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TJX Hacker Claims US Authorized His Crimes
doperative writes "Convicted hacker Albert Gonzalez is asking a federal judge to throw out his earlier guilty pleas and lift his record-breaking 20-year prison sentence, on allegations that the government authorized his years-long crime spree. From the article: 'The government has acknowledged that Gonzalez was a key undercover Secret Service informant at the time of the breaches. Now, in a March 24 habeas corpus petition filed in the US District Court in Massachusetts, Gonzalez asserts that the Secret Service authorized him to commit the crimes. “I still believe that I was acting on behalf of the United States Secret Service and that I was authorized and directed to engage in the conduct I committed as part of my assignment to gather intelligence and seek out international cyber criminals,” he wrote. “I now know and understand that I have been used as a scapegoat to cover someone’s mistakes.”'"
It's illegal if the gov't does it too. They can't "authorized" illegal activity, and "following orders" is not a legal defense.
"National Security is the chief cause of national insecurity." - Celine's First Law
After seeing the agent in charge of Gonzalez, now I'm thinking there might be some truth...out there.
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Sorry, but this sounds really implausible to me. I'd need to see some solid proof before Id' accept this. For one, I can't see what the Secret Service would hope to gain. I mean if they need records for credit card transactions at stores they've got a far easier way to get them: Just subpoena the CC processors. They can have whoever the stores use (companies like Paymentech or the like) hand over all the records. Not only is that legal, but it is also much more covert since the companies themselves are not compromised.
This would be how investigations work. They just get a court order for the people who have the info to hand it over, they don't hire some random guy to try and hack your shit. They get a subpoena or a warrant (depending on what they need, in some cases they might want to monitor traffic live for that they'd have a wiretap warrant) and they go to the people with the info. It's legal, maintains the chain of evidence, and gets much more guaranteed results than hacking.
Also I find it hard to believe that if he really was working under orders from the SS that he wouldn't have told his lawyers and they wouldn't have done something. In my experience federal public defenders aren't morons. It is a good job, they can get good people. I can't imagine if he had opened up with "Guys I didn't think I was doing anything wrong! The Secret Service told me to do this!" they wouldn't have investigated that.
To me, sounds like something he invented in a way to try and get out of jail. I'm not saying it is impossible, but I find it rather beyond credibility.
Essentially saying his attorney F'd up. The attorney has a right to defend himself against false charges of malpractice. Otherwise, every single criminal defense attorney who lost a case could be sued with no defense. I think the theory here is, lawyers have a duty of confidentiality about what they are told, but no such duty about what they weren't told, and no duty to further propagate lies clients tell them. On the contrary, there is a crime-fraud exception to the attorney-client privilege.
IAALBNYLSDROTALA (I Am A Lawyer But Not Your Lawyer So Don't Rely On This As Legal Advice).
Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you
Having had... friends... involved in similar situations, I can attest to the case that if this guy worked for the Government, and was a scapegoat, they basically set him up for failure.
If he succeeded and was able to hide his tracks of hacking, the Government got their information and won.
If he failed and was unable to hide his tracks of hacking, the Government got partial information and won.
If the guy failed gloriously, the Government got what information they could, and have an instant scapegoat. Just add press. And won.
Win win for the government, and they can say at any time plausible deniability.
The friend in question I had was an excellent hacker. He hacked into banks for shits and giggles, went into government systems like a person would skip in the park. One day, he screwed up, the government found out, the guy disappeared. No jail time, no newspaper/press of him hacking. And all his college entrance and time spent at college disappeared as well. For all intents and purposes the guy never went to college, and I'll be surprised if there was anything other than a clean-record of the guy other than being born, his SS#, and place of residence. White-washed history for government signed-on hacker. And because of the dirt the government now had on this guy, he became Uncle Sam's bitch.
How the good ol' government gets these people to accept said positions of scapegoatness is fairly simple.
They find dirt on someone exceptionally good at computer espionage, or if they can't find legit dirt, they create some and seed it throughout the gold ol' internet and stack false records against them, at least in such a way to make it... difficult... for the target individual to live a decent life without cow-towing to the government officials.
Said person signs documentation that makes them 'legally' work for said government that is their 'get out of jail free' card. Except, the documentation doesn't really exist unless it is in the best interests of the government. Ergo, they have the hacker by the balls. The hacker continues to do a good job, and can cover their tracks enough to not point a finger at the government in -any way- or can hide their existance in such a way to be not backtraced, any and all possible ability to nail the guy goes up in smoke. All logs, all reports, disappear. If they can point their finger in anyway at either the hacker or the government, the 'get out of jail free' card becomes toilet paper and the guy's head goes to the block as the scapegoat.
May sound like bullshit, but as I've seen this shit first hand, it's not a pleasant experience.
It's not paranoia when they really are out to get you.
Just food for thought.
Kick out the JAMS!
Paranoia is a Survival Trait!
don't do the crime.
You got busted, you stoled people identities and ruined credit. ain't no one going to believe you, or be on your side. If you were smart, you would of kept records of your involvement with the government, so when the shit did hit the fan, like it was going to, then you got your ass covered. You didn't.
Sleep with your back to the wall.
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