P2P downloads.

  4. Ye gods by Anonymous Coward · · Score: 2, Interesting

    If this is true and equipment totally unrelated to the suspected parties (apart from being in the same building) was also confiscated then every data-centre in America could be shut-down due to one badly behaved server hosted in it?!

  5. Getting old, I guess... by rewt66 · · Score: 4, Insightful

    ... and the memory fades with age. But I seem to remember a time when this was a free country, with due process of law and such.

    1. Re:Getting old, I guess... by rewt66 · · Score: 5, Insightful

      A search and seizure warrant for all servers in the datacenter, no matter what company owns them? Either they exceeded the scope of the warrant, or it's a horribly over-broad warrant. Either way, that's not "reasonable" search. It's still a violation of due process - what due process is supposed to mean, that they can't just take people's stuff on a whim.

    2. Re:Getting old, I guess... by samriel · · Score: 2, Informative

      A search and seizure warrant for all servers in the datacenter, no matter what company owns them? Either they exceeded the scope of the warrant, or it's a horribly over-broad warrant. Either way, that's not "reasonable" search. It's still a violation of due process - what due process is supposed to mean, that they can't just take people's stuff on a whim.

      Right, and I have a feeling that's what will be argued. If the judge couldn't think this far enough into the future, then he should face some consequences. Indeed, quoting others in this thread, it will be months or years until the other companies get their equipment back, if at all.

      IANAL, IDNRTW (I Did Not Read The Warrant)

    3. Re:Getting old, I guess... by merchant_x · · Score: 4, Insightful

      They are trying to make an example of this company, IMHO. Pure speculation on my part but the overboard manner in which this was executed makes me think they wanted to send a message to this company and other data center operators. I'm guessing that perhaps Core IP may not have been as cooperative as the FBI would have liked them to be in past inquiries. So they used whatever excuse they have currently to get an over broad warrant and shut the whole operation down. That's just my straight out of my ass feeling though.

      I hope this backfires horribly on the FBI. I hope that the affected completely innocent companies get some lawyers and go to town on the FBI for this.

    4. Re:Getting old, I guess... by physicsphairy · · Score: 2, Interesting

      The thing to remember is, the FBI is going to come out of this justifying themselves. Because somewhere in all of that data is going to be something illegal, practically as a given.

      But let's forget temporarily about our rights (taking a cue from the judge who signed this)--it had better be a really important crime if the FBI is going to spend the resources to examine an entire datacenter's worth of data. There are more than enough understaffed and unsolved murder cases etc. that if they're doing this to track down the leek of the new X-Men movie (as alleged) I'll be pretty pissed.

    5. Re:Getting old, I guess... by Antique+Geekmeister · · Score: 3, Insightful

      Oh, please. Tell that to the Nisei (the Japanese-Americans locked up during World War II), the slaves of the USA's first 100 years of existence, women without the vote or property rights, the victim's of the McCarthy era witch hunt against Communists, the hippies of the 1960's, and various people whose have rights have been trammeled since the beginning of the USA. We're a nation of laws on good days: on bad days, we've been nationalistic thungs.

    6. Re:Getting old, I guess... by Danathar · · Score: 4, Insightful

      You must be 150 years old because the last time this was a free country was BEFORE the 16th and 17th amendments to the U.S. Constitution which were pushed through the country by PROGRESSIVES (Note I don't say democrats or Republicans) at the end of the 19th and early 20th century.

      The writers of the constitution KNEW that concentrated power leads to less freedom which is why they purposely tried to distribute power to the states as a check against the federal government. Once the federal government got the ability to directly tax people and take away the state's ability to decide for THEMSELVES how senators were appointed they (states) became nothing more than crack whores on federal $$$. Senators care more about their federal gigs than the states they represent (except during elections).

      So now we have

      1. States that can no longer check the federal gov like designed.

      2. An interpretation of the constitution which means whatever the politicians and laywers want it to mean based on the idea of "implied powers of the constituion"

      Notice that everybody in Washington is talking about the bailouts and expansion of federal gov in terms of MONEY and not a reduction of freedom and liberty which is more important than the gargantuan debt.

      Welcome to the Alexander Hamilton's US of A. May he rot in hell for what he did to Jefferson and Madison's dream.

  6. The Wolverine is out of the bag. by Beelzebud · · Score: 2, Insightful

    It's all over p2p networks, it's in IRC channels, it's on usenet. Good luck getting rid of all traces of it.

    1. Re:The Wolverine is out of the bag. by iminplaya · · Score: 3, Insightful

      They're just after the original leaker. SOP... "Shoot first", ask questions later

      --
      What?
  7. Umm by Anonymous+Showered · · Score: 5, Informative

    Hasn't the FBI heard of data center control panel software to find the specific server(s) in question? My colocation facility's web panel tells me the switch #, power plug #and location and a whole ton of other shit. WTF is up with this?

    1. Re:Umm by nicolas.kassis · · Score: 2, Insightful

      I'm wondering the same thing, how the hell can they get servers own by different entities. Does the warrant not require a specific person to be raided? These FBI went to far on this one and the job who approved this is a idiot.

    2. Re:Umm by Princeofcups · · Score: 3, Interesting

      Any enterprise class server has no local disk, or system disk at most. All data is stored on SAN disk. It would be hilarious if they grabbed all the servers but left the storage array.

      --
      The only thing worse than a Democrat is a Republican.
  8. Re:Unconfirmed speculation by Beelzebud · · Score: 3, Informative

    It's not speculation that the data center was raided and shut down, including businesses that aren't doing anything wrong...

  9. According to my (cop) Digital Forensics Prof... by JimXugle · · Score: 5, Interesting

    When a police officer seizes computer hardware from a business in the course of an investigation, they can be held civilly liable for any loss or damage caused to the business by their actions.

    At least thats how it is for Pennsylvania State Police.

    --
    -jX

    Don't you just love politics? It's like a comedy of errors.
    1. Re:According to my (cop) Digital Forensics Prof... by Anonymous Coward · · Score: 4, Informative
      Source? Federal law explicitly says otherwise. The doctrine of "qualified immunity" protects any law enforcement officer acting in good faith in accordance with his duties from any civil liability associated with those. This matter has been extensively litigated over the past 100+ years and there is a solid body of case law dealing with it.

      A police officer serving a search warrant cannot be held liable for any civil damages resulting from that action unless he had reason to believe the warrant was not valid or he went about serving it in a grossly incompetent fashion.

      The statute in question is: 42 U. S. C. s 1983. Qualified Immunity of Police Officers.

      I suggest you start your research here.

    2. Re:According to my (cop) Digital Forensics Prof... by Cheviot · · Score: 2, Informative

      How'd it work out? He won $300,000 in his suit.

  10. Wrong **AA by NixieBunny · · Score: 3, Insightful

    I'm assuming Wolverine is a movie not a music album, so that would be our overlords at the MPAA, not the RIAA.

    --
    The determined Real Programmer can write Fortran programs in any language.
  11. Is Copyright still a fair deal? by thesupraman · · Score: 5, Insightful

    This is not the question to ask.

    The question to ask is what good are the public getting in return for giving up such freedoms, AND paying for the giving up of such freedoms (dont forget who pay for the FBI, Police, etc), and paying for the protection of the revinue to copyright owning entities.

    Now, this is supposed to be the entering in to the public domain (as in becoming free..) of creative content at the end of the copyright period - a fair and equitable arrangement one could say - we protect their profits for a period, and at the end of that, we gain the advantage of their creativity openly.

    However, that was in the days of limited copyright periods, these days thanks both to DRM (an unbroken DRM means an item cannot become free after its legal protection stops) and changes to copyright periods (a lot of things we have already paid to protect should be public now, and are not..) we, the people, have lost our end of the 'bargain'.

    Perhaps it is time for the copyright owners to be carrying the full costs of enforcing their copyrights, since they don't feel the public should be allowed future advantage of their content?

    I wonder what the yearly government costs of copyright enforcement is, it seems more and more public resource is bring piled in to protecting it..

    Or perhaps the people (that is, government) should simply cease on their end of the bargain in return, and in light of technological DRM, revoke copyright laws, as they were enacted to protect otherwise unprotectable items (such as books) - does DRM mean we shouldn't have to suffer copyright laws?

    Once upon a time there was balance, an equitable deal between the state and copyright holders - the copyright holders have long since stopped holding up their end of the bargain....

  12. Re:Cloud computing by Satertek · · Score: 3, Insightful

    Wrong. When I take planes, they just fly straight through the clouds. Think how hard it would be to suck up and confiscate all of them.

  13. Re:Privacy???? by SuperMo0 · · Score: 2, Insightful

    I share the sentiment of your first paragraph. I've never been one to be too upset about government surveillance, because I realize it helps keep me safe, and such.

    I wouldn't jump so far as to say "This is a dictator-esque move", though. This is a move that shows what happens when you take a phone call from someone hysterically complaining about something and don't wait for them to calm down before you do whatever they told you to.

  14. Re:Umm Well, maybe there IS something there, and by davidsyes · · Score: 2, Insightful

    the act of taking every single server is to:

    -- be punitive
    -- scare other colos
    -- dissuade this current target from going back into operation without screening clients

    It's probably the greatest fear of every rental property manager/at-home landlord, that renters/tenants would conduct illegal activities on the premises, then subject every occupant to subpoena and total confiscation of every electronic and paper file, loss of hardware, and invasion of privacy, and stultefying disruption of business, schooling and other activities.

    But, really, FBI, why not just run a deep scan using your own cracking tools? You could be on and off the property. We pay MORE than enough tax dollars that you guys & girls could arrive and spend 3 or 4 hours collecting what you need via data and paper scanners. Once you get stuff into a property room and all tagged, what is the likelihood of expedient recovery by the original owner? What if you guys REALLY find NOTHING, and there is some internal intertia to not look stupid, which might induce a decision to delay for as long as possible the return of confiscated stuff.

    Hell, if i'm under suspicion, i'd GLADLY let you scan in exchange for not hauling my shit off. And, since you guys have the technical means to record virtually every electronic transaction or all traffic long before you descend upon your targets, they may never even be aware of being a person of interest. Even if they are guilt of SOMEthing, do you need to shut down every single aspect of their lives to prosecute a subpoena-limited scope of crime? You may as well seize their account balances AND take their debit cards and garnish their wages to prevent repurchase of new hardware onto which recovery tapes NOT at the target address will go. Then what, cat and mouse? Get the target to self-incriminate by demanding to know every last data archive location?

    We need a more civilized form of crime prosecution that does not add insult to injury before the "suspect" even goes to jail. Oh, and for those who wish to slam me, yes, i am aware that by the time the new footage shows boxes being carried to the evidence van while the cuffed suspect is led to the warm mobile chariot seat is *likely* long under surveillance *AND* is guilty as hell even without a trial date come and gone, there STILL are times when law enforcement just goes in and scoops up EVERYthing as if to shut down someone. Many times, judges allow the suspect who is not a flight risk to post bail or be out on OR if tagged/collared. In the meantime, it is a MEAN time to be at an upsidedown-turned home, lacking all gear, and feeling watched. Yep, the pirates of nation-crumbling data and apps, kiddie-porn peddlers, stock options inside traders, illegal gambling and secrets thieves SHOULD be watched, but some crimes that are prosecuted (pursued before prosecution as well as punished by jury/judge) are done so at the behest of some foul-play-crying corporation having a hosed up business model.

    --
    Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
  15. Alas, you're going to need a new constitution by Mateo_LeFou · · Score: 4, Interesting

    Eldred v Ashcroft holding was that a copyright law (in that example the one that extended Mickey's copyright protection) is presumed constitutional if it doesn't explicitly say it's for "infinite length" and if it maintains the distinction between idea and expression.

    Although your reading -- that a copyright law is unconstitutional if it does not promote Science and the Useful Arts -- makes a lot of common sense, it just isn't the case.

    In America, I mean. As presently Constituted.

    --
    My turnips listen for the soft cry of your love
    1. Re:Alas, you're going to need a new constitution by RKThoadan · · Score: 2, Informative

      Unfortunately, no Congress does not really get to determine what the Constitution or anything else the Legislative branch writes means. The Judicial and Executive branches of the government get to determine what the Legislative branch meant. If the Legislative branch disagrees than it can attempt to craft new legislation or amend the old.

    2. Re:Alas, you're going to need a new constitution by JesseMcDonald · · Score: 4, Insightful

      That assumes that Eldred vs. Ashcroft wasn't itself an incorrect judgment. Even USSC judges aren't fallible, after all, and they're hardly impartial when it comes to the scope of the government's legislative, executive, and judicial powers.

      Personally, I've always thought the legitimacy of a court which derives its powers from the Constitution defining the meaning of that Constitution to be highly suspect. The Constitution is supposed to be an agreement between the government and the people, after all; in what other circumstance would it be deemed acceptable for one party to an agreement to have exclusive control over that agreement's interpretation? Particularly when that party is the agent, not the principal?

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  16. sounds like you need a lawyer by iccaros · · Score: 3, Insightful

    from the owners statements.. "unwarranted early morning raid" Fist they must have a warrant and it must specifies each piece of equipment that they are taking and why, This is why you have an attorney on call, and it also sounds like the agent threated this person, which is a crime.. Under the Fourth Amendment, searches must be reasonable and specific. This means that a search warrant must be specific as to the specified object to be searched for and the place to be searched. Other items, rooms, outbuildings, persons, vehicles, etc. may require additional search warrants. (from Wikipedia) Just like when the police came by (and had the wrong house) and wanted to see my car, I asked to see the warrant.. When they got done talking lots of crap about how much trouble I was in for not letting them search my car, they then figured out that they were at the wrong house.. just because they ask does not mean you have to let them in.. also if you are an effected business, I would contact your lawyer and have them contact the FBI about loss of productivity, and if your servers were not on the warrant, then start a suite on unlawful seizure..

  17. The Wolverine leak is an unconfirmed by geekoid · · Score: 5, Insightful

    reason.
    There is also speculation on illegal drug communication.
    Also not confirmed.

    Things to remember.
    A) They had a warrant

    B) We are only here one side

    C) There is a lot of speculation as to why.

    Lets watch closely, but avoid jumping to any conclusion.
    No I'm not new hear, just overly optimistic.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:The Wolverine leak is an unconfirmed by anagama · · Score: 2, Insightful

      Lets watch closely, but avoid jumping to any conclusion.

      It seems to me, presuming the government has a good reason for anything it does is the conclusion to which we should avoid jumping.

      --
      What changed under Obama? Nothing Good
    2. Re:The Wolverine leak is an unconfirmed by chazzf · · Score: 2, Insightful

      Because the government always lies, but the individuals who compose the government are saintly truth-tellers.

      --
      No statement is true, not even this one.
    3. Re:The Wolverine leak is an unconfirmed by mcrbids · · Score: 4, Insightful

      Lets watch closely, but avoid jumping to any conclusion.
      No I'm not new hear, just overly optimistic.

      Optimistic to the point of idiocy, perhaps. What happened here is analogous to getting a search warrant for downtown Chicago because there's reason to believe a crime has been committed.

      In case you haven't been in a bona-fide data center, they are usually !@# HUGE. Even the smallish one that I host at is large - servers well into the thousands. All high-capacity equipment. Even a rather popular site like Slashdot could be easily served out of a single rack, maybe even just a half-rack! A data center is usually divided into locking cages, locking racks each the size of a large refrigerator, and often into half-racks which can hold up to about a dozen 1U rackmount servers.

      Logically, it's more like a huge apartment complex - each separately locking cage, rack, or half-rack belongs to a different party.

      In the IT world, a datacenter is not analogous to "a house" or even "a building", unless by "a building" you're talking about the feds getting a warrant for the ENTIRE EMPIRE STATE building.

      This is farking nuts, and makes me nervous, even with our D/R plans and fully redundant, off-site hosting, off-network hosting.

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
  18. It's sad when people can't wait... by erroneus · · Score: 2, Interesting

    ... It's an ugly thing that people thought it necessary or even a good idea to give out pre-released movie material. To clarify my position, I like downloading movies from the pirate bay. The movies I like, I usually buy... the movies I like a little, i wait until they are in the bargain bin at WalMart. If I didn't like it, I don't buy it.

    With all that said, I once ruined my interest in buying the Stargate SG-1 movie by downloading and watching a pre-production copy of the movie from the pirate bay. I might buy it one day if I have that amount of cash in my pocket at the time I see it on the shelf, but the combination of events and circumstance have to make it seem like the thing to do at the time. I might still enjoy the production edited version of the movie with all effects and stuff installed, but I will still see this "unfinished" crap in my mind because that's what I saw first. Never again will I watch a movie before it is complete.

    I want to see the Wolverine movie... trailers look cool. But I am not going to get the pre-release from the pirate bay because I don't want to ruin it.

  19. Why does this kind of thing surprise anyone? by onyxruby · · Score: 5, Interesting
    Too many people are tied up in the idea that Obama is some kind of mesiah, that they forget to look into the facts. Look Bush was arguably the worst president in US history, but that is no reason to give his successor a free and unquestioned ride. This is the guy who chose Biden, long the media's lapdog and has subsequently posted top **AA lawyers to the justice department....

    Bottom line is people need to hold Obama accountable for these things (he sets the tone for things in the Fed gov just as Bush did before him) and stop putting him on some kind of plinth.

    1. Re:Why does this kind of thing surprise anyone? by onyxruby · · Score: 2, Insightful

      Your comment is misguided, I also hold Clinton responsible for the DMCA and our Senators for passing laws etc. I certainly agree with holding congress critters accountable, unfortunately you did not carefully read my post, and have posted a reply that does not address my point. The point is that heavy handed action by the justice department has now publicly begun under the Obama administration.

      The justice department has long taken direction for it's priorities from the president at the time. Since senior justice department lawyers are ex **AA they have directed the justice department to take a heavy handed approach on this type of matter. It was no different under Bush or Reagan with their priorities (war on drugs etc).

      You are a naive fool if you think Obama does not have influence on such matters. He has already used his influence with those he appointed. Much as many people held Bush accountable for the actions of Justice under him (Patriot act actions and so) they must also hold Obama equally culpable.

  20. Re:Privacy???? by Jherek+Carnelian · · Score: 4, Insightful

    I normally don't care about privacy issues. The government can tap my phone if they feel like it, they can look into my purchasing records, they can stake out my house. They can look into my past work history. I really don't care.

    They don't care about you. It isn't about you. They care about rising politicians and others who challenge the status quo.

    I care deeply about personal privacy for the same reason I care deeply about gun rights - chances are that I will never carry a weapon in my life, but our society as a whole is made safer and more resilient by the fact that law-abiding citizens can own and use them in self defense. Similarly our society is made stronger and more egalitarian when everybody has privacy, the people who can make a difference and the common peons like the rest of us.

  21. E-mail server not responding by Andrew+Lindh · · Score: 3, Funny

    I love the end of the story "CBS 11 News emailed Simpson about the raid, but as of Thursday evening he had yet to respond"..... I wonder why? May be the FBI took their mail server too?

  22. Re:Okay, 2 points here, both in humor by Goobermunch · · Score: 2, Informative

    It's not limited to Dems, thankyouverymuch.

    Check out Steve Jackson Games, Inc. v. United States Secret Service. It's the case about a Secret Service Raid on SJ Games in which the Secret Service seized a number of computers, nearly crippling a business. The details can be found at: http://en.wikipedia.org/wiki/Steve_Jackson_Games,_Inc._v._United_States_Secret_Service.

    For the record, the seizure of the computers took place in 1990, under the Bush (I) administration.

    --AC

  23. Re:Umm Well, maybe there IS something there, and by Hurricane78 · · Score: 2, Insightful

    You write much, but get little. Sorry.

    Who profited from this the most? Even if it has nothing to do with a leaked movie.

    There, all base for your reasoning is gone.
    This is all just a giant theater. Psychology. Simple, but effective.
    I think it is another step to a 1984 type "society".

    Do not think they are stupid. They know exactly what they doing.
    Maybe not the grunt who was raiding. But the guy behind the big desk for sure.

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  24. Re:Okay, 2 points here, both in humor by Goobermunch · · Score: 2, Funny

    And I fail at reading the entire subject line.

    I'll have my order of crow, well done, with a side of my foot. And can you cover that in my own words?

    --AC

  25. ONLY patronize non US CoLo(s) by Paracelcus · · Score: 4, Insightful

    Romania or Belarus, where nobody gives a shit!

    --
    I killed da wabbit -Elmer Fudd
  26. Re:Incredibly ironic by j-stroy · · Score: 5, Informative

    A police agency disconnects 911 service and the media tries to email a guy whose email servers are all fubar from the raid.

    I wonder who carries the liability here, the FBI for disconnecting customers 911 service, or the data center for harboring evil doers?

    FTFA:
    "According to Simpson, some residents' access to 911 is also being affected because some of Core IPs primary customers include telephone companies."

    "Simpson claims nearly 50 businesses are without access to their email and data. ... CBS 11 News emailed Simpson about the raid, but as of Thursday evening he had yet to respond."

  27. Re:Privacy???? by anagama · · Score: 4, Insightful

    The second paragraph is one reason why your feelings stated in the first paragraph are harmful to you and everyone else.

    Privacy is its own reason.

    --
    What changed under Obama? Nothing Good
  28. Heinlein already said that by mangu · · Score: 4, Interesting

    Or perhaps the people (that is, government) should simply cease on their end of the bargain in return, and in light of technological DRM, revoke copyright laws

    We, The People, already revoked copyright laws. As Robert Heinlein once wisely wrote:

    "I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; If I find them too obnoxious, I break them. I am free because I know that I alone am responsible for everything I do."
    ("The Moon Is A Harsh Mistress", 1966)

    Nothing like easily broken laws and internet anonymity to set a man free...

  29. Re:Unconfirmed speculation by Aladrin · · Score: 2

    The customer may have done nothing wrong, but the hosting company may have been using every computer under their control for illegal uses.

    We simply don't know and it's pointless to get up in arms with no information whatsoever.

    --
    "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
  30. They told if George W. Bush got elected... by Anonymous Coward · · Score: 2, Insightful

    They told if George W. Bush got elected...
    we would be seeing over-the-top raids like this and an attack on our civil liberties.

    I can hardly wait until we elect a Democrat and all of this will stop.

    1. Re:They told if George W. Bush got elected... by jcr · · Score: 4, Insightful

      I can hardly wait until we elect a Democrat and all of this will stop

      I never expected it to stop. The most I was hoping for was lefties having to admit that their guy wasn't any better.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    2. Re:They told if George W. Bush got elected... by Anonymous Coward · · Score: 4, Informative

      Don't hold your breath on that. Obama is a puppet in the hands of big corporations as GW was and as every other politician who wants to make a career is. Come on, do you really think there is one politician in the entire world who will protect normal citizens against the will of any giant corporation?

    3. Re:They told if George W. Bush got elected... by Onymous+Coward · · Score: 5, Interesting

      Before we let run wild our confirmation biases...

      We might wait on news of what the raid is actually about? Man, trotting out the partisanship at this point is pretty ugly.

      Speaking of jerky behavior, the agent in charge of the raid was reported by the CEO to have said:

      I received a call 15 minutes later from FBI Agent Allyn Lynd. Mr. Lynd would not tell me why he raided our datacenter or what he was looking for. He also accused me of hiding inside my house in Ovilla, Texas. I was actually in Phoenix, Arizona when this happened. I told him that, and he told me that he was "getting the dogs" after me, and hung up on me. I found out from an employee that there were 15 police cars and a SWAT team at my home in Ovilla.

      Geez, the CEO must be a real criminal to merit that treatment. Better pre-emptively pull out his toenails.

    4. Re:They told if George W. Bush got elected... by Maxmin · · Score: 4, Interesting

      Politicians love power, and what President would want to limit his own? Look for Obama to amend such laws late in his first term, when it looks better, if that even comes.

      But don't you think it's a bit early in his term, one encumbered from the start with heavy baggage, to begin dealing with the myriad problem laws that have been passed during the last half century?

      FWIW, RICO was passed in 1970, and the Feds love its vagueness to death. Easy prediction: Obama will receive no recommendations from his cabinet or federal appointments to crimp or change it. Between RICO and Patriot, we're not going to see the end of fracked-up warrantless situations like Core IP, not until a President alters the makeup of the Supremes, and subsequent legal challenges bring down the over-broad aspects of those laws.

      --
      O lord, bless this thy holy hand grenade, that with it thou mayest blow thine enemies to tiny bits, in thy mercy.
    5. Re:They told if George W. Bush got elected... by jcr · · Score: 3, Insightful

      Politicians love power, and what President would want to limit his own?

      Exactly. That's why it's so tedious to hear people claim that everything will be just fine and dandy if you just give the vast accumulation of power in violation of our constitution to their team instead of the other team.

      Power is like Uranium. Get too much of it in any one place, and Bad Things Happen.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    6. Re:They told if George W. Bush got elected... by TheTurtlesMoves · · Score: 3, Interesting

      I agree with you generally. But I also find somewhat odd and even disturbing that they can raid you and not tell you why? How long do they keep the computers? Do you have any recourse or compensation? Something like this could make a company go bust, so I would think the raid would have to be justified properly.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    7. Re:They told if George W. Bush got elected... by jcr · · Score: 3, Insightful

      But I also find somewhat odd and even disturbing that they can raid you and not tell you why?

      Think that's bad? We had a president back in the 1940s who locked up thousands of innocent people without charges just for having Japanese ancestors.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    8. Re:They told if George W. Bush got elected... by commodore64_love · · Score: 3, Interesting

      Well when Dubya was elected I was hoping he would be better than Clinton, and he was at first, but after 9/11 he turned into a War Hawk. Very disappointing. The proper response to 9/11 should have been the same as if it was a major traffic accident that killed 1500 people - mourn, rebuild, move on. NOT go out and commit mass murder against Iraqi and Afghan citizens, which makes us no better than the terrorists. (I'm glad I voted libertarian.)

      As for Obama, I never expected much from him. An outstanding speaker is not necessarily a good executive. Plus he's doing exactly what I expected - spending our children and grandchildren's income. Nice job.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    9. Re:They told if George W. Bush got elected... by Gnascher · · Score: 4, Insightful

      Obama's only been in office since Jan. 20th ... in this time his primary focus has had to be the economic crisis and the wars in the Mid-East.

      Bush had a full 8 years to put all of his policies into effect. Do you think it's reasonable that Obama could reverse all of that in such a short time in office? Our new President has been very efficient since taking office and has put many wheels in motion trying to reverse much of the damage that Bush Co. has done to our country. But he can't do it all with a simple stroke of the pen, and he doesn't have the Constitutional authority to just "make it so" with a stroke of his pen for many of the things he'd like to do. His policies must follow the process of law, or he's no better than Bush.

      Any objective observer would give Obama very high marks for his first 74 days (as of this writing). Granted he's got many people on the right who will cry foul at many of his moves, and people from the left who are whining that he hasn't given attention to their pet issues, but you have to admit the man has been very busy and very efficient even if you can't agree with what he's done.
      It will take time for the 'cultural change' within the government to take hold. Many Bush appointees still hold office, many gov't agencies still have the mindset of the last 8 years and it takes time to enact cultural change within an organization as complex as the US Government.

      It's not the time to judge Obama yet, give him time to get his agenda in place. Stay vigilant, yes. Complain that everything hasn't changed yet? C'mon ... be realistic.

      --
      It's not my fault! It was this way when I got here.
    10. Re:They told if George W. Bush got elected... by jcr · · Score: 2, Insightful

      If you're going to try to rationalize locking people up without charges, then you and I have no basis for further discussion. FDR was a tyrant.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  31. Good point! by mangu · · Score: 4, Insightful

    Good luck getting rid of all traces of it.

    Well, I had no interest at all in this movie to begin with. But you got me thinking, if it's so important to "them" to suppress it, it's in everyone's interest to make "them" fail. So I joined the revolution, I'm downloading it now, from the 100000+ seeds.

    As someone once said, if you're not part of the solution then you are part of the problem. Right now the problem is getting rid of those copyright nazis. If downloading Wolverine eats into their profits, let's all download Wolverine!

  32. Re:Unconfirmed speculation by einhverfr · · Score: 5, Interesting

    So, this justifies pulling the 911 service servers in what way?

    You see, search warrants are supposed to be narrowly tailored to those areas where it is more likely than not that they will find the evidence they are looking for. Pulling 50+ servers without even checking to see who is using those servers (we don't know how many servers, we know that 50 companies were affected) seems to be blatantly in violation of the 4th Amendment.

    It is worth noting that the 4th Amendment was included partly in response to the common law larger-area search warrants which would allow police to search a string of houses because they were pretty sure that the evidence they were looking for was SOMEWHERE in that range. We require a tighter level of control than that.

    --

    LedgerSMB: Open source Accounting/ERP
  33. This company is basically done by rennerik · · Score: 5, Insightful

    Unbelievable.

    I've worked in three different datacenters in my professional life, and I think I can safely say that this company is done for. Five+ days of all servers being offline... not just offline, but seized and inspected thoroughly... clients are going to cancel in droves once things come back online, if they haven't already called the company and made their intentions clear.

    Whether or not this had anything to do with the whole Wolverine leak is unknown to me, but if it is, how is it OK to seize the assets of an entire datacenter? I sincerely doubt that the majority of those customers were engaging in the distribution of pirated material. What justification could you possibly have for affecting not only the longevity of the service provider, but the customers *at* the service provider, just so you can find some sleezy pirate with your movie on his servers. Is it worth hundreds of thousands (perhaps even millions) of dollars in *others' money*? Yeah, I don't think so.

    The only time this would be even remotely OK is if the datacenter housed some gigantic criminal operation where the vast majority of its customers were committing crimes, and the DC was in on it.

    I really wonder what this says for other datacenters that unknowingly house customers who engage in criminal behavior. Because, statistically, every datacenter that serves the public at large is bound to have at least one. As a provider, how am I to know what's going on in every corner of my DC? Am I to surveil all the traffic, all the servers, everything? And if that's my duty now, isn't that a bit disturbing?

  34. Re:Privacy???? by anagama · · Score: 2, Insightful

    Paying attention != spying

    Governments have throughout history been a terrible danger to the people subjected to the governments. That is why a set British Colonists decided to rebel against their government and form the US some time ago. That is why they created a constitution designed to limit government power.

    So yes, you conflating "paying attention" with violating privacy and violating constitutional principals to which our government is supposed to be subservient, is dangerous, self-destructive, and the height of unpatriotic behavior.

    --
    What changed under Obama? Nothing Good
  35. Re:Wow! by ppanon · · Score: 2, Insightful

    Well, the GP did actually say that as a result of Obama picking Biden (who has strong *AA ties) for VP, that there are a number of ex-*AA lawyers appointed to the Justice Department. So he did try to establish a line of responsibility

    In fact, the transition committee, which was composed of a number of Democratic party old guard, probably said "who can we get for these Justice positions?" and Biden could have thrown the names of some people he knew in the hat. Obama is said to have personally approved at least the cabinet level candidates once vetted by the search committee. In practice, the vetting process sucked and the *AA background of those people may not have been on the fact sheet that would have shown up in front of Obama. The ones that weren't picked by that committee would have been picked by Holder. At some point though, the President has to delegate or nothing gets done, and that means that things get out of his direct control. He can't stay on top of what's happening in the US government like he did with his campaign

    Now if some more SNAFUs like this happen and Obama doesn't call people on the carpet for it, then I think there will be some reason to blame him, but I think it's a little early to do that. Let's face it, with the crap he's got on his plate right now, this is small potatoes that he just doesn't have time for. Now if something like this happens again in a year, I'd be more interested in seeing if he puts a few Justice heads on the chopping block.

    --
    Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
  36. What if it was google instead? by Danathar · · Score: 2, Interesting

    How would the FBI approach this if my data was in some amorphous cloud like google? (technically and legally). Just thinking out loud...

  37. Did a Judge sign this warrant(s)? by vic-traill · · Score: 4, Insightful

    IANAL, and I'm not familiar with what it takes to get a warrant such as this. This being /., that shouldn't slow me down a wit here. :) Didn't a Judge have to sign this?

    If yes, then it is the Judge who really needs to have a hard long look cast in their direction. Law enforcement agencies are *always* going to apply a warrant as broadly as possible. They want to turn the case from red to black - it's the same thing as account managers making their number, whereby a lot of them will sell *any* service, regardless of whether you can actually support what they're proposing, as long as they can argue they hit their number.

    The Judge should be the check/balance in the process, and force for a narrowing of the warrant's scope to a reasonable point, which allows the FBI to gather the evidence required (I mean, most of us want the bad guys to get caught, right?), while ensuring that other companies are not unreasonably hosed by the warrant. Being hosed means losing all your gear and service delivery facilities when the evidence used to get the warrant in the first place in *no* way implicates your company.

    It doesn't take much grey matter or thought for a Judge to figure out that a finer granularity of shutdown than the main power supply switch for the building or data centre floors does indeed exist.

    The Judge is a jerk-off, based on current facts and my wildly speculative opinions and lack of experience.

    --
    [17] Leary, T., White, C., Wood, P. R., Bhabha, W. D., and Wirth, N. Lambda calculus considered harmful. In Proceedings
    1. Re:Did a Judge sign this warrant(s)? by tftp · · Score: 2, Insightful

      The Judge may have been misled:

      Dear Judge,

      We, the FBI, uncovered several solid clues that company X is involved in a certain computer crime. Several listings of our intercepts are provided for your review, all printed in octal code for your convenience. We ask you to allow us to perform search of premises of company X and to seize the computer equipment present, for our crime labs to work upon and determine if further proceedings are required.

      Signed, [...]

  38. What if this WAS a valid search? by BitZtream · · Score: 2, Interesting

    Every post I've read so far assumes this wasn't a valid search.

    What if it was?

    The didn't take an entire data center, they took an entire customer out of a datacenter. That customer was coreip. coreip resells rackspace. coreip only has 50 machines. This puts things in perspective to me.

    Perhaps the FBI is aware of some illegal operation that Core IP was fronting for? Perhaps most of Core IP's customers were dummy customers. Could be a spam network. Could be a bunch of malware hosts or something silly. If they think that Core IP is just a front and only a limited number of the customers are legitimate customers then it is a whole lot easier to take everything then wait for the couple of real customers to call you so you can confirm they are a real business.

    I'm just throwing it out there, not that I really know anything. No one really does at this point so my theory seems just as likely as anyone elses.

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    1. Re:What if this WAS a valid search? by Weedhopper · · Score: 2, Interesting

      The didn't take an entire data center, they took an entire customer out of a datacenter. That customer was coreip. coreip resells rackspace. coreip only has 50 machines. This puts things in perspective to me.

      Exactly. Despite /.'s kneejerk reaction that the FBI is in the wrong on this one, no one here knows for sure what was on the warrant and why.

      Reading between the lines, Core IP's machines were seized because Core IP itself is the target of the investigation.

      Under what circumstances do you send 15 police cars and a SWAT presence to the home of the CEO of a IT firm?

      My guess, something fishy's going on at Core IP.

  39. Steve Jackson Games Precedent by Johnny+Mnemonic · · Score: 4, Insightful

    Well, my memory goes back to this: SJ Games vs. the Secret Service, which happened in 1990. So your memory must be longer than mine to recall a time when such things didn't happen.

    Btw, what was the outcome of that? Oh yeah:

    The judge gave the Secret Service a tongue-lashing and ruled for SJ Games on two out of the three counts, and awarded over $50,000 in damages, plus over $250,000 in attorney's fees.
    and
    the creation of the Electronic Frontier Foundation.

    And that all occurred after a raid on a pretty small company. Imagine what will happen this time. Provided that the colo provider can survive the loss of it's tenants.

    --

    --
    $tar -xvf .sig.tar
  40. Can you say "fourth amendment violation"? by jcr · · Score: 5, Insightful

    Mr. Lynd would not tell me why he raided our datacenter or what he was looking for.

    Let's see... Where was that? Oh yes;

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    Agent Lynd needs a remedial reading lesson. It's not merely illegal, it's unconstitutional to search without a warrant, and the warrant has to say what they're looking for.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  41. Sue FBI, Federal government by unity100 · · Score: 2, Insightful

    blanket confiscating servers is an incompetency fbi has to account for. if they do not know that a datacenter houses countless corporations' gear, they have to pay for it.