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Ulbricht Admits Seized Bitcoins Are His and Wants Them Back

An anonymous reader writes with the latest news about the aftermath of the Silk Road shutdown "From the article: 'Ulbricht ... said in a notarised December 11 statement that he believes the virtual currency should be returned to him because Bitcoins are "not subject to seizure" by federal law. Ulbricht, 29, now admits the Bitcoin fortune is his — even though he's previously denied any wrongdoing regarding Silk Road and claimed through his lawyer that the feds arrested the wrong guy.' So not only has he now confirmed his link to the site, and confirmed the money is his, but also means that a few precedents will be set. Is it seizable? Is it just 'copying data?'" Relatedly, three alleged moderators of Silk Road were indicted on Friday.

243 comments

  1. Yeah.... by P-niiice · · Score: 5, Funny

    I'm pretty sure I would have kept my mouth shut. The worst thing you can do is make it easier for the feds. But who knows, I've never been arrested on those charges and had a shitton of bitcoins seized.

    1. Re:Yeah.... by Anonymous Coward · · Score: 0

      The guy is a crackhead, what did you think he was going to do, something intelligent?

    2. Re:Yeah.... by ultranova · · Score: 1

      I'm pretty sure I would have kept my mouth shut. The worst thing you can do is make it easier for the feds.

      Maybe. Then again, Silk Road was very public, and served to demonstrate that most drug users are perfectly functional individuals (since you can hardly get your hands on Bitcoins if you aren't) as well as threatened to turn drug cartel wars into nerds throwing insults at each other over the Internet. Both of these would be bad for the public perception required for the War on Drugs to keep popular support, which in turn would harm efforts to further militarize the police and curtail the rights of people - and even more cynically, to keep them from exploring altered states of consciousness and whatever opportunities for personal growth they might offer.

      So it could well be that making it harder for feds to get a conviction resulted in rubber-hose decryption or threats of it.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    3. Re:Yeah.... by ClassicASP · · Score: 1

      They're probably not his, but he'll take 'em if nobody else is claiming them. Put yourself in his shoes. There's a shitton of bitcoins worth a lot of money and nobody is claiming them but everybody is pointing the finger at you. I'd be like "(puzzled) There's a shitton of money just sitting there? And everybody thinks that its mine? Hmmnnn.......why YES! Yes it probably is mine. Give me the money now please. Thank you very much!"

    4. Re:Yeah.... by tlhIngan · · Score: 1

      Maybe. Then again, Silk Road was very public, and served to demonstrate that most drug users are perfectly functional individuals (since you can hardly get your hands on Bitcoins if you aren't) as well as threatened to turn drug cartel wars into nerds throwing insults at each other over the Internet. Both of these would be bad for the public perception required for the War on Drugs to keep popular support, which in turn would harm efforts to further militarize the police and curtail the rights of people - and even more cynically, to keep them from exploring altered states of consciousness and whatever opportunities for personal growth they might offer.

      It's a very fine line though. Most drug users ARE high functioning and in VERY high places. I mean, your stockbroker is a good chance to be using, as would may other people on Wall Street.

      Imagine though, that it was revealed that the whole 2008 meltdown was caused by a few crackheads one day? Then what? War on Drugs is bad? The damn drugs caused me to lose my job!

      And yes, I meant people in high places - where their 6-figure salaries can keep a good habit going away from family and friends (who really do not know). I'm sure the public War on Drugs would be damaged once it's revealed that CEOs and executives are the biggest users.

      Yeah, I'm sure the public will be real sympathetic to the poor CEOs making millions a year in bonuses (which probably goes to pay for their drug habit, natch) when they get laid off.

    5. Re:Yeah.... by Anonymous Coward · · Score: 0

      No no no no!

      Speak! We need to know what the difference between data as BitCoin and data as MP3.

      God willing, we'll sort this out!

  2. Just copying data? by rvw · · Score: 1

    When one song is put online for illegal download, it's potentially worth $700k, still a lot more than one bitcoin, so I guess this is not "just copying".

    1. Re:Just copying data? by aliquis · · Score: 2

      So the government should pay for all potential copies of his money! ;D

    2. Re:Just copying data? by gizmo2199 · · Score: 1

      Speaking of bitcoin, Krugman said "Bitcoin... is by design, a kind of virtual gold. And like gold, it can be mined: you can create new bitcoins, but only by solving very complex mathematical problems that require both a lot of computing power and a lot of electricity to run the computers. Hence the location in Iceland, which has cheap electricity from hydropower and an abundance of cold air to cool those furiously churning machines. Even so, a lot of real resources are being used to create virtual objects with no clear use."
      In other words bitcoin mining is actually wasting electricity and adding to the carbon footprint, but not really adding value to anything. The object itself is entirely fictional and speculative. At least gold can be made into jewelry or used in electronics, what can you use bitcoin for, other than speculating on it's price?
      And what I find ironic is that 200 years ago, there was no Federal Reserve, and any bank could print their own money. Yet somehow people opted to use the currency backed by the US govt. So in a sense we are mining our way back to the 17th century.

      --
      This Sig does not Exist.
    3. Re: Just copying data? by Anonymous Coward · · Score: 0

      Yeah, and banknotes can be used to do what? Wipe some asses?

  3. Good luck with that... by Anonymous Coward · · Score: 0

    I think Megaupload and Co. are still waiting...

  4. Arrogance by anagama · · Score: 5, Insightful

    The foolish arrogance of geeks is sometimes astounding.

    --
    What changed under Obama? Nothing Good
    1. Re:Arrogance by gbjbaanb · · Score: 4, Interesting

      indeed.

      I say - give him his bitcoins back, with a wimpy apology. And then refuse to allow him access to computers whilst he's in prison because of the computer-network related offences he just admitted to.

      And then imprison him more for evading taxes on his bitcoin income.

    2. Re:Arrogance by Anonymous Coward · · Score: 0

      Agreed. Continually being told by parts of society that they are the smartest person in the room is backfiring.

    3. Re:Arrogance by onyxruby · · Score: 2

      That's the rub, in claiming them he has admitted a massive tax fraud that could put him behind bars in prison for just as many years. Since the bitcoins are a product of tax fraud they could be seized on that basis alone. They won't give the bitcoins back though, because he could turn them over to third parties and use them to do things like put out hits on witnesses - the thing that they shut down his operation for in the first place.

      Remember it was taxes that did Al Capone in, everything else he had a handle on, he just couldn't prove how he got his money through any means that was honest.

    4. Re:Arrogance by medv4380 · · Score: 1

      What do you expect when hubris is considered a virtue?

    5. Re:Arrogance by fnj · · Score: 1

      Remember it was taxes that did Al Capone in, everything else he had a handle on, he just couldn't prove how he got his money through any means that was honest.

      And do you think we all should have to prove that we got our money legally? Please consider carefully. If so, do you think we should have to prove we are innocent if charged with a crime? (Hint: our Common Law legal system says no)

      Actually, Al Capone wasn't convicted for failure to prove that his money was gotten legally. He was convicted for not paying income tax on his money, which he happened to have earned illegally. That's the whole point. The IRS does not require us to prove or even stipulate that all the money we earned was earned legally. They simply don't care. They just require us to tabulate it all.

    6. Re:Arrogance by onyxruby · · Score: 1

      The root of the issue goes back to he had income that he did not report. It was the lifestyle and assets he had which proved that he had income beyond his means. Without any conceivable legal means to use to show as proof to justify the lifestyle and assets he had he was nailed for the tax evasion charges. The point very much stands as I made it.

    7. Re:Arrogance by Princeofcups · · Score: 1

      The foolish arrogance of geeks is sometimes astounding.

      Aspergers sociopathic narcissists pretty much run the tech industry, so what's the issue?

      --
      The only thing worse than a Democrat is a Republican.
    8. Re:Arrogance by fnj · · Score: 1

      Actually you completely missed the point. It is not that he couldn't "prove" enough income. It is that he did not pay enough taxes for the level of income that was clearly there.

      Yes, it is a Catch 22. Pay the taxes, you have to document the income. Document it accurately and you are guilty of prohibition violation. Document it with phony sources and they will be disproved. Don't pay the taxes and you are guilty of tax evasion. And the REAL catch is that, yes, you could actually be sent to the hell of Alcatraz for that.

    9. Re:Arrogance by thegarbz · · Score: 1

      indeed.

      I say - give him his bitcoins back, with a wimpy apology. And then refuse to allow him access to computers whilst he's in prison because of the computer-network related offences he just admitted to.

      And then imprison him more for evading taxes on his bitcoin income.

      Don't be so black and white. Let's put some numbers on this. How long should he be in prison for?

      Currently his stash is valued at a hundreds of millions. How long would you go to jail for for $100m? How long before his stash is worthless?
      Should someone else be allowed to access his wallet on his behalf by proxy? That would allow him to liquidate and potentially retain his wealth for longer.

    10. Re:Arrogance by Anonymous Coward · · Score: 0

      Yup, that's what geeks are known for, foolish arrogance!

    11. Re:Arrogance by Anonymous Coward · · Score: 0

      Taxes is always prio one for any state run body, because they are dependent on taxes to survive... If you hurt someone - that's secondary, if you sexually assault someone that is secondary but if you threaten the states existance by not paying / evading taxes - then you're a direct threat to them and then you're prio one.

  5. Better proposal. by SuricouRaven · · Score: 1

    Give them all to me!

    In all seriousness, I imagine the bitcoins are currently in a state of limbo - if the government were to spend them it could legitimise the new currency, something that would make a lot of officials uncomfortable. Most likely the wallet will be retained until the case is done and whatever legally mantained retention of evidence is passed, then just deleted, effectively removing the coins from circulation forever.

    1. Re:Better proposal. by jythie · · Score: 2

      That does raise an interesting question.... seized assets are usually auctioned off, so what will become of this particular one? Are they even in a spendable form or is the wallet encrypted? If it is encrypted, can they force him to turn over they keys?

    2. Re:Better proposal. by rmdingler · · Score: 1

      If it is encrypted, can they force him to turn over they keys?

      Sure they can. Wash Post

      This time the interrogator will be, surprise, another cop!

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    3. Re:Better proposal. by jonbryce · · Score: 2

      Seized assets that are legal to hold are auctioned off, things like cars and houses. Seized assets that are not legal to hold, such as inventory of drugs, are destroyed.

    4. Re:Better proposal. by DaveV1.0 · · Score: 1

      Moneys are not auctioned off. They are converted into U.S. dollars and added to various budgets.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    5. Re:Better proposal. by SuricouRaven · · Score: 1

      Do bitcoins qualify as 'assets?' While economically things are worth whatever people will pay, politically even selling them for cash could be problematic.

    6. Re:Better proposal. by jonbryce · · Score: 2

      Yes they qualify as assets. They're certainly not liabilities.

      When the Feds bust a drug dealer, they might find an expensive car, and a large stash of heroin. They are certainly OK to auction the car, and certainly not OK to auction the heroin. Bitcoins falls in the middle somewhere. We don't know yet whether it is OK to auction them off.

    7. Re:Better proposal. by fulldecent · · Score: 1

      They are spendable. They were spent (transferred) to the FBI.

      --

      -- I was raised on the command line, bitch

    8. Re:Better proposal. by Desler · · Score: 1

      Of course they do.

    9. Re:Better proposal. by mlts · · Score: 1

      What I wonder about is if the Feds have just the wallet, or access to the coins inside? This is similar to having a PGP encrypted file, versus the file and its decryption key.

      With just the wallet, the coins are pretty much taken out of the BitCoin ecosystem. With the wallet + access to spend coins, the coins can be considered usable assets for auction or spending.

    10. Re:Better proposal. by necro81 · · Score: 1

      When the Feds bust a drug dealer, they might find an expensive car, and a large stash of heroin. They are certainly OK to auction the car, and certainly not OK to auction the heroin. Bitcoins falls in the middle somewhere. We don't know yet whether it is OK to auction them off.

      Heroin and other drugs have (street) value, and perhaps the government could get a pretty penny by selling them. The reason the government doesn't, moral issues aside, is because it's illegal to sell or even posses them, so there's no legal way to offload them. Letting them sit around in a storehouse forever is a liability, so they destroy them.

      There are some seized assets that are, more or less, legal to sell and possess, but cumbersome to do so. For instance, a stash of prescription drugs that someone was trafficking. Sure, the government could try to sell or auction them, but that raises all manner of thorny questions about traceability, purity, and running afoul of the FDA. Nope, it's easier (and ultimately cheaper) to just dispose of them. Bitcoin is much more clear cut; it is not illegal to possess or sell, and is easy to offload. It has value out on the open market, just like a bar of gold or that drug dealer's expensive car. I think that, after everything's been litigated, they'll sell the stuff off at market value.

    11. Re:Better proposal. by jonbryce · · Score: 1

      I agree that it is not illegal to possess bitcoin, however I am less certain that it is legal to sell them.

      For example, it is perfectly legal to possess a 401(k) pension plan, but unless you are appropriately authorised by the relevant authorities, you can't sell them. I suspect it is the same for bitcoins, except that it probably isn't possible to get the appropriate authorisations to sell them at the moment.

    12. Re:Better proposal. by jonbryce · · Score: 2

      For the bitcoins deposited by customers on the Silk Road website, they have access to the coins inside, and they transferred them to their own wallet. For DPR's personal stash of bitcoins, they only have access to the wallet.

    13. Re:Better proposal. by mlts · · Score: 1

      Thank you for the clarification.

      This poses an interesting item, and it might be something worth noting. Always have a backup of one's wallet, preferably in multiple places. This way, a loss of a machine doesn't mean the coins are lost forever to the aether.

    14. Re:Better proposal. by Dr_Barnowl · · Score: 1

      They are not a thing - you can't sell them. You are effectively selling a service - signing a particular transaction record with a cryptographic key. If this is an illegal service, then being a notary public is probably illegal too.

    15. Re:Better proposal. by DerekLyons · · Score: 1

      I imagine the bitcoins are currently in a state of limbo - if the government were to spend them it could legitimise the new currency, something that would make a lot of officials uncomfortable.

      That's the belief of the tinfoil hat types - however said belief runs completely contrary to law and reality.
       
      I've said it before, and I'll say it again: It is not illegal to deal in alternative currencies in the US. The Feds don't care if you deal in dollars, Euros, or jars of frozen hamster poop so long as your books are convertible to dollar values and you pay the appropriate taxes in dollars.

      The rules and regulations surrounding alternative currency are bone simple. There's dozens of alternative currencies in circulation around the country, and nobody gives a damn - until someone is stupid enough to violate one of the rules.

    16. Re:Better proposal. by jonbryce · · Score: 1

      If you don't have the appropriate licence, then yes, being a notary public is illegal.

    17. Re:Better proposal. by SuricouRaven · · Score: 1

      I imagine that was done in case he'd left a copy of the wallet with another contact, along with instructions: 'If I'm caught, take the money to pay for my defense.' Or possibly 'If I'm caught, take the money and use it to start a successor site.'

    18. Re:Better proposal. by mysidia · · Score: 1

      They are certainly OK to auction the car, and certainly not OK to auction the heroin.

      OK. But what do the feds do with the $100,000 in cash found in the glove box? Where do the proceeds go? Executive bonuses for the chief?

    19. Re:Better proposal. by mysidia · · Score: 1

      They are not a thing - you can't sell them. You are effectively selling a service

      You really think, the government folks can't look through that, and recognize that in fact Bitcoins have become a thing, and you can "sell" Bitcoins.

      Your are effectively buying a service in that sense, every time you go to the grocery store and buy a 1 gallon jug of milk --- you are paying for the service of conferring to you an exclusive right to the specified 1 gallon jug of milk.

    20. Re:Better proposal. by mysidia · · Score: 1

      That may be.... But spend transactions are digitally signed.

      That means the Feds stole his personal credentials and FORGED his signature.

      The feds are allowed to command the seizure of property. Nothing entitles them to forge signatures, commit frauds, or other crimes, to complete their seizures; under any circumstances -- if they are physical assets, with a warrant they can go and take them: otherwise they need a properly executed order to the bank or other institution holding the assets...

      It's not permissible to forge an alleged fellon's signature on a bank check, for example; to deliver cash alleged to be connected with a crime.

    21. Re:Better proposal. by Anonymous Coward · · Score: 0

      [citation (badly) needed]

      Especially in the part where using someone's electronic credentials equals to forging a signature and fraud.

      If it was true, police wouldn't be able to search a password-protected device or login into an SSH, even if they had a warrant, the password was written on the underside of the keyboard and key file was available and unencrypted. It's my credentials, how dare you forge them!

      No, seriously, you were asked to substantiate your claims earlier, but you simply said "it's fraud!" without linking to any appropriate law or cases.

    22. Re:Better proposal. by SuricouRaven · · Score: 1

      I didn't say it was illegal. I said it would make officials uncomfortable. The main purpose of bitcoin has always been to subvert government control: It's resistant to regulation by design. Pseudo-anonymous, no validation of identity. No revokation of fraudulent transactions. No reporting requirements. The transactions are open records, but shuffling things around to hide things isn't difficult. No reporting requirements. Bitcoin isn't illegal, but it makes a lot of other illegal things a lot easier to hide. There's a reason the most famous bitcoin-using business was a site for drugs dealing.

    23. Re:Better proposal. by jonbryce · · Score: 1

      Same as what they do with the money they get from selling the car.

    24. Re:Better proposal. by DerekLyons · · Score: 1

      No reporting requirements.

      If you believe that, you're an idiot. Reporting requirements in the US aren't tied to the currency you're dealing with, they're tied to the fact that your dealing with currency or assets period. The Feds don't care if it's dollars, Bitcoins, or jars of frozen hamster poop. If you're buying it, selling it, or accepting it as payment, then the reporting requirements kick in. (And it really does appear to be that you're stupid enough to believe that, as you repeated it.)
       

      Bitcoin isn't illegal, but it makes a lot of other illegal things a lot easier to hide.

      And I bet you believe in the Tooth Fairy, Santa Claus, and the Easter Bunny too.
       

      There's a reason the most famous bitcoin-using business was a site for drugs dealing.

      Yes. Was. Think about that really hard for a minute.

    25. Re:Better proposal. by SuricouRaven · · Score: 1

      Was, because it took a very through investigation to work out who was running it. If Silk Road had been accepting money through Paypal or cheques, it'd have been a lot easier to trace.

      You misunderstood on the reporting requirements. I meant to say there there are no effective reporting requirements. You might be legally required to report things, but how is that going to be enforced? Banks haver certain laws to follow: If they see deposite of $10,000, or a series of deposits totaling $10,000, they have to report it to the government as suspicious activity demanding of an investigation. With bitcoin, you can be your own bank. Want to give someone a pile of money payment for illegal services or as a bribe? Done. Easily. No-one will notice. It's as easy as a briefcase full of cash, except that you don't have to worry about hideing it, and it doesn't take up a lot of space. Europe phased out their largest denominations precisely because the only people who wanted to deal in such huge quantities of cash were criminal enterprises.

      Remember that bitcoin was created as a libertarian idealist project. It's supposed to subvert regulation. That's the idea.

    26. Re:Better proposal. by fulldecent · · Score: 1

      I am pretty sure if your boss left his password on a post it on your desk and did not explicitly tell you to use it, and then you login as him using that password, that you would be liable under the Computer Fraud Act.

      --

      -- I was raised on the command line, bitch

  6. Argument? by jythie · · Score: 1

    So the piece describes it as an edgy argument, but what is his actual claim? Does anywhere go over why he believes BTC is not subject to seizure? Or is he just doing another variant of 'theft by government!' rant?

    1. Re:Argument? by DaveV1.0 · · Score: 0

      His basic argument is that BTC are not property because they are intangible, and thus no subject to seizure under federal law.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    2. Re:Argument? by Nidi62 · · Score: 1

      But the harddrive (or whatever storage medium he used) his wallet is stored on is tangible. They can hold it, and anything on it, as evidence until the case is tried, and probably much longer depending on appeals.

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    3. Re:Argument? by DaveV1.0 · · Score: 1

      Intangible property is still property, it is even taxed. So, his argument won't work.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    4. Re:Argument? by jythie · · Score: 1

      That was why I was curious if there was more to his argument. Simply saying 'they are intangible' is not even a longshot.

    5. Re:Argument? by Anonymous Coward · · Score: 0

      Nope, there really is nothing more to it. It is as vacuous as the *quote fingers* hilarious *quote fingers* arguments made by other nerds here about patenting suing over patents.

    6. Re:Argument? by jythie · · Score: 1

      Ah, so kinda like 'I will copyright the word "the" and sue everyone!', except the person is actually trying it in court. Yeah... real law and over the top literal interpretations of the law do not match up all that well...

    7. Re:Argument? by Anonymous Coward · · Score: 0

      Nope, there really is nothing more to it. It is as vacuous as the *quote fingers* hilarious *quote fingers* arguments made by other nerds here about patenting suing over patents.

      I would have said something common, like rounded corners...

    8. Re:Argument? by TheCarp · · Score: 4, Interesting

      Ahhhh! However the hard drive is also evidence against him in a criminal trial. This means the contents should be available to him as a matter of discovery. If he has to answer for the contents of the drive, he needs to be able to have the same data they do to defend himself.

      I lived with someone who did computer forensics for the defense at a trial. He had to install a lock on the office door for that, and he had many binders of reports. He also was provided images of all computers that were seized. Full images. (complete with malware!)

      Its an interesting argument. The wallets are just data; data being used as evidence against him. They are not the bitcoins themselves. I would be surprised if there is any real direct precedent for this. The very files he needs and should be entitled to for the purpose of his defence, also necessarily give him control over the bitcoins....there is no separation between the two.

      It will be interesting to see how these arguments go. It may in fact be that bitcoins perform an end run around existing federal law. It certainly will make me laugh if this works.

      --
      "I opened my eyes, and everything went dark again"
    9. Re:Argument? by mlts · · Score: 1

      There are people who have tried very similar arguments when the RIAA/BSA/MPAA came a-knocking and lost that case overwhelmingly in civil court.

    10. Re:Argument? by Nidi62 · · Score: 1

      Ahhhh! However the hard drive is also evidence against him in a criminal trial. This means the contents should be available to him as a matter of discovery. If he has to answer for the contents of the drive, he needs to be able to have the same data they do to defend himself.

      But then, if he is given access to the contents and sells or trades some of the bitcoins, that would be considered destruction of evidence. So even if he is given access to them, he cannot use them.

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    11. Re:Argument? by TheCarp · · Score: 1

      How is it destruction of evidence? The evidence is all still there. Maybe, but I don't think they have to resort to that; of course IANAL; I see no reason they couldn't order him not to transfer bitcoins from those addresses, which would put him in violation of an order if he did it.

      Can't imagine why the court wouldn't order that, which may be why he is trying to specifically argue up front that they can't be seized.

      --
      "I opened my eyes, and everything went dark again"
    12. Re:Argument? by QilessQi · · Score: 1

      Well, intellectual property is also intangible in a sense, and the courts dispute who has a right to a particular piece of IP all the time.

    13. Re:Argument? by Anonymous Coward · · Score: 0

      They aren't required to give him the original drive for discovery. At best he will get a read-only copy because they have to make sure both the defense and prosecution are working from the exact same drive and don't alter anything, whether on purpose or inadvertently The original has to be kept unaltered, so they won't give it to anyone and even when they make copies the original drives will be write-protected to prevent alteration.

      I presume no Bitcoin transactions can take place if the local wallet can't perform write operations on the drive to transfer Bitcoins either in or out.

      Regardless, he is probably currently ordered by the court not to use the confiscated Bitcoins even if he had the capability through backups or some other means.

    14. Re:Argument? by mysidia · · Score: 1

      The very files he needs and should be entitled to for the purpose of his defence, also necessarily give him control over the bitcoins....there is no separation between the two.

      Those files would probably be readily subject to an order providing that only the defense legal counsel can review them, until the case is concluded, they would not be allowed to use or disclose the full content of the files or any of the private keys to the defendant or any third party.

      The defense has a right to inspect that data --- in many cases, it may be sealed from the public eye, and even from the defendant himself or herself

    15. Re:Argument? by TheCarp · · Score: 1

      > I presume no Bitcoin transactions can take place if the local wallet can't perform write operations
      > on the drive to transfer Bitcoins either in or out.

      All you need to be able to do is generate a valid transaction and sign it. Whether you can update the local wallet is not relevant. Actually some of the more secure setups use two wallets; an online one which has no private keys, and an offline one which has them.

      In those, the online wallet is used to keep state, and generate valid transactions; which are then taken to the offline system and then signed; then back to the online and transmitted.

      In short, bitcoins are not a thing stored in a wallet, they are units of value in a distributed ledger. The wallet just contains the keys that are needed to add new lines to the ledger. In a very real way there is no such thing as a bitcoin. It would be like, if every dollar bill was burned but dollars as a unit continued to exist in bank accounts.

      You can transfer them too and fro, you can talk about owning them, but you can't actually point to a specific thing, either virtual or real, that is a dollar....its just an arbitrary unit that obeys specific rules for how entries get updated inside a database.

      > Regardless, he is probably currently ordered by the court not to use the confiscated Bitcoins
      > even if he had the capability through backups or some other means.

      This is very true, and as others have pointed out, the FBI already transfered the bitcoins to a new account. So all his private keys are worthless. He has to win at the "can't be seized" game.

      I would love to see him win at it, especially since my position has always been that enforcement of drug laws is a crime against humanity.... I doubt it works out; but I would love to see it.

      --
      "I opened my eyes, and everything went dark again"
    16. Re:Argument? by rdnetto · · Score: 1

      It doesn't matter if they give him his wallets - they've already emptied them into a new one. The original wallet files will let him access his now empty wallets, but not the bitcoin that were once in them.

      --
      Most human behaviour can be explained in terms of identity.
  7. The master owns everything, including your *LIFE* by Taco+Cowboy · · Score: 0, Flamebait

    ... he believes the virtual currency should be returned to him because Bitcoins are "not subject to seizure" by federal law.

    See the bolded part ?

    That Ulbricht still doesn't get it, does him ?

    The master, aka the government, obeys NO law.

    If they can ignore the highest law of the land, the Constitution just like that, what makes you think that they will follow mere "federal laws" ?

    And they not only can seize your bitcoin, they can also take away your *LIFE*, if they want to.

    Before you guys telling me that the government doesn't have the right to kill you, please look back to the incident that took place in Waco, Texas, USA, back in 1993.

    They burn children to death.

    Yes, *CHILDREN* and till today, 20 years later, *NOBODY WAS PUNISHED* for the death of those children, all of whom happened to be American Citizens.

    --
    Muchas Gracias, Señor Edward Snowden !
  8. Seize by Anonymous Coward · · Score: 1

    So, what does seizing mean in this context? The only thing needed is a private key. He doesn't have it and the feds do? I assume that's the case since he wants it back, right? In that case I must say it was an extremely poorly managed fortune.

    Is there some other interpretation?

    1. Re:Seize by Zeinfeld · · Score: 2

      I suspect the bitcoins in question were 'live' on the servers during the raid.

      Running a marketplace means that the servers have to be able to move money about. So the servers have to have access to keys for spending to perform some operations. So the keys have to be accessible to the machine just like pretty much every web server with SSL has a private key that is effectively unencrypted. Sure it might be encrypted under a password but the password is no the same machine.

      If he has $30m on the live systems I suspect he had even more stashed away offline. Begging for his money back is probably more of a ploy to try to throw the investigators off the chase for the rest of his cash.

      The problem he is gonna have is that he is facing a 20-40 year jail term without parole. So the chance that he will be able to actually cash out his wallets before the bitcoin bubble bursts is essentially zero.

      The fed have been shutting these schemes down continuously. Bitcoin is merely the latest incarnation of the old 'gold backed currency' that has been running for 15 years. The feds let them run for three years on average before they shut them down.

      And before folk explain why bitcoin is different, all the previous schemes claimed to be different as well. And they all claimed to be beyond the reach of the law.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    2. Re:Seize by SuricouRaven · · Score: 2

      Shutting them down could be a bit trickier in this case - there's no one person or organisation to convict. Only thing they could do is find something to charge businesses that accept them with, and push it underground where it is comparatively ineffectual and not good for much more than a hobby.

  9. Wow, another bitcoin thread by Anonymous Coward · · Score: 0

    It's been what - a few hours since the last one? How about some Duck Dynasty or Kim K threads, we can't get enough of them either...

    1. Re:Wow, another bitcoin thread by Anonymous Coward · · Score: 0

      You forgot Snowden/NSA. And there's actually even a tiny scrap of "news" on that: he recently did an interview. (Stay tuned, same Bat channel. Or just go straight to http://www.cnn.com/2013/12/24/us/edward-snowden-interview/index.html?hpt=hp_t1)

    2. Re:Wow, another bitcoin thread by Anonymous Coward · · Score: 0

      Looks like Hugh Pickens has done the deed: http://yro.slashdot.org/story/13/12/24/149210/snowden-says-his-mission-is-accomplished. Must be time for another bitcoin article now.

  10. Unequal treatment by zoffdino · · Score: 1

    I find it funny that downloading a song mean $22,000 fine. That software are only "licensed", not sold to you so you can't do everything you want to with. That importing books you legally acquired from a different country is a violation of copyright, and needs the Supreme Court to clarify that it's not. Meanwhile, the police can reason that seizing $700K in Bitcoins is just copying a file.

    I don't know what Ulbricht's connection to Silk Road is, but the Crown must be prove that this asset is acquired through illegal activities to seize it.

    1. Re:Unequal treatment by Anonymous Coward · · Score: 0

      I don't think it's funny that the nation with the worlds most powerful military has a corrupt government. Not at all. But I hope that it falls somehow.

    2. Re:Unequal treatment by anagama · · Score: 5, Insightful

      There is no crown. In the US, the Feds seize first, worry about proof later. Civil forfeiture is big business, "policing for profit":

      http://www.ij.org/policing-for-profit-the-abuse-of-civil-asset-forfeiture-4

      Americans are supposed to be innocent until proven guilty, but civil forfeiture turns that principle on its head. With civil forfeiture, your property is guilty until you prove it innocent.

      --
      What changed under Obama? Nothing Good
    3. Re:Unequal treatment by Zeinfeld · · Score: 1

      You clearly don't understand the US civil forfeiture laws then. Yes they can and yes they do.

      There are certainly corrupt uses of the civil forfeiture laws but this is not one of them. The coins were seized from a rig operating a market for illegal drugs.

      There are cases where the cops have performed seizures on no evidence at all and no indictment.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    4. Re:Unequal treatment by Anonymous Coward · · Score: 0

      What exactly is funny? Sharing songs you don't hold copyright to is not legal according to statutory law. Police seizing evidence during an investigation is legal.

      I don't know what Ulbricht's connection to Silk Road is, but the Crown must be prove that this asset is acquired through illegal activities to seize it.

      Haven't been keeping up with the last century of case law have you?

    5. Re:Unequal treatment by geekoid · · Score: 1

      I find it funny that you seem to think all those things are the same.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    6. Re:Unequal treatment by Vitriol+Angst · · Score: 1

      Yeah, that's the way I've seen these civil forfeiture laws as well.

      If you don't have money -- it's really hard living in the "home of the free."

      So by taking all of someone's stuff, the justice system is denying them justice and power before proving them guilty. Loss of liberty is accomplished by putting someone in prison -- or just taking all their stuff.

      --
      >>"ad space available -- low rates!!!"
    7. Re:Unequal treatment by mbone · · Score: 1

      There is no crown. In the US, the Feds seize first, worry about proof later. Civil forfeiture is big business, "policing for profit":

      http://www.ij.org/policing-for-profit-the-abuse-of-civil-asset-forfeiture-4

      Americans are supposed to be innocent until proven guilty, but civil forfeiture turns that principle on its head. With civil forfeiture, your property is guilty until you prove it innocent.

      Yes, letting the police keep the proceeds of civil forfeiture is an obvious moral hazard, which has lead to predictably bad results. It is hard to overstate how vile that can be in practice, and I personally think that there are police that should go to jail over it.

      On the other hand, we got rid of the crown a long time ago, we are citizens, not subjects (thank God), and we didn't even have to guillotine anyone to do it. (Yet.)

  11. Shirley, Dread has a Brobdingnagian Defense Fund by rmdingler · · Score: 1
    While I'd like to argue this could be a legal tactic suggested by a sentient attorney, your comment smacks of truth.

    There is a better probability my brother-in-law will leave Jennifer Anniston beneath the Christmas tree for me tomorrow than the Feds returning this seizure.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

  12. Re:The master owns everything, including your *LIF by DaveV1.0 · · Score: 3, Insightful

    he believes the virtual currency should be returned to him because Bitcoins are "not subject to seizure" by federal law.

    See the bolded part?
    Both you and Ulbricht don't get it. What you believe has no bearing on reality.

    Ulbricht isn't claiming that the government violated the constitution. He is claiming Bitcoins aren't property and thus can't be seized under federal law. That is for a judge to decide, but lawyers don't think he will prevail because intangible property is still property and federal law allows for the seizure property that are the products, or purchased with the products, of federal criminal acts.

    Unless you were at Waco, you don't know what happened at Waco.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  13. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 3, Insightful

    I can bold random words too. It makes my stuff much more important.

    There is no federal law that makes it illegal to seize bitcoins. It is an asset just like any other. The fact that it is electronic has nothing to do with it at all

  14. Good luck with that arguement. by Nyder · · Score: 1

    Seeing as you are going to have to prove how you got that much money worth of bitcoins, without tying your self to the criminal activity that went on thru Silk Road.

    I don't see him getting his bitcoins back, but I guess if he figures he's probably going to jail for Silk Road, there isn't any harm in trying to get his bitcoins back.

    --
    Be seeing you...
    1. Re:Good luck with that arguement. by Anonymous Coward · · Score: 0

      I can see him maybe getting off by claiming Silk Road is just a brokerage house. Remember, what he was arrested for is not running Silk Road, but for engaging in other nefarious things.

  15. (New) Mount Carmel Center, if you will... by rmdingler · · Score: 2

    please look back to the incident that took place in Waco, Texas, USA, back in 1993.

    They burn children to death.

    As the folks from Waco never tire of telling you, it really didn't happen there.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

    1. Re:(New) Mount Carmel Center, if you will... by Lumpy · · Score: 0

      It happened on the set they used to fake the moon landing then?

      Where does the Feds stage their disregard for the law?

      --
      Do not look at laser with remaining good eye.
    2. Re:(New) Mount Carmel Center, if you will... by BrokenHalo · · Score: 2

      There seems to be a rash of similar posts re Waco in other threads too, and I suspect that the failure to post as AC here was inadvertent. Having a low UID doesn't excuse being a troll.

  16. Re:Yeah.... Don't worry... by Bob_Who · · Score: 2

    He'll virtually be sentenced to bit-jail.

  17. Re:The master owns everything, including your *LIF by Lumpy · · Score: 1

    The Government can do what it pleases. The Law does not apply to the police, FBI, Feds, etc...
    He has ZERO chance of getting anything back.

    I know people that had servers illegally seized in a data center raid, they were scooped up with everything else, they did not get anything back bot a box of parts that were not even theirs.

    --
    Do not look at laser with remaining good eye.
  18. Re:The master owns everything, including your *LIF by Noryungi · · Score: 5, Insightful

    Yeah, let's tone down the hysteria a notch now, shall we?

    Mr Ulbricht admitted to committing a crime, by facilitating the buying and selling of drugs on the Internet. Wrong move, but let us set this aside for a moment.

    Bitcoins can be considered (and, indeed, are presented everywhere) as a currency. Hence, they can be considered as an ill-gotten gain.

    While I am not a lawyer, I am pretty much certain that every country under the sun has got a law in its books that says, essentially: "Thou shall not profit from illegal activities" or some such.

    This is prefectly constitutional, it respects the 4th amendment of the Constitution of the USA, and I am pretty sure it has been challenged many times in front of the Supreme Court, and upheld every time.

    Since Bitcoin is a currency, and that said currency has been obtained from an illegal activity, it represents a profit from an illegal activity, and, therefore, can be and should be seized by the Federal Bureau of Investigations, a branch of the Department of Justice of the Government of the United States of America. The same thing would happen if, say, he had been paid in Euros or Yens (or any other currency, really) instead of Bitcoins.

    If Mr Ulbricht is cleared of all charges - good luck with that since he pretty much admitted committing or facilitating an illegal activity - then, of course, the Bitcoins he has stashed should be returned to him by the FBI, probably with a little note attached saying: "Sorry! Here is your crypto currency" (again, good luck with that).

    Should drug selling and buying be considered legal? Why not, you may have some arguments for the legalisation of drugs (See: Marijuana, legal use of), but, in the mean-time, it remains an illegal activity.

    Hence, I believe Mr Ulbricht (a) will never see ''his'' Bitcoins again, (b) is about to learn a thing or two about the US legal process and (c) spend quite a number of years in a Federal Correctional Facility (or Prison). Whis is as it should be, since the guy comes off as a complete amateur.

    And, while I agree that the ATF has badly bungled the whole Waco fiasco, I have zero compassion for religious nuts.

    --
    The right to offend is far more important than the right not to be offended. (Rowan Atkinson)
  19. Re:The master owns everything, including your *LIF by Bob_Who · · Score: 4, Funny

    Unless you were at Waco, you don't know what happened at Waco.

    You mean what happens in Waco stays in Waco?

  20. Can someone explain it using small words? by Anonymous Coward · · Score: 1

    Why doesn't he have a copy of his "wallet" in a safe place, for just such, I say, for just such an eventuality? Since he's the only one with the key.

  21. In the end the courts will rule the seized bitcoin by Anonymous Coward · · Score: 0

    If there is value in the property the Government always claims it under proceeds of crime legislation.

  22. Sure, let's give it back to him by Arancaytar · · Score: 1

    It's not as if he'd use it for anything bad like having people killed or anything. He's never done that before.

  23. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 1

    He has ZERO chance of getting anything back.

    Yes, because his argument is crap and has no actual case/statutory law to back it up. He simply thinks he's going to "baffle" the "normy" judge with his arrogant nerd argument.

  24. Re:The master owns everything, including your *LIF by mrbester · · Score: 2, Informative

    Big assumption: BitCoin is a currency. If it is then it is confiscated as proceeds of illegal acts. If it isn't then it is an asset, just like converting dollars into works of art, shares, et alia and is *not* confiscated except as means of paying fines. They can't have it both ways.

    That BitCoin is "presented" as a currency is immaterial (pun intended) as it can also be "presented" as barter.

    --
    "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
  25. Re:The master owns everything, including your *LIF by kelemvor4 · · Score: 1

    I can bold random words too. It makes my stuff much more important.

    There is no federal law that makes it illegal to seize bitcoins. It is an asset just like any other. The fact that it is electronic has nothing to do with it at all

    To people who don't want their assets seized it does. On the other hand, some people enjoy a seized asset.

  26. If SilkRoads was by Anonymous Coward · · Score: 1

    acting in the manner of a traditional marketplace such as a flea market where the owner of the flea market does not know what the merchants are selling, can the owner of the flea market be charged with criminal activity in the event someone sells marijuana?

  27. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    Should drug selling and buying be considered legal? Why not, you may have some arguments for the legalisation of drugs (See: Marijuana, legal use of), but, in the mean-time, it remains an illegal activity.

    Hence, I believe Mr Ulbricht (a) will never see ''his'' Bitcoins again, (b) is about to learn a thing or two about the US legal process and (c) spend quite a number of years in a Federal Correctional Facility (or Prison). Whis is as it should be, since the guy comes off as a complete amateur.

    You had a point at the first bolded part, but then you had to go and ruin it with the second. "He deserves what will happen to him because he is an amateur." That's almost like saying we should find someone guilty of something that is not a crime, just because that person is scum.

  28. crown royals terrified of alternative currency by Anonymous Coward · · Score: 0

    happy hollow days (or worse) is their wish for us unchosen brother & mother uns. free the innocent stem cells to compliment healthcare.love

  29. Still an idiot by onyxruby · · Score: 4, Interesting

    My opinion that the less than Dread Pirate Roberts is a massive idiot has now been reinforced in a way I never would have imagined. The demand is tantamount to the drug lord demanding the feds return the hundred million dollars that could only have come from selling 100 kilos of cocaine many times over.

    He hasn't got any possible legal pretense to justifying having the money and all it's going to do is prove his guilt. This idiot ought to look at the cartels and organized crime worldwide where they pointedly have this process called laundering money so that they can have at least have a pretense of legitimacy for their claims. No jury in the world is going to buy that this guy made tens of millions of dollars day trading bitcoin without a paper trail.

    I haven't seen a single thing about the silk road operation that did anything other than prove the man was an idiot from inception through the present day. Why the hell are people defending this guy, just because he ran a trading site for drugs? The people who were deluded into thinking they were safe on silk road are being arrested, the intelligence gained was an incredible coup and likely the only reason it lasted as long as it did until the guy started trying to trade bitcoins for murder.

    If you want to defend legalizing drugs, than make your argument for that, but don't defend one of the biggest idiots the Internet has ever seen.

    1. Re:Still an idiot by geekoid · · Score: 3, Insightful

      "The demand is tantamount to the drug lord demanding the feds return the hundred million dollars that could only have come from selling 100 kilos of cocaine many times over."
      no, there are many ways to make money. The feds need to prove the money came from selling drugs on the black market.

      "He hasn't got any possible legal pretense to justifying having the money"
      how do you know? Maybe he made it selling bitcoin high and buying them low.

      "No jury in the world is going to buy that this guy made tens of millions of dollars day trading bitcoin without a paper trail."
      Unless they have evidence he was doing something illegal, then it shouldn't even be in court.

      My post in no way endorses whether or not any crime was committed, only pointing out for a legal prospective you seem to be full of shit.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Still an idiot by onyxruby · · Score: 4, Interesting

      Your an idiot without any idea of how the law works. So let me point you in the right direction with some links that didn't come from wikipedia.

      http://www.law.cornell.edu/wex/forfeiture
      http://www.mackinac.org/1274
      http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/april-2012/money-laundering-and-asset-forfeiture
      http://www.fbi.gov/about-us/investigate/white_collar/asset-forfeiture
      http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=19&cad=rja&ved=0CHcQFjAIOAo&url=http%3A%2F%2Fwww.drugpolicy.org%2FdocUploads%2FAsset_Forfeiture_Briefing.pdf&ei=y6e5UofjNeGqyAGxxoHABQ&usg=AFQjCNH69cfy5T2Ayp8TL9L38XZJ4VPCcw&sig2=g3-gNZLWLpcJMyhtBipLCg

      But hey, it's not like there isn't precedent going back centuries for doing this.

      http://online.wsj.com/news/articles/SB10001424053111903480904576512253265073870

      Even if he somehow could get out of the drug dealer and murder for hire charges he would still have the problem of proving how he legitimately got the money and why he didn't pay taxes on it. Penalties for failing to report tens of millions of dollars in income could easily put him in prison for a decades and would still result in the loss of the bitcoins because he can't prove any legitimate means why which he got them.

      He admitted an entirely new set of felonies around taxes just to try to claim the bitcoins back. Again, he is one of the biggest idiots that the Internet has ever known.

    3. Re:Still an idiot by Anonymous Coward · · Score: 0

      So isn't the police also profiting from the drug trade?! isn't the law also profiting?! Those narcs guys only have a job because drugs are illegal... Judges jave to judge cases related to drugs, attorneys have to defend/acuse people then there is rehab and stuff... there is an entire "legit" chain of commerce related to the fact that drugs are illegal and being sold... Arrest and sieze those assets ass well!

    4. Re:Still an idiot by GameboyRMH · · Score: 1

      I agree that he's an idiot, but maybe he's better off confessing guilt and going to court as a rich man than trying to maintain his innocence while poor? With access to those funds he can get an all-star team of lawyers and, worst case scenario, maybe a cell in one of those cushy white-collar jails.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    5. Re:Still an idiot by eek_the_kat · · Score: 1

      If you have millions of dollars that you cannot prove came from a legal source, the feds will get you one way or another. See Capone for an example.

    6. Re:Still an idiot by Troed · · Score: 1

      Even if he somehow could get out of the drug dealer and murder for hire charges he would still have the problem of proving how he legitimately got the money and why he didn't pay taxes on it. Penalties for failing to report tens of millions of dollars in income could easily put him in prison for a decades and would still result in the loss of the bitcoins because he can't prove any legitimate means why which he got them.

      I assume he will claim he mined them (which could very well be true - an early adopter could've easily mined that many - although it will be interesting to see how the argument will be countered with block chain analysis) and that they aren't taxable until the gain in value is realised (by selling them for dollar).

    7. Re:Still an idiot by onyxruby · · Score: 1

      If he mined them the block chain would provide that information in a heartbeat as it records it's entire history. If he has a pristine block chain than he could argue that they were mined and not from the proceeds of the crime.

      I think the odds of that are very low though for two reasons. The first is that he used a program to tumble all the bitcoins together to make tracking for law enforcement more difficult. The problem is that by doing this he knowingly put his bitcoins into a money laundering operation and for that alone he would lose them. It's like knowingly investing otherwise good money in a drug deal before the feds bust it up, your money is gone even if you had nothing to do with the deal itself.

      The second reason is that if they were indeed pristine from mining he would have immediately raised that to make a claim so that he could get access to them to help pay for his legal defense. He's facing decades in prison at best, if he could cut years off of that by using them to hire better legal counsel and experts he would in a heartbeat.

    8. Re:Still an idiot by fnj · · Score: 1

      They may or may not get you - probably will. However, the Capone case has nothing to do with proving or disproving anything about sources of income. It has only to do with failing to pay income taxes on money earned. How it was earned did not bear on the conviction. Actually the prohibition related charges were dropped; he was only convicted of tax evasion.

    9. Re:Still an idiot by Anonymous Coward · · Score: 0

      If you have millions of dollars that you cannot prove came from a legal source, the feds will get you one way or another. See Capone for an example.

      Poor example. Al Capone's problem was he didn't pay taxes on the money, even if he could have proved it was legal, he still broke the law. Back then, civil forfeiture hardly existed. Today, you still don't have to prove it came from a legal source. You just have to show it likely did. Which, I admit is almost as hard, but we're talking law here and such distinctions matter.

    10. Re:Still an idiot by Anonymous Coward · · Score: 1

      You're an idiot

      FTFY - I'd hate for you to call someone an idiot and prove you are one in the same breath.

  30. Off Subject by sudden.zero · · Score: 1

    I know this is off subject and feel free to mod me as such, but did anyone else that was not logged in while trying to view this story get automatically forwarded to the craptastic beta.slashdot.org site? I know it is only a matter of time before Dice forces that train-wreck on us but I would much rather not switch until I am forced to. I mean if I wanted to be Javascripted to death, or the likes I would go visit some God awful PHPNuke blog site! Thanks a lot Dice :P

    1. Re:Off Subject by Anonymous Coward · · Score: 0

      Dice sucks, but there is not a lot we can do about it now unless you want to put up the money to buy slashdot back from them. Optionally, start your own tech blog and "...they will come!"

  31. Captain Obvious by PopeRatzo · · Score: 1

    Bitcoins are "not subject to seizure" by federal law

    Um, the fact that they were just seized, seems to refute that statement.

    --
    You are welcome on my lawn.
  32. Re:The master owns everything, including your *LIF by Jherek+Carnelian · · Score: 4, Insightful

    Unless you were at Waco, you don't know what happened at Waco.

    Bullshit. Even the US government doesn't deny that children were burned to death. They do deny their culpability, but it isn't terribly hard to see that as misdirection.

    Even if the footage (which I watched on live TV at the time) of the tank pushing in the walls and the fire starting not to long afterwards was misleading, the government were the ones with all the resources and time necessary to handle the situation in a safer way. They decided that their time was worth more than the risk to the children and that's the best possible light you can put on the government's actions, all other interpretations are much less favorable.

  33. Most don't understand the legal argument by Zontar_Thing_From_Ve · · Score: 4, Insightful

    Most people who have responded seem to not understand the legal argument here. Yes, this is risky to his case and basically he can't explain how he got the coins without hurting his own case. However, that's not the point. My guess is that he and his attorneys know that he is going to lose in court and go to jail. They are trying a novel argument that likely won't work that the government doesn't have the right to seize the coins no matter how acquired specifically because of their electronic nature. This is basically a low percentage "hail Mary" type play (to use an American football reference - look it up in Wikipedia if you don't understand it) to try to at least get him some income (and get his lawyers paid now) for when he gets out of jail. It's trying to turn the best case scenario into "Yeah, you're going to jail, but you'll still be rich when you get out". The unpleasant alternative is to say nothing, let the government keep the coins, and proceed with his weak defense that probably won't work anyway, in which case he goes to jail for a long time penniless. He's going to jail - the only question is whether this highly unlikely argument to keep the coins actually works and he at least gets to leave prison as a rich man. Anything can happen in a US courtroom, but I don't think this is going to be successful.

    1. Re:Most don't understand the legal argument by BringsApples · · Score: 1

      Where do bitcoins reside? Honestly, I know very little about bitcoins and everything that I look up leads me to believe that they reside in a virtual wallet on a PC. If this is true, then the feds can take the PC, thus taking the bitcoins on the PC.

      --
      Politics; n. : A religion whereby man is god.
    2. Re:Most don't understand the legal argument by Anonymous Coward · · Score: 0

      Good summary of the legal issues. What I don't understand is why, if this is the case, why that argument can/should be made AT THIS TIME.

      There's going to be a criminal trial at some point. If he's acquitted (admittedly a long shot), he quite possibly gets the bitcoins back. If not, and this is a "when I get out of jail..." argument, what's the prevent him from making the exact same argument post-trial? Why put his ownership on the record at a time when that admission can hurt him?

    3. Re:Most don't understand the legal argument by Tom · · Score: 1

      You've earned that +5.

      In addition, from everything you hear about the US prison system, having access to a shitload of money is probably a very good idea and could come in helpful for the purpose of securing a somewhat comfortable stay.

      You know, without new sexual experiences and all your bones remaining in one piece, etc.

      --
      Assorted stuff I do sometimes: Lemuria.org
    4. Re:Most don't understand the legal argument by larry+bagina · · Score: 1

      Make that a double hail mary -- bitcoin will probably be on par with tulip futures and web van stock when he gets out.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    5. Re:Most don't understand the legal argument by Anonymous Coward · · Score: 0

      The bitcoins don't reside anywhere, including in any particular "virtual wallet on a PC".

      If you don't believe that, make 100 copies of that "virtual wallet" and ask yourself if you now have 100 times as many bitcoins.

    6. Re:Most don't understand the legal argument by hey! · · Score: 1

      The bitcoins don't reside anywhere, including in any particular "virtual wallet on a PC".

      If you don't believe that, make 100 copies of that "virtual wallet" and ask yourself if you now have 100 times as many bitcoins.

      Well, let's ask a far more pertinent question: if you make 100x copies of wallet, do you have 100x the bitcoin purchasing power? The answer is no. It is theoretically possible to spend the same bitcoin twice, but th protocol is designed so that on average that costs more than obtaining a second bitcoin legitimately. You don't have to make it impossible to cheat; you only have to make it pointless.

      A bitcoin is an abstraction, just as the dollars in your bank account are. If you have $100K in a bank account, that doesn't mean there's a stack of banknotes in the vault that corresponds to that. Your funds "in the bank" exist only on that bank's ledgers. They have no physical existence, they exist according to a set of rules which assign those dollars to you. When nearly everyone in the system agrees that according to the rules you have $100K in the First National Bank of Podunk, then you've got $100K there. Bitcoins work exactly the same way, except the rules are voluntarily agreed-upon conventions rather than national law. Once everyone in the Bitcoin universe agrees you own a certain bitcoin, you can exchange that bitcoin for goods and services.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    7. Re:Most don't understand the legal argument by BringsApples · · Score: 1

      Ok, I get that, but in your example, there's a bank called "First National Bank of Podunk" and inside that bank's control, there is a computer system that reflects your account. I can go to other banks' ATMs and get my money from there, because the other bank is able to interact with my bank's system (then I get charged for that interaction).

      What I'm asking is, where do bitcoins reside - where is the system that keeps up with how much, and where? Because if like the idiot AC said, "The bitcoins don't reside anywhere, including in any particular 'virtual wallet on a PC'.", then how do the feds have this guy's bitcoins at all?

      --
      Politics; n. : A religion whereby man is god.
    8. Re:Most don't understand the legal argument by Anonymous Coward · · Score: 0

      In the big ledger called "block chain". Everyone in BTC network has a copy. It's full of records "this account(s) transfer this amount to this account(s)" and it's the only form Bitcoins actually exist in - balance after all the transfers in the ledger is what you have.

      "Wallet" is actually like a card and PIN - it doesn't have any money stored on it, but it allows you access to your account. Anyone with unencrypted copy of your wallet has full access to your account, like someone who has your card and knows your PIN.

    9. Re:Most don't understand the legal argument by hey! · · Score: 1

      Let me start with a disclaimer: I'm not an expert in Bitcoin, but this is my understanding.

      One of the important differences between Bitcoins and regular currency is that every bitcoin has an unique serial number. This is not true for dollars; oh a particular banknote my have a serial number, but the dollars in your bank account have no individual identity. The fact that every bitcoin has a serial number makes it possible to distribute information about who owns a particular bitcoin. Thus the physical location of the fact of ownership is the entire network of computers participating in bitcoin transactions. Naturally, the protocol has provisions for resolving contradictory assertions, so that over time the network will converge towards consensus on any particular bitcoin.

      Now as to how Uncle Sam can 'seize' a bitcoin, it's simple. Uncle Sam doesn't seize your bitcoin *wallet*, he seizes the cryptographic keys you use to conduct Bitcoin transactions. Then for every bitcoin X in the wallet, he sends out the message, "I, BringsApples, transfer bitcoin #X to Uncle Sam." Furthermore, since the protocol is de-centralized, there is no mechanism for the participants to agree that bitcoin X really belongs to you. The only way to "get the bitcoin back" is for Uncle Sam to broadcast a message, "I, Uncle Sam, transfer bitcoin #X to BringsApples."

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    10. Re:Most don't understand the legal argument by Anonymous Coward · · Score: 0

      Maybe he figures that bitcoin will have crashed in a year or two when his trial+appeals have run their course, and so it would be better (financially) to get the coins now and have his lawyers sell them, even if that very action makes it more likely for him to be convicted,.

    11. Re:Most don't understand the legal argument by JustNiz · · Score: 1

      If uncle sam can do it, what is to stop some hacker gang from doing the same thing?

  34. Re:The master owns everything, including your *LIF by anagama · · Score: 1, Offtopic

    And, while I agree that the ATF has badly bungled the whole Waco fiasco, I have zero compassion for religious nuts.

    I'm an atheist and I shake my head at the incredulity of religious belief. But being a religious nut should not rule out people from being treated with compassion, even if only out of sense of enlightened self-interest.

    The Feds killed a bunch of innocent people at Waco, including kids. The direct blowback from this was Timothy McVeigh who had no qualms blowing up a building including a day care center under the notion that anyone who worked for the Federal Government, including their families, was complicit in the Waco atrocity/debacle/fuckup/whatever. And while I'm also intentionally child-free, and particularly immune from "think of the children" arguments, the bombing of the Murrah Building should give both sides reason to think that there are consequences for being vicious thugs, because some people take kids pretty seriously, and that has repercussions.

    I feel bad for the people who died at Waco at the hand of an overbearing government agency, for those who died in the Murrah Building bombing at the hands of some vengeful idiots, and for those vengeful idiots who were executed as a result their misplaced sense of justified retribution. All of the people caught in the crossfire died tragically, and all that death and destruction could have been easily avoided if the government hadn't been so arrogant and if the Murrah Building bombers hadn't likewise been so arrogant. And that starts with treating people as something more than meat to slaughter, even if they are religious.

    --
    What changed under Obama? Nothing Good
  35. hey now by geekoid · · Score: 1

    they're my bitcoins, and I want them back. This Ulbricht fellow can shove off.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  36. Re:The master owns everything, including your *LIF by Joce640k · · Score: 1

    He is claiming Bitcoins aren't property and thus can't be seized under federal law.

    If they're not "property" then they can't belong to anybody, ie. him.

    --
    No sig today...
  37. Re:The master owns everything, including your *LIF by rgmoore · · Score: 5, Informative

    Except that ill-gotten gains are always subject to seizure. Look up US Federal drug forfeiture laws some time. The feds can take anything that's the proceed of or used to facilitate drug crimes. It doesn't matter what form the assets are in. If the feds can prove they were bought with drug money, they can seize them. If they were used as an active part of the trade, the feds can seize them. Since the bitcoins appear to be both, it's going to be pretty easy for the feds to get them.

    --

    There's no point in questioning authority if you aren't going to listen to the answers.

  38. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    He should be in jail because he's an amateur? Or because drugs are bad m'kay?

  39. True foolishness by Anonymous Coward · · Score: 0

    His argument here is unlikely to work, and so is unlikely to do him much good.

    On the other hand, admitting on the record that he owns these specific bitcoins is likely to harm him. Bitcoins are like dollar bills that remember every hand they've passed through (with pseudonomous but consistent identifiers for those people). It feels straightforward to trace the bitcoins to specific crimes if they can positively identify any of the OTHER parties to those crimes (e.g. someone else who's plead out). Being in provable possession of the proceeds of a crime feels like a Bad Thing to admit to.

  40. Re:The master owns everything, including your *LIF by fatphil · · Score: 1

    As far as I understand it (not a yank) the principles behind civil forfeiture mean that assets are fair game, so the authorities are not forced to walk both sides of the is-a-currency line.

    However, you're certainly right that Dollars are bartered with, as they are not the currency everywhere where they're actually in use. I know I've bartered a mixed bag of different paper not-currencies-here when I had problems with plastic when travelling.

    --
    Also FatPhil on SoylentNews, id 863
  41. Re:The master owns everything, including your *LIF by Noryungi · · Score: 1

    Here are some wise words from legal experts: when dealing with the police, just keep your mouth shut.

    Let me say this again: Keep. Your. Mouth. Shut.

    And whatever you do, do not admit, in front of cops, that your bitcoins came from an illegal activity. I expect better than that from Dread Pirate Robert!

    Nay, I DEMAND better legal knowledge from the Dread Pirate Robert! Shoot, man, the right to remain silent is a part of the freaking US Constitution!! Fifth Amendment and all that.

    Here is a guy whou KNEW he was engaged in illegal activity, and yet whines to everyone something like: ''gnya gnya gnya, these are my bitcoins and you can't seize them!!''. Yeah, right. Total amateur. Any more stupider, and he would be eligible for a Darwin Award.

    --
    The right to offend is far more important than the right not to be offended. (Rowan Atkinson)
  42. Re:The master owns everything, including your *LIF by Noryungi · · Score: 1

    OK, fine, Bitcoins are an asset. But, you admit it yourself, assets can be seized.

    And, in the case of a criminal proceeding, assets will be seized because you are not allowed to profit from an illegal activity.

    Hence, the distinction between currencies and assets is moot: they will be seized, because they both were acquired through aiding or engaging in an illegal activity.

    --
    The right to offend is far more important than the right not to be offended. (Rowan Atkinson)
  43. How are they not subject to seizure? by Anonymous Coward · · Score: 0

    If they were indeed his, and he is accused of something that allows the government to seize valuable property because of, and they are valuable property, how are they somehow "not subject to seizure"? The US government can seize Swiss bank accounts, if they can get a hold of the necessary information, for crying out loud.

  44. The master owns everything, including your *LIFE* by Anonymous Coward · · Score: 0

    No need to go back to 1993. Look at the 2011 execution style murder of Oscar Grant by BART police officer Johannes Mehserle. The murderer's defense was paid for with taxpayer dollars and in the end he only served one year in jail.

  45. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    >Bitcoins can be considered (and, indeed, are presented everywhere) as a currency
    Nope. Not a currency by any meaningful definition of the word. But they *are* an asset. Just like a stock or a boat.

  46. Re:The master owns everything, including your *LIF by Creepy · · Score: 1

    Since it's a financial crime, I would expect the Secret Service to be handling it and hold the property. The FBI does the investigation but not the arrest and seizure of property. Source - I knew this guy, who got busted by them for piracy (albeit not well - friend of a friend kind of knew him).

  47. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    "Since Bitcoin is a currency...". Is it really? This is the whole point of the article! Of couse if you just assume this, then there is nothing more to discuss! Ulbricht is claiming that, technically, bitcoins are not a currency under US law. As far as I know, he is correct, and the current forces that be do not want to legitimise bitcoin by making it a currency, so he wants to exploit this loophole. In some places bitcoin is considered an asset, and I think in the US it is taxable (but not everywhere, e.g. Germany I think), but it is not recognized as currency. If bitcoin were a real currency, then this would have very important legal implications. For example, the US constitution makes it illegal to use alternative currencies in the US. So far the authorities have refused to decide the legal status of bitcoin, this could force them to do so, which is probably a good thing, depending on what they decide.

  48. Captain missing the point. by Anonymous Coward · · Score: 0

    That they were seized does not mean they were LEGALLY seized. The argument is not that it's not possible to seize bitcoins. It's that any such seizure is an illegal seizure, and therefore the property must be restored.

    The feds certainly have the ABILITY seize an ex-wife's assets for debts her ex-husband incurred after they were divorced. But they can't do so LEGALLY. If they did, you'd see a petition like the one here - the seizure is unlawful, and the property must be returned.

  49. Should have had a hidden backup by Anonymous Coward · · Score: 0

    If he has/had a backup of the wallet somewhere, all he has to do is copy that backup and move it to a different wallet, taking it all back from the feds. (the feds have admitted with frustration, they do not know the password to the larger of the two wallets they seized, thus they cannot spend or transfer them.)

  50. Re:Yeah.... Don't worry... by Anonymous Coward · · Score: 0

    Yes, and the term of his sentence will fluctuate wildly too.

  51. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    That's not entirely true. As Bill Hicks pointed out, it was covered on public access television, live. Anyone who happened to be watching a live feed at the time saw exactly what happened.

  52. Thanks by Anonymous Coward · · Score: 0

    I was going to ask: ‘But if Bitcoin works as advertised, how were the feds able to seize them?’
    But your post kind of answers that: through Ulbricht's own incompetence.

  53. Re:The master owns everything, including your *LIF by MikeBabcock · · Score: 1

    Doesn't matter if they're currency; if they're barter they're still subject to seizure and forfeiture. If you gave your dealer a watch for your drugs, the watch is now going to be seized when he gets busted.

    --
    - Michael T. Babcock (Yes, I blog)
  54. settled by child porn etc cases, he can examine by raymorris · · Score: 1

    Routinely, if allowing the defendant to copy the evidence presents problems, they are allowed to examine the data but not copy it. Child porn cases are a well known example.

    Of course it's the same for any evidence that isn't data - OJ wasn't allowed to take the bloody glove home with him. The defense team is allowed to examine prosecution evidence, there's clearly no right to take it.

    1. Re:settled by child porn etc cases, he can examine by TheCarp · · Score: 1

      The thing I find absolutely amazing is he had no emergency backup of his wallets. They could be encrypted, put on a usb stick and buried. Any number of ways he could have retained the ability to regain control of his bitcoins despite seizure of the computers.

      --
      "I opened my eyes, and everything went dark again"
    2. Re:settled by child porn etc cases, he can examine by Anonymous Coward · · Score: 2, Informative

      That's why the FBI have moved the bitcoin already from addresses under DPRs control to addresses under theirs.

  55. Re:The master owns everything, including your *LIF by NoImNotNineVolt · · Score: 1

    Federal Bureau of Investigations, a branch of the Department of Justice of the Government of the United States of America.

    FBI. It's called the FBI. You could've just said FBI and everyone would have known what you were talking about.

    the ATF

    What? What's that? The Asia Task Force? The American Type Founders? The Atlantic Theatre Festival?

    I'd mod you down, but there is no -1: Pomp

    --
    Chuuch. Preach. Tabernacle.
  56. because the flea market isn't designed for pot by raymorris · · Score: 1

    Silk Road was clearly designed and promoted as a way to sell drugs and engage in other illegal activity. Same as the difference between a hotel and a whore house.

  57. Re:The master owns everything, including your *LIF by jlb.think · · Score: 2

    The adults weren't completely innocent. They were served a legal search warrant and instead of the doing the sane thing, they hold up inside their compound. After surrounded by police a sane person would surrender. They were delusional and caused the deaths of their own children by not letting the cops serve a warrant.

    If the cops come to my house to serve a search warrant and I hold up inside with guns and don't let them in their is only one end result. Eventually they are coming in and if I hold out through the tear gas and whatever else they use to try to flush me out, then yeah, eventually I'm gettin' shot and I'm gonna die.

  58. Re:The master owns everything, including your *LIF by Vitriol+Angst · · Score: 1

    But while I recognize that Silk Road was illegal -- now that I've grown up a bit, I don't think it's so wrong.

    What's killing us in this country is a lot of things that should be illegal, are legal. High compound interest loans. Money influencing votes. Hiring of mercenaries for war. Private contractors with tanks. FBI unaware of wrong-doing on Wall Street. I've got a LONG list of grievances.

    I see a legal system that comes down hard on someone with a bag of ween but Wachovia and now HSBC got caught money laundering. Break out the kid gloves for another slap on the wrist.

    Adults used bitcoins to purchase a product from Silk Road that they investigated and wanted. It'd assume to find out about this service, use bitcoins, and research the product -- we are looking at a self-selected group that would be above average in education and likely income. Not non-functioning dregs.

    My point is; if all these illegal drugs were so bad, why do we need drug tests and illegal searches to tell if someone is abusing them? Why stop people for drinking and driving when we can easily tell if someone is weaving in their car -- THAT person is impaired. The person who had a glass of wine at dinner, who functioned just fine until the "surprise" road block with breathalyzer -- that person's inebriation is only detectable by sniffing alcohol -- not by judging impairment.

    People die all the time and get sick eating healthy food (my wife did). I don't see a lot of celebrities with excessive lifestyles dying from illegal substances -- I see them dying of sleeping pills and prescription meds.

    What exactly are we protecting people from? Yes, people can get addicted and ruin their lives -- that can happen with video games or donuts which are all still legal.

    The point I'm making is; at this time, these things are illegal, but we have a system that doesn't really look out for us with bad meds, bad lead painted toys, bad spinach, bad banks, crooks with nice suites, and it spies on us all the time but never stops these activities that cause us harm. It used to be I thought the Mob was the worst thing ever -- but maybe they were only allowed because the people benefited. Without guarantees of gainful employment, without unions, without some social contract -- how do you defend yourself? You can't just join a group unless it makes money, right?

    So the great damage being done right now is our system itself. I can't get excited by a guy "merely breaking the law". What good is the law going to do for my kids when their options are; Prison Guard, Mercenary, or Prostitute? That's the future I see right now for my kids. It certainly isn't College with my new job getting paid 1/8th what I used to.

    --
    >>"ad space available -- low rates!!!"
  59. Re:The master owns everything, including your *LIF by Vitriol+Angst · · Score: 1

    Not an expert on Waco, but didn't that become a fiery death trap due to a combination of; "Stupid overbearing FBI" coupled with "Stupid zealots sitting on munitions and flammable objects"?

    --
    >>"ad space available -- low rates!!!"
  60. Re:The master owns everything, including your *LIF by larry+bagina · · Score: 1

    The US Constitution doesn't make it "illegal to use alternative currencies".

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  61. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    The people at waco were heretics against the US religion.

    They violated the US religion in a number of ways:
    Marrying girls to a man: In the US religion pedophillia of men with girls is forbidden. (It is allowed in old religions such as old testament (read deuteronomy 22 28-29 in hebrew), islam, and the vedic religions. Catholocism had the age of reason at 6 and young girls were married in some places too).

    Having usable weaponry: in the US religion civillians are barred from owning automatic weapons and anything better.

    Being racist/anti-semetic/so on: in the US one is not free to dislike whom they please.

    So an armed pedophile/girl lover was burned alive with his heritic church.

    Just like in any other state in the world.

    Just show me 3 places a man can be fully armed and marry little girls. In the world. You won't find many. Now a few that a man can have little white girls as wives.

    Nope. The religion of the world is the US religion. Heritics are dronebombed or burnt alive.

  62. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    What about the Dorner case? You won't touch it.

  63. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    wrong, the FBI and other federal police act according to the law almost all the time. They can sieze information used in financial transactions believed to be criminal. They can and will sieze bitcoins and systems related to them in actions against criminal activity, all perfectly legal.

  64. FUCK THE USA AND ALL LIKE IT. You are not free. by Anonymous Coward · · Score: 0

    That is because you are not free. You must obey every fucking dictat THEY proclaim. They say no marrying little girls, you better not fucking do it. They say pay them money, you better fucking do it. They say don't own this or that (weapon), you better obey.

    FUCK THE USA AND EVERY STATE LIKE IT.
    They need to burn like their victims all over the world.
    They dronebomb, shake and bake, and burn alive people who don't obey the US belief system all over the world.

    They don't allow you freedom.
    So do not be free: make your life or liberty cost them. And not on their terms.

    Marry little girls. Kill those who try to ENFORCE their religion/beliefs all across the globe on every man.

    1. Re:FUCK THE USA AND ALL LIKE IT. You are not free. by jlb.think · · Score: 2

      It's called civilization. We have a government and laws because of the benefits it brings. No we are not free to do whatever we want. You want to live in anarchy? In a world where the government can't tell you what to do? Then either you must live alone in a wilderness as a caveman, or live in a complete anarchic world where gangs, warlords, and thugs control everything. No matter what people will organize, no matter what if you want to be in a society there will be rules.

    2. Re:FUCK THE USA AND ALL LIKE IT. You are not free. by TsuruchiBrian · · Score: 1

      Or better yet, if you want to live in anarchy where the government can't tell you what to do, just replace the word "government" with the word "warlord" and bingo, you now live in anarachy. There is no government to protect you, but one of the more powerful warlords is really a jerk. He keeps taking 36% of my stuff every year, but for some reason he forces me to buy health insurance. Go figure.

  65. Re:The master owns everything, including your *LIF by BasilBrush · · Score: 1

    Something that happened to a "friend of a friend" is pretty much the definition of an urban myth.

  66. "Subject to Seizure" by mbone · · Score: 1

    Look, I am not a lawyer, this is not legal advise, but does this guy actually have a lawyer*? Would any lawyer make such a dumb argument?

    * If he doesn't, he sure needs one. Stat.

    1. Re:"Subject to Seizure" by mbone · · Score: 1

      argh : "advise" -> "advice"

    2. Re:"Subject to Seizure" by Anonymous Coward · · Score: 0

      Sure he has a lawyer and his lawyer told him that if he doesn't claim them he loses them regardless of the outcome of his criminal case.

      A criminal case that in no way requires the feds to pin the ownership of the bitcoins on him.

  67. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    But it says "This file is not fiction." The Interwebs nevar lies!!!

  68. Re:The master owns everything, including your *LIF by BasilBrush · · Score: 1

    I'm with you on most of what you post. White collar crime is under-legislated, detected and punished. Whilst the use of drugs is at most a health issue, but certainly shouldn't be a crime. etc.

    However, this is nonsense...

    Why stop people for drinking and driving when we can easily tell if someone is weaving in their car -- THAT person is impaired. The person who had a glass of wine at dinner, who functioned just fine until the "surprise" road block with breathalyzer -- that person's inebriation is only detectable by sniffing alcohol -- not by judging impairment.

    The two major driving skills that are impaired by drinking are reaction times, and ability to perceive risk. They go way before the stage when someone is so inebriated they can't keep the car in lane. Most of the time, the modestly drunk person will get home without incident. But if it happens that there is a hazard on the road, then that is when the alcohol stops them performing, and people die.

    That's why the blood alcohol level is set somewhat below the level when people start weaving. And why it needs testing for. Because simply acting in retrospect after an accident isn't enough to deal with the problem. It's bolting the door after the horse has bolted.

  69. Re:The master owns everything, including your *LIF by pepty · · Score: 1

    He is claiming Bitcoins aren't property and thus can't be seized under federal law. .

    Catch 22: If he believes Bitcoins can't be seized because they aren't property then he can't believe that there was actually a seizure of his Bitcoins.

  70. Re:The master owns everything, including your *LIF by pepty · · Score: 1

    An "enemy of an enemy" is a much more reliable source: after all, there's only one degree of separation.

  71. Re:The master owns everything, including your *LIF by LordLimecat · · Score: 1

    Im glad Im not the only one who found his statement chilling.

  72. Arrogant power (and bigotry) by fnj · · Score: 1

    And, while I agree that the ATF has badly bungled the whole Waco fiasco, I have zero compassion for <strike>religious nuts</strike human beings.

    I fixed that for ya, bud. With all respect, please take your demonization and arrogant intolerance, and stuff it.

    I don't know if Mr. Ulbricht's bitcoins have been improperly seized or not, but I do know that property is seized all the time in the US from people who have not been found guilty of a crime. Funny, I don't find authorization for anything of the kind in my copy of the Constitution. In fact, mine says "No person shall be ... deprived of life, liberty, or property, without due process of law".

    But I rather expect your conception of due process of law is rather different than mine.

  73. Re:Yeah.... Don't worry... by Anonymous Coward · · Score: 0

    He'll virtually be sentenced to bitch-jail.

    ftfy

  74. Non-Sequitur argument by sjbe · · Score: 1

    Ulbricht isn't claiming that the government violated the constitution. He is claiming Bitcoins aren't property and thus can't be seized under federal law.

    An argument which is a non-sequitur. If they aren't property then he can't very well claim they are his. You can't own something that isn't property. If they are an asset (which they are since they can be used to purchase useful goods and services) then they are by definition property and can be seized.

  75. Re:The master owns everything, including your *LIF by Connie_Lingus · · Score: 1

    "And, while I agree that the ATF has badly bungled the whole Waco fiasco, I have zero compassion for religious nuts."

    did you really just say that as long as the government potentially-kills-thru-negligence the women and children of "religious nuts", its ok???

    as opposed to what? the children of left-leaning journalists?

    --
    never bring a twinkie to a food fight.
  76. Re:The master owns everything, including your *LIF by Lumpy · · Score: 1

    True when you operate with the mode that everyone is a criminal, everything is legal.

    --
    Do not look at laser with remaining good eye.
  77. How can ANYTHING not be subject to seizure? by Anonymous Coward · · Score: 0

    Isn't the very point of seizure, that when you ask "What gives the government the right, and grants the power, to seize things from unconvicted suspects?" that the answer is always "Fuck you. That's what gives us the right." The answer to all seizures is "fuck you," so I don't see why Bitcoins would be any different. (Well, the exception is that if you use the words "due process" in your question, the answer is "fuck you," plus hitting you in the head with a club.)

    The purpose of seizure is to cause injustice and remind people that social contract blah blah yadda yadda Fuck You, don't take "rule of law" so fucking serious. This caused injustice and successfully served as a reminder that we don't really have laws. Thus: purpose fulfilled. What's to complain about?

  78. Perfect is the enemy of good by sjbe · · Score: 1

    What exactly are we protecting people from?

    We are protecting them from themselves AND we are protecting ourselves from them. We restrict availability of certain drugs because used improperly they are dangerous to the individual taking them AND because people who are cognitively impaired by drugs and/or addicted to drugs tend to affect other people in negative ways. Do I really need to explain that someone addicted to cocaine is pretty likely to make all sorts of bad decisions that will not only affect themselves but will probably hurt people around them too? Yes, sometimes people do need to be protected from themselves and sometimes we need to be protected from others. Flawed thought they may be, many of our laws are made with exactly this in mind.

    The point I'm making is; at this time, these things are illegal, but we have a system that doesn't really look out for us with bad meds, bad lead painted toys, bad spinach, bad banks, crooks with nice suites, and it spies on us all the time but never stops these activities that cause us harm.

    The systems we have in place demonstrably do prevent most of the problems you mention from getting out of hand most of the time. Where your argument is confused is in that you seem to thing that somehow we can achieve perfect safety in any of those things. Each and every problem you mention would be much worse if there were no restrictions in place. Imperfect though our society might be, it is not nearly the hell hole you are making it out to be.

  79. They can't have it both ways. by DerekLyons · · Score: 1

    Even if he somehow could get out of the drug dealer and murder for hire charges he would still have the problem of proving how he legitimately got the money and why he didn't pay taxes on it. Penalties for failing to report tens of millions of dollars in income could easily put him in prison for a decades and would still result in the loss of the bitcoins because he can't prove any legitimate means why which he got them.

    Essentially, he's trying to deny what Bitcoin fans/supporters (including Ulbricht himself) have been trying to establish - that Bitcoins are in fact assets with actual value. I suspect this attempt will fail miserably, and as you say he's just shot himself in the foot with a thermonuclear weapon.
     
    Or to put it another way: Bitcoin fans/supporters should be hoping this fails, because a court decision that they are valuable assets and thus subject to seizure will go a long way towards establishing their legitimacy as currency. Much more than than a third rate shopping site or fringe player telecomm accepting them will.

  80. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    In what way is seizing his bitcoins illegal? Can you name the statute or case law that backs either you or Ulbricht up?

  81. Volatile currency by phorm · · Score: 1

    How is the value of a BC calculated? They're pretty volatile value-wise. I don't really understand US tax law, but I thought that they weren't taxable until changed into dollars or whatever.

    What happens if you have $500,000 worth of BC at tax-time and then the bottom drops out so that they're only worth $50k the next month?

    1. Re:Volatile currency by onyxruby · · Score: 1

      They are extremely volatile price wise, on this we agree.

      Hypothetically speaking if they were pristine and purely an investment that went up, would that count as income before they were sold? I do know enough to know that such a claim could easily be proven by looking at the block chain to see if they were pristine bitcoins that had never been traded. It would be interesting to hear from a tax expert on that question as a number of slashdotters will have mined them back in the day and have sat on them.

      If he got them in trade and didn't report the income than he has significant legal problems that would be no different than getting income from a foreign currency and not reporting it. With that bitcoin wallet being recently reported as being worth around $100 million dollars were talking significant money laundering charges and tax evasion charges if those coins weren't pristine.

  82. Re:The master owns everything, including your *LIF by Immerman · · Score: 1

    Huh. If they're not property then they weren't his to begin with, were they?

    Seems like a pretty shaky base to start from. Methinks someone's greed overwhelmed their common sense. Or perhaps he's been pinned to the wall hard enough that the extra evidence won't make things any worse, so he may as well at least try to get his money back.

    Then again maybe he's got a drug cartel gunning for him for losing their money, in which case he may have decided they're scarier than the federal prosecutors. Yes he probably ends up in prison, but that may be safer than the streets if he doesn't actually have the connections and resources to make himself disappear. Then if he actually gets his money back he can repay the cartel, with enough left over to buy himself plenty of protection and luxuries in prison.

    Or here's a thought - he's actually innocent, but it's become abundantly clear that he's going to be made an example of anyway, and, well, the FBI is sitting on a fortune that they claim belongs to him...

    --
    --- Most topics have many sides worth arguing, allow me to take one opposite you.
  83. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    You've got it backwards. Law enforcement can take any of your stuff they want and it's up to YOU to prove it WASN'T from illegal activity.
    There's no disincentive for the government to not take all your stuff. Any mistakes are the victims problem, not theirs

  84. How many, locked wallet? Backups? by dutchwhizzman · · Score: 1

    The last I read was that there was a raid of "live" bitcoin on the server for silkroad, but it was only a fraction of the total sum that DPR had control over. For all we know, the mother-lode is still somewhere in one or more locked wallets. If I had that much money in BTC wallets, I'd have locked backup on several places. I'd abandon all the unlocked BTC and get my backups taken care off by a trustee so I'd be rich when I got out of jail and my lawyers would get paid.

    I honestly can't think of any good reason to start this discussion about whether these BTC are of value and could be confiscated/impounded by the USA government for whatever reason, other than the dude is broke, has no backups of any wallet whatsoever or he's delusional and his lawyers can't talk him out of this.

    --
    I was promised a flying car. Where is my flying car?
  85. Usable as currency by phorm · · Score: 1

    I guess part of the issue is that these days, places are accepting BC in lieu of fiat currencies.
    Nowadays you can buy a pizza with BC. Unless the pizza place is listing a [local currency] value for the transaction, that fluctuating value is going to be a PITA to nail down to dollars.

  86. Re:The master owns everything, including your *LIF by TsuruchiBrian · · Score: 1

    The government has a bunch of fuckups working for it. They botched a hostage situation. They are partly responsible for the deaths of the children inside because they could have handled the situation better. The other part of the blame goes to the religious nutjobs who don't feel like they need to obey the law and would rather endanger a bunch of kids and have a shootout with the government.

    This is quite different than saying the government assumes the authority to kill whoever they want without any danger of accountability. This is quite clearly an exaggeration.

  87. Re:The master owns everything, including your *LIF by TsuruchiBrian · · Score: 1

    The Feds killed a bunch of innocent people at Waco, including kids. The direct blowback from this was Timothy McVeigh who had no qualms blowing up a building including a day care center under the notion that anyone who worked for the Federal Government, including their families, was complicit in the Waco atrocity/debacle/fuckup/whatever.

    If you are going to say "The Feds killed the kids at Waco". Why not take it one step further and say that they also committed the Oklahoma city bombing since they caused Timothy McVeigh to commit the bombing with their actions at Waco?

  88. Re:The master owns everything, including your *LIF by Princeofcups · · Score: 2

    Bullshit. Even the US government doesn't deny that children were burned to death. They do deny their culpability, but it isn't terribly hard to see that as misdirection.

    Even if the footage (which I watched on live TV at the time) of the tank pushing in the walls and the fire starting not to long afterwards was misleading, the government were the ones with all the resources and time necessary to handle the situation in a safer way. They decided that their time was worth more than the risk to the children and that's the best possible light you can put on the government's actions, all other interpretations are much less favorable.

    Hundreds of guns, several agents shot and possibly dead. Agreed the ATF was heavy handed, but it was quite understandable in that situation.

    --
    The only thing worse than a Democrat is a Republican.
  89. Re:The master owns everything, including your *LIF by Princeofcups · · Score: 1

    Yeah, let's tone down the hysteria a notch now, shall we?

    Mr Ulbricht admitted to committing a crime, by facilitating the buying and selling of drugs on the Internet. Wrong move, but let us set this aside for a moment.

    Not a crime for the DHS/CIA. They get away with that shit all the time.

    --
    The only thing worse than a Democrat is a Republican.
  90. Re:The master owns everything, including your *LIF by willpb · · Score: 1

    Maybe he can force them to disclose the private keys for these bitcoins through discovery and have them turned over to his attorney.
    If they transfer the bitcoins from their original addresses he could argue that they tampered with evidence.
    If they were made public, it would be interesting to see who is able to snatch them up first.
    Whatever happens this will certainly make an interesting precedent.

  91. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    He's arguing a technicality. They can require him to pay a fine sufficient to wipe out all his earnings so either he gives up the BTC to pay the fine or he is stuck with BTC that he can never use. Judges can be rather pedantic, but I doubt they'll fall for that ploy. I'm surprised his attorney let him say that.

  92. Re:The master owns everything, including your *LIF by maroberts · · Score: 1

    Well he probably has some Fourth Amendment rights, but if I recall he's a bit screwed because warrants were issued against him. Depends on how specific those warrants were, I suppose.

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

  93. Is he stupid, or are his lawyers stupid? by davidwr · · Score: 1

    If he said this without his criminal defense lawyers telling him that it wouldn't hurt his criminal case, he's stupid and his lawyers should consider asking the court permission to drop him as a client.

    If his lawyers told him it wouldn't hurt his criminal case, their state bar association should sanction the lawyers for incompetence, and the prosecution should seek to have them removed now to prevent an "incompetent attorney" motion on appeal after a conviction.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  94. Give him his coins back already :) by davidwr · · Score: 1

    Here's what the judge at the forfeiture hearing should say once the government has successfully made its case for keeping the booty:

    Judge: Mr. Ulbricht, you claim that Bitcoins are not currency and are not subject to seizure, right?

    Ulbricht: Right.

    Judge: And this is because they are just numbers, right?

    Ulbricht: Right.

    Judge: Okay, here is what we are going to do. I am going to let the government have a copy of these numbers and let them do what they want to with them for the next business day. After that, they will have to destroy their copy. I will return the originals to you this time tomorrow.

    [the next day]

    Judge: Are the attorneys for The People prepared to testify that they have destroyed all copies of the "bitcoins" per my order of yesterday?

    Attorneys for The People: Yes, Your Honor, and we so attest.

    Judge: Ulbricht, here are the numbers you are entitled to.

    [meanwhile, 23 hours earlier]

    Attorneys for the people, to their technical team: Please spend this.

    Technical team, 5 minutes later: Done. In a few hours the transaction will be irrevocable.

    Technical team, several hours later: The transaction is irrevocable.

    [back to the present]

    Ulbricht, to the Judge: Thank you.

    Ulbricht, to his lawyer: Spend these.

    [later]

    Ulbricht's lawyer, to Ulbricht: Sorry, when we tried to spend them, we couldn't. Someone spent them the day before we go them back.

    Ulbricht: NOOOOOOOOOOOOO!!!!!!!!!

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  95. we go = we got. by davidwr · · Score: 1

    Typo fix near the bottom:

    Someone spent them the day before we got them back.

    Slashdot keeps a letter as a transaction fee now? Who knew?

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  96. Re:The master owns everything, including your *LIF by drinkypoo · · Score: 0

    Not an expert on Waco, but didn't that become a fiery death trap due to a combination of; "Stupid overbearing FBI" coupled with "Stupid zealots sitting on munitions and flammable objects"?

    It became a fiery death trap due to a combination of the FBI parking a tank on top of the escape hatch, and setting the buildings on fire with flamethrowers. Video references are available on Youtube, and in a small handful of independent documentaries which make use of the best available news footage — from something like a mile away.

    The FBI had access to the full plans of the compound ahead of the attack, and thus knew precisely what they were doing. Presumably, not all the assholes on the ground, but someone.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  97. He has a point by Anonymous Coward · · Score: 0

    I suspect this was done under the guidance of a lawyer. He has a point:

    Confiscated assets need to have a legal value to be confiscated. If internal corruption, or something unrelated to the crime happens, the "assets" are "damaged" or "lost" the crown is held to account to replace what they took / lost.

    If the crown decides that they have a value, they are liable for that value until guilt is proven. At which point they're off the hook. If they fail to prove that the suspect is guilty, they must return the assets or cover the cost to recover.

    There are odd exceptions to this are obvious: things that won't last in an evidence locker like food or animals, that have a "value" but is difficult to quantify.
    If it doesn't have a legally replaceable value: than it's not an asset that can be confiscated or held from a suspect.

  98. Re:The master owns everything, including your *LIF by Jherek+Carnelian · · Score: 1, Insightful

    Hundreds of guns, several agents shot and possibly dead. Agreed the ATF was heavy handed, but it was quite understandable in that situation.

    No, it is not understandable. It would be understandable if they were just regular people. But they weren't - they have been given an enormous amount of power with that comes an enormously higher standard of behavior. Giving them a pass because the situation was emotionally difficult is like giving someone a pass for vehicular homicide because they were drunk.

  99. Re:The master owns everything, including your *LIF by Lumpy · · Score: 1

    Did not say it was illegal, in fact they can take EVERYTHING you have for any reason. Every single US citizen is a felon. In fact you probably committed at least 3 felonies just today.

    http://www.threefeloniesaday.com/Youtoo/tabid/86/Default.aspx

    And I am not saying he is innocent, He's a scumbag. but they can legally do anything they want to him. They can even torture him or imprison him forever without a trial if they wanted to. It's very easy to make the small step to "enemy combatant"

    --
    Do not look at laser with remaining good eye.
  100. Probably the latter. by Anonymous Coward · · Score: 0

    It sounds like the thing internet libertarians like to dramatically state as if it were factual regardless of the actual truth of the matter.

    See also: "Sovereign Citizen"

  101. Re:The master owns everything, including your *LIF by ShaunC · · Score: 1

    That isn't a Catch 22, that's just straight up what he's arguing.

    --
    Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
  102. Re:The master owns everything, including your *LIF by ultranova · · Score: 1

    And, while I agree that the ATF has badly bungled the whole Waco fiasco, I have zero compassion for religious nuts.

    Which is ironic, because it's precisely this attitude that's the difference between religiosity that's at worst a personal quirk and religiosity that makes you fly airplanes into buildings.

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  103. Fuck you. by Anonymous Coward · · Score: 0

    I do not and will not accept your religion/government system.

    I'd like to marry a young girl but your fucking cuntry is bombing any CIIVILIZATION that allows men to have such.

    Fuck you. I pray that you are killed just like the people who do marry young girls are (drone strikes, or prison).

    Fuck you. Fuck your law/religion. FUCK YOU.

  104. Shut the fuck up govt shill by Anonymous Coward · · Score: 0

    FUCK YOU. Civilization is possible without you cunts saying I can't marry a little girl, own a useful weapon, so on and so forth

    1. Re: Shut the fuck up govt shill by Anonymous Coward · · Score: 0

      True, but that's because if civilisation were forged you wouldn't be invited. At least, based on your present outburst(s).

      Either that, or I missed the sarcasm.

    2. Re:Shut the fuck up govt shill by Anonymous Coward · · Score: 0

      Civilization is possible in those situations, but the civilizations that dont allow it are much better. Plus they are also kicking your civilizations ass :)

  105. Re:The master owns everything, including your *LIF by TsuruchiBrian · · Score: 1

    Did you just say that that if any government employee's actions leads to the unjust death of another human being, then that whole government is now responsible for murder and everyone in that government should receive the death penalty?

    Well I guess you didn't say that. I made it up. But a conversation can get out of hand pretty quickly if people don't make an effort to read what people actually say.

  106. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    The govt had no right to invade their property. They had every right to shoot the thugs invading. They have a right to disobey your public laws in their own property. FUCK YOU! Marry young girls.

  107. Re:The master owns everything, including your *LIF by infinitelink · · Score: 1

    Bitcoins can be considered (and, indeed, are presented everywhere) as a currency. Hence, they can be considered as an ill-gotten gain.

    There's a problem with this, that really needs to be shouted from the rooftops so the ordinarily dim-witted politicians (not because they really are, but because their concerns extend as far as the thinking of their political interests' needs, meaning the labors of thinking by their constituents) know better. They "can" be so considered but doing so is a mistake; Bitcoin and related *coins are merely protocols in which numbers, meaningless without the rest of the system, are generated and transferred: it is something like an automated ledger which is unlike others because it's decentralized and self-monitoring

    SO...http://yro.slashdot.org/comments.pl?sid=4591965&cid=45775365, and not only that but this ledger is, essentially, simple a giant expression: it's a data-movement system which is meant to convey expression, so it does end-run the Feds, precisely as the First Amendment means that speech acts should do. Bitcoin and related are an embodied speech process useable for many other purposes...

    And more ingeniously, it's simply a means for ordinary people--not just elite or superior intellects--to essentially decide they will trust a system to exchange value, or a house, or a book, or promise some kind of interaction...all without a "currency". "Is a currency" keeps getting stated out of excitement, but actual consideration of the substance of things (that's the legal sense in the noble sense that judges were meant to look to the substance and not form in sense that form is statement rather than substance) says otherwise.

    At its base is code with instructions for disparate machines to intercooperate and perform both the automated tasks of reconciling actions on two sides of a line, or two accounts on either side of a 'send-receive' equation just as in accounting, except given this is virtual space nothing is being sent at all: another thing that troubles me with FinCen attempting to write self-serving "guidance"--statutes), which really are a strech of the law: there are no "coins", only numbers and verifications of promises, so on the one hand people can attach promises to "back" (if you trust it) these things with fiat, on the other you could exchange poems: it isn't currency.

    It isn't currency. The "coins" aren't money. The whole damn system is a ledger for allowing normal, everyday people to do the same things that major organizations might do, whether move goods or exchange promises or accords of understanding and to...account, to track and preserve proof of these things, and all with more recording fidelity and redundancy than any prior accounting system, court stenographer, diplomatic record, etc.

    So repeat after me: Bit "coin" is not a currency; it is a multi-variate decentralized-redundance-assuring ledger-like system useable for practically anything you can imagine that requires record-keeping.

    Pretty boring and doesn't fit a sound bite...but also the key of its power: it's meant to make the bureaucrats et. al. who paper-push in a billion ways obsolete all while letting ordinary people preserve records privately that may or may not require later disclosure for legal actions and gurantees of contracts.

    --
    Intelligent idiots are we. | Evil men do not understand justice.
  108. Re:The master owns everything, including your *LIF by sumdumass · · Score: 1

    Ulbricht isn't claiming that the government violated the constitution. He is claiming Bitcoins aren't property and thus can't be seized under federal law.

    I don't think you understand what he was saying. It wasn't that taking the bitcoins were claimed to be unconstitutional, it was that if the government can turn a blind eye to the constitution, it can turn a blind eye to any law and do whatever it wants to do with impunity.

    Unless you were at Waco, you don't know what happened at Waco.

    There is a pretty good record of what happened at Waco Texas. It is safe to say we know what happened at Waco and the parent poster is not wrong- at least entirely, he just didn't add how they justified it by being accidental when mixing two different nerve agents (not) knowing it would create a flammable gas and using pyrotechnic gas canisters that some think ignited the blaze. Of course others think the pilot lights on the stove in the kitchen which is the last place they ripped a hole in the compound to pump gas into could have been the source of ignition.

    But it is not that bad, it isn't like those children would have actually been alive when all this went on. Forensic pathologists said they would have likely died from the uncontrollable contortions their bodies would have went through due to the amount of gas they used in the first place. There are some who claim the photos of the dead support that too with dislocated ribs and other signs of severe convulsions due to the gasses.

  109. Re:Go to bed son by Anonymous Coward · · Score: 0

    Important things like burn heretics alive (waco).
    Arrest and imprison those who disobey you, kill anyone that doesn't go quietly.

    The more important things you have to do is dominating the peons/civillians.
    Sadly we will never burn you alive back and destroy your civilization.

  110. Re:The master owns everything, including your *LIF by anagama · · Score: 1

    Actually, read the wiki page. The Feds were a hell of a lot more arrogant than they needed to be:

    http://en.wikipedia.org/wiki/Waco_siege

    Koresh offered to let ATF inspect the Branch Davidians' weapons and paperwork and asked to speak with Aguilera, but Aguilera declined.[23][24] Sheriff Harwell told reporters regarding law enforcement talking with Koresh, "Just go out and talk to them, what's wrong with notifying them?"

    --
    What changed under Obama? Nothing Good
  111. Re:The master owns everything, including your *LIF by anagama · · Score: 1

    Certainly the Feds were a proximate cause of the destruction of the Murrah building, and as such deserve blame and perhaps even prosecution, but that does not relieve McVeigh and his compatriots of guilt for their direct role in that particular act. That they were guilty of such a terrible crime however, does not in some way make the Feds not guilty of creating the environment in which that crime was likely. So yeah, I wouldn't be upset if those responsible for Waco, got prosecuted for Murrah.

    --
    What changed under Obama? Nothing Good
  112. Re:The master owns everything, including your *LIF by TsuruchiBrian · · Score: 1

    There is a difference between being a contributing factor to a an outcome, and being culpable or blameworthy for that outcome.

    If a drunk driver runs a red light and crashes his car into your car, and both of you die, there are many contributing factors to this outcome. Some contributing factors might be that the driver was drunk, that his father abused him when he was young (contributing to his alcoholism in adulthood), etc. You driving home at that exact time was also a contributing factor. If you weren't there then the accident might not have happened, or happened differently.

    That doesn't mean that all these contributing factors are partly responsible for the outcome.

    While you may have been a contributing cause, what you did (driving home at the wrong time) was not blameworthy.

    The alcoholics father certainly contributed to his son's personality. But is the father blameworthy for the car accident? What about his father (the grandfather)? or his father (the great grandfather)?

    The reason the father is not culpable is because it is not reasonable to expect that his bad parenting will naturally cause an innocent person to be killed in a car accident by his son while he is drunk driving.

    It is also not reasonable to expect that a botched siege by the federal government would naturally lead to someone deciding to blow a building full of innocent people that had nothing to do with that siege. That is not a reasonable thing to do as a result of how Waco was handled.

    If the Oklahoma city bombing never occurred would anyone think: "Hmm that's weird, I would have expected some kind of domestic terrorist act as a result of how Waco went down". Even though Waco was a a large contributing factor, the Oklahoma city bombing was not something that should have been expected as a natural result of Waco.

  113. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    Let me say this again: Keep. Your. Mouth. Shut.

    Too bad he didn't listen.

    Any more stupider, and he would be eligible for a Darwin Award.

    "Could he look any more stupider?" -- Mrs. Chanandler Bong

  114. dumbest defense ever by slashmydots · · Score: 1

    What is he, high? "I'm not the owner of the site but by sheer coincidence, I own a buttload of bitcoins and want them back." I wonder if he knows that those bitcoins were tied to lots and lots of Silkroad transactions. What an idiot!

  115. Where are the Bitcoins? by DanielRavenNest · · Score: 1

    > where is the system that keeps up with how much, and where?

    The whole bitcoin network (BitNet) performs this function. You start with a private cryptographic key, and an address derived from that key, like mine is 1Hfxy1j4uJknLzAKhjrNPXpCGmzPGX3PPQ. My private key allows me to sign a transaction that sends some amount of bitcoins from my address to someone else. The transaction goes across a peer-to-peer network to everyone else. Each node in the network looks up past transactions for my address, and makes sure I had enough bitcoins to make the transaction, and also verifies the digital signature matches the address. If it's a good transaction it gets passed along, if not, it's ignored.

    Certain people on the network, called "miners", gather incoming transactions, and try to find a hard to find hash value which is a checksum of the included transactions. How hard it is to find is adjusted so the whole set of miners can only do it on average every ten minutes. The incentive to look for it is if you find it first, you get to include a transaction that creates new bitcoins which are sent to yourself. You send off this gathered set of transactions (called a block) and the hash to the network, who adds it to the growing set of all past transactions. Blocks also include the hash value from the previous block as part of their data. Thus each block is linked to a parent block, and the whole forms a chain we call the "block chain". The block chain is an unambiguous history of the order of transactions, from when a given bitcoin is created, to all subsequent transactions up to the present.

    Because of the amount of work that goes into creating each block (proof of work), and that each block is linked to the next one which contains the hash that verifies it's contents, no past entry can be changed without redoing all the hash searching. Since the whole network was required to do the job the first time, there is no available processing power larger enough to redo it, thus the history is un-alterable. Since everyone has a full copy of the whole transaction history, everyone can verify new transactions are valid on their own, without the need to trust any third party.

    The current balance on any address is simply the sum of all past transactions into and out of that address. Figuring that out is basically a database query on the block chain, then adding up all the found transactions. Thus the answer to your question is "everyone keeps up with how much, on their own independent copy of the bitcoin account books (the Block Chain)". We don't have to trust anyone else, because we all check for ourselves.

    1. Re:Where are the Bitcoins? by BringsApples · · Score: 1

      You seem to have a good grasp on this, thank-you for responding. However, I'm still wondering what it is that the feds have physically in their possession, that allows them to now own someone else's bitcoins. Is it his private key? His "address"? A mixture of both?

      I've, obviously, never done anything with bitcoins. But if I wanted to, would I then need to be concerned about anyone stealing my PC that I keep my key(s) on? How could one avoid having their bitcoins stolen?

      --
      Politics; n. : A religion whereby man is god.
    2. Re:Where are the Bitcoins? by Anonymous Coward · · Score: 0

      Private key is what gives access to your bitcoins. To protect your coins you should (a) encrypt the private key, (b) keep (encrypted) backups of the key so you won't lose control of your money.

      AFAIK, FBI was able to transfer funds from his account because they staked him out at the public WiFi spot in the library he used to manage SR, and waited when he turns on his laptop and enters all the passwords - then they just grabbed him and his laptop, and extracted the private key he decrypted.

  116. Too bad... by Anonymous Coward · · Score: 0

    ...that bitcoins, in and of themselves, have no inherent value. Since they really aren't a currency, and are just bits and bytes, the govt can seize them.

    Too bad, so sad, retard

  117. Re:The master owns everything, including your *LIF by mysidia · · Score: 1

    In what way is seizing his bitcoins illegal? Can you name the statute or case law that backs either you or Ulbricht up?

    The act of forging his digital signature on a spend transaction. Which is the only way to "seize" coins.

    This is the equivalent to the FBI seizing your checkbook, and forging your name, to empty your bank account. They can't legally do that. (Although they do have legal options provided by the law, at their disposal).

  118. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    Unless you're HSBC.

  119. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    Your home is not soverign. You can't run out of your house on raiding parties, kidnap people, then take them back to your house to rape, kill, then rape at your leisure. When the cops come to stop you, you don't have the right to execute the invaders.

  120. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    And none of it would have happened if religion wasnt involved.

  121. Re:Go to bed son by Anonymous Coward · · Score: 0

    Go back to raping little girls troll.
    Just pray to your evil god that you dont get caught by someone from a civilised culture or you find out the true meaning of hell.

  122. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    That isn't a Catch 22, that's just straight up what he's arguing.

    Yes, but given that the Feds have in actual fact seized his coin seems to weaken his argument

  123. Re:The master owns everything, including your *LIF by Anonymous Coward · · Score: 0

    Well... His catch 22 is a bit more like...

    They cant seize my bitcoints because it's not property. If it's not property the only value of it is the harddrive it's stored on. Ie the goverment could choose to destroy the storage-device it's located on and then refund him for a brand new harddrive.. :)

    Think this was a bad move by him :)

    This is why you should keep a offline copy, in a separate location, of your bitcoin wallet.. If your house burns down or breakdown of a hard-drive or someone steals your computer you can always regain access to the bitcoin-wallet... And with offline i'm referring to paper/metal representation of the wallet+private key, preferably in encrypted form.

  124. Overrated? by drinkypoo · · Score: 1

    Who is giving the FBI mod points? This is factual information that you need to know. Janet Reno led a murder raid.

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  125. Math error? by Anonymous Coward · · Score: 0

    173,000 * 695 (current price of bitcoin according to MtGox) = $120,235,000

  126. Re:Go to bed son by Reeznarch · · Score: 1

    Agreed. That thing thinks the government is punishing pedophiles, while it's more the opposite. A rather large portion of American fathers would gladly torture a pedo. It's not that far of a stretch to imagine bidding wars just for the privilege.

  127. Re:The master owns everything, including your *LIF by pepty · · Score: 1

    He's arguing that his bitcoins weren't actually seized? I'd think that would make him happy.

  128. Signed his own arrest warrant by Anonymous Coward · · Score: 0

    Hasn't he ever heard of Al Capone. He just made a great case for tax evasion against himself. I'm pretty sure he never listed that income on a tax return. What a dumb ass.

  129. The govt. has never treated them otherwise by sirwired · · Score: 1

    I don't know why so many slashdotters are under the impression that the US govt. is somehow trying to avoid "legitimising" BitCoins. I know it's gratifying, in a "Fight The Power" kind of way to think so, but the US govt. has taken absolutely no action whatsoever to regulate their use beyond enforcing the exact same laws on currency trading that anyone moving large amounts of cash has to follow.

    No, you aren't going to be paying your taxes in BitCoins ever, but there's no indication it won't be treated like gold bullion is today. BitCoins may get geeks salivating, but they don't create any problems for the govt. that gold doesn't. Or, for that matter, cash. In fact, BitCoins are probably less anonymous than a briefcase full of Benjamins.

    1. Re:The govt. has never treated them otherwise by SuricouRaven · · Score: 1

      Less anonymous, but also easier to move, especially internationally.

  130. Re:The master owns everything, including your *LIF by cshark · · Score: 1

    Why doesn't he just change the password on his wallet?

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