Slashdot Mirror


US Says It Can Hack Foreign Servers Without Warrants

Advocatus Diaboli tips news that the U.S. government is now arguing it doesn't need warrants to hack servers hosted on foreign soil. At issue is the current court case against Silk Road operator Ross Ulbricht. We recently discussed how the FBI's account of how they obtained evidence from Silk Road servers didn't seem to mesh with reality. Now, government lawyers have responded in a new court filing (PDF). They say that even if the FBI had to hack those servers without a warrant, it doesn't matter, because the Fourth Amendment does not confer protection to servers hosted outside the U.S. They said, "Given that the SR Server was hosting a blatantly criminal website, it would have been reasonable for the FBI to 'hack' into it in order to search it, as any such 'hack' would simply have constituted a search of foreign property known to contain criminal evidence, for which a warrant was not necessary."

335 comments

  1. Color Me Surprised by rmdingler · · Score: 5, Insightful
    Sigh.

    If nothing else, at least it's out in the open where they have to defend it.

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

    Ernest Hemingway

    1. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      but that's the wonderful thing about this revelatin\on. it tells you that they have no reason to defend thier actions, they are above constitutional and international law.

      one day soon the government will simply declare the whole constitutin, amendments and all as null and void. anyone who disagrees will be collected into the new fema camps [the ones with the big incinerators.] and have their attitude corrected.

    2. Re:Color Me Surprised by polar+red · · Score: 1

      FTFY:

      one day soon the government-department of the largest corporations will simply declare the whole constitutin, am

      --
      Yes, I'm left. You have a problem with that?
    3. Re:Color Me Surprised by geekmux · · Score: 5, Insightful

      Sigh.

      If nothing else, at least it's out in the open where they have to defend it.

      The Old Government response: We cannot confirm nor deny that we were involved in such activity.

      The New Government response: Yeah. We did it. What the fuck are you gonna do about it, peasant. Piss off, or we'll label you a terrorist too.

      If that is what you call a defense, I'd sure as hell hate to see them on the offensive.

    4. Re:Color Me Surprised by gl4ss · · Score: 5, Insightful

      they can hack me without warrants, can I hack them without warrants?

      point being, they're breaking the law in the country where the servers were in... they're going to slip up some day and hack someone that sues them abroad and in usa...

      the way usa runs it's justice spying system, it's a wonder any country still hands over any suspects to usa..

      --
      world was created 5 seconds before this post as it is.
    5. Re:Color Me Surprised by Applehu+Akbar · · Score: 4, Insightful

      The Department of Justice already claims it can steal private property without a warrant or charges being filed, so declaring that power to be extended overseas is a logical next step.

    6. Re:Color Me Surprised by mrchaotica · · Score: 1, Interesting

      If that is what you call a defense, I'd sure as hell hate to see them on the offensive.

      We have seen that. It looks like Ferguson.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    7. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      It tells you that they have no reason to defend thier actions,

      Maybe.

      But if that's true, it also tells me I should boycott US products.

    8. Re:Color Me Surprised by judoguy · · Score: 1
      --
      Peace is easy to achieve, just surrender. Liberty is much harder get/keep.
    9. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      they can hack me without warrants, can I hack them without warrants?

      Depends.
      -Are you living in the US? Then I wouldn't try it.
      -Are you living abroad? Unless you are certain your government won't hand you over, I still wouldn't try it.
      -Are you living abroad and doing the hacking at the behest of a foreign government? Then go right ahead, but it should be treated as the act of war that it is, just as any other country that has servers hacked at the behest of the US government should do.

    10. Re:Color Me Surprised by Anonymous Coward · · Score: 1

      they can hack me without warrants, can I hack them without warrants?

      point being, they're breaking the law in the country where the servers were in... they're going to slip up some day and hack someone that sues them abroad and in usa...

      They don't have to slip up. You just said it yourself, they broke the law in the country where the servers are. That country should ask USA to extradite the persons doing the hacking.

      Or better yet, they know the IP-address of the FBI computer used doing the hacking, so... "Given that the FBI computer was involved in hacking, it would have been reasonable for the foreign country to 'hack' into it in order to search it, as any such 'hack' would simply have constituted a search of foreign property known to contain criminal evidence, for which a warrant was not necessary."

    11. Re:Color Me Surprised by duckintheface · · Score: 4, Insightful

      "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." Some parts of the Constitution refer to the rights of Citizens... presumably US Citizens. The 4th Amendment makes not such distinction. People are people and have rights regardless of where they live.

      --
      "He took a duck in the face at 250 knots." -- William Gibson, Pattern Recognition
    12. Re:Color Me Surprised by tnk1 · · Score: 5, Insightful

      The other countries don't care... the US hacking their people's computers means that they don't have to. All that needs to happen is the US and EU governments hack computers of the citizens of the other, and then swap the information. Sure, there's still some protections if that evidence was used in court, but there's zero protection if that intel isn't used for a court case, but instead to inform an investigation which then, magically, is able to know exactly where to look to get the information they need to get search warrants and other constitutional case-building evidence.

    13. Re:Color Me Surprised by tehcyder · · Score: 5, Funny

      they can hack me without warrants, can I hack them without warrants?

      Yes.

      Disclaimer: IANAL

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    14. Re:Color Me Surprised by Richy_T · · Score: 4, Insightful

      Yes. And for those who aren't aware, this kind of thing has been going on for decades (if not longer). GCHQ and the NSA exchanging data on each others citizens to circumvent the laws (supposedly a contract between a government and its citizens). Largely this has been for industrial espionage purposes to, *not* to protect the interests of the nation.

    15. Re:Color Me Surprised by mrchaotica · · Score: 3, Insightful

      No, Ferguson looks like a lot of people jumping to a conclusion based on their biases and incomplete information. When young blacks in the South used to be the victims of it, we used to call that a "lynching".

      You've got that backwards: it's Darren Wilson who allegedly did something similar to lynching. What "a lot of people" are doing is calling for that allegation to be properly investigated, which is exactly the opposite of jumping to conclusions!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    16. Re:Color Me Surprised by Richy_T · · Score: 0

      But it is "the people", not "people" which has different semantic meaning within the context of the constitution. Though it's not like this is surprising, it's just a logical extension of sending out drones to kill whoever the fuck you want without a warrant. Ideally skirmishes into foreign territories (which is what this is the equivalent of) is frowned upon but the US govt just doesn't give a damn anymore. It has slippery-sloped itself into a psychotic entity.

    17. Re:Color Me Surprised by ultranova · · Score: 4, Insightful

      If that is what you call a defense, I'd sure as hell hate to see them on the offensive.

      Burning books while a crowd of thousands cheers? For all their might, the Powers That Be are ultimately just figments of collective imagination. A nation can't arrest or shoot you, it needs someone to do so on its behalf. And if the only reason why anyone might obey is fear, the entire system is one realization away from collapse. What happened in the former Soviet block is an excellent demonstration of just how that works.

      Even the Roman emperors knew their power stemmed from public support, not armed might, hence the need to provide bread and circuses.

      Of course, this is all ignoring the fact that US is a democracy. You don't need a revolution to change the people in charge, you simply need to express support for someone else, and anonymously at that. So if the rulers approve of bullshit like this, and still get re-elected, then don't blame the Government, blame the citizens.

      --

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

    18. Re:Color Me Surprised by ZombieBraintrust · · Score: 2

      above.. international law

      All national goverments are above international law. International law only exists if a participating country enforces it with a local law.

    19. Re:Color Me Surprised by Archtech · · Score: 4, Informative

      "Are you living abroad and doing the hacking at the behest of a foreign government? Then go right ahead, but it should be treated as the act of war that it is, just as any other country that has servers hacked at the behest of the US government should do".

      Actually, the USA has committed acts of war against dozens of nations since 1945 - and presumably there is no act of limitations on a state of war. That is, if you bomb a nation's territory, fire cruise missiles into it, assassinate its citizens with drones, apply commercial sanctions to it, or attack it financially, you are then in a state of war with that nation. So every one of those nations is entitled, under international law, to use any weapons or other military methods against the USA.

      Moreover, the USA has repeatedly committed the supreme international crime of launching unprovoked aggressive wars. Hence, under the very doctrine put forth by the US government as reported in TFA, any foreign government is entitled to hack any servers in the USA - including those of the government and its agencies.

      Unless, of course, the US government believes that it is different from all other nations, and that international law does not apply to it. The view expressed by the parent boils down to "might makes right" - the ancient principle enshrined in the Melian Dialogue. http://en.wikipedia.org/wiki/M...

      --
      I am sure that there are many other solipsists out there.
    20. Re:Color Me Surprised by Sique · · Score: 1

      On the other hand, International Law is just some agreement between nations and large interest groups, which sometimes gives one side moral superiority. International Law was invented as a kind of playground rules for the European powers to replace the Pax Romana after the fall of the Roman Empire. It was used sometimes, it was ignored sometimes, it was able to stir up some strong emotions, but in general, it's more like general guidelines. There is no legal or executive power that is both able to and tasked with actually enforcing International Law, while at the same time being impartial in the conflicts like an international court system or an international police force.

      --
      .sig: Sique *sigh*
    21. Re:Color Me Surprised by fustakrakich · · Score: 2

      Defend it against what? There is no resistance. All the same creeps are going to be reelected next month. What is there to defend?

      --
      “He’s not deformed, he’s just drunk!”
    22. Re:Color Me Surprised by BringsApples · · Score: 3, Insightful

      they can hack me without warrants, can I hack them without warrants?

      Of course you can do whatever you want. But the real question is, can you convince hundreds of thousands of people to fight a war in your good name? Can you have people work on military weaponry in order to kill large amounts of people in your good name? Because if you can convince hundreds of thousands of people to enlist in your "army" full of weapons that were developed blindly, all in the name of money or whatever, and are capable of launching a large-scale attack on any country that you wish, while all of the rest of the world simply decides to stay out of it, then shit man, you can do whatever you want. But this would take years and years of careful planning, and execution of said plan in a way that no one really understands what's going on. The Nazis failed because they tried to do it all in one generation. It takes year, my friend.

      Seriously though, no law exists simply by being on paper. It's up to men (and women) to decide what's right or wrong, write laws, follow those laws, and enforce those laws. These day, however, it appears that people have stopped caring about right or wrong. It's all about the !!!$$$BLING$$$BLING$$$!!!

      --
      Politics; n. : A religion whereby man is god.
    23. Re:Color Me Surprised by alvinrod · · Score: 2

      It's a mixed bag. There were also a lot of people who were jumping to conclusions and just making the situation worse. Ignoring the rioters and looters who were acting on incomplete information and their own emotional biases is just as disingenuous as attempting to claim that that particular group of people was the only group of people at all.

      However, if there's a belief that the situation won't be properly investigated, it's perfectly rational to expect for people to riot and rebel. The country was founded along similar lines. If nothing else, hopefully this serves as a valuable lesson that will help prevent future mistakes from being made.

    24. Re:Color Me Surprised by TubeSteak · · Score: 3, Interesting

      Of course, this is all ignoring the fact that US is a democracy. You don't need a revolution to change the people in charge, you simply need to express support for someone else, and anonymously at that. So if the rulers approve of bullshit like this, and still get re-elected, then don't blame the Government, blame the citizens.

      I think you underestimate the power of political gerrymandering .
      It's one of several reasons that change is very hard to come by in the USA's political process.

      There's also the separate issue of our De Facto dual party system which has gone to great lengths to create roadblocks for alternative political parties.

      TLDR: The two parties have rigged the electoral process in their favor, damaging the democratic part of our democratic republic.

      --
      [Fuck Beta]
      o0t!
    25. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      With the notable exception of we aren't a democracy. We've been an oligarchy for some time now and I don't expect to have enough money to change that any time soon.

    26. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      Are you not aware of what's happening here in the US?

      The backbone document the country was founded on is being ignored, overlooked, reinterpreted, twisted.

      If they don't care about laws and rules the nation was founded on what makes you think the government that is supposed to represent the US Citizens gives a damn about international law.
       
      Make no mistake there is a large percentage of the US population unhappy with the cavalier approach our elected leaders are taking, they seem to be getting progressively worse no matter who gets into office.

      CAPTCHA: despairs

    27. Re:Color Me Surprised by geekmux · · Score: 1

      If that is what you call a defense, I'd sure as hell hate to see them on the offensive.

      Burning books while a crowd of thousands cheers? For all their might, the Powers That Be are ultimately just figments of collective imagination. A nation can't arrest or shoot you, it needs someone to do so on its behalf. And if the only reason why anyone might obey is fear, the entire system is one realization away from collapse. What happened in the former Soviet block is an excellent demonstration of just how that works.

      Yes, and that "nation" you speak of that can't arrest or shoot you is called the Military Industrial Complex.

      You know, the very same Complex that is now arming Sheriff Bubba Joe and his merry band of misfits in with armored troop carriers and other "necessities" to perform their job.

      Even the Roman emperors knew their power stemmed from public support, not armed might, hence the need to provide bread and circuses.

      Oh you mean the 51st State in the US? It's not on too many maps. Kind of hard to miss though, as it's a massive State. We call it Welfare

      Of course, this is all ignoring the fact that US is a democracy. You don't need a revolution to change the people in charge, you simply need to express support for someone else, and anonymously at that. So if the rulers approve of bullshit like this, and still get re-elected, then don't blame the Government, blame the citizens.

      The citizens don't give a shit anymore. Apathy controls them. You'll see that when the next voter turnout is half of what it was before.

      And when elected positions are replaced with appointed Czars (a.k.a. the good ol' corrupt boys club), it's hard to convince anyone that any form of democracy still exists within our elected leadership today.

    28. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      Uh...except the elections are rigged to be little more than bread and circuses as well.

      The US is a pseudo-democracy - That's what it says on the tin, but it's no reflection of the fruit inside.

    29. Re:Color Me Surprised by neilo_1701D · · Score: 1

      they can hack me without warrants, can I hack them without warrants?

      Of course you can do whatever you want. But the real question is, can you convince hundreds of thousands of people to fight a war in your good name?

      Offer every hacker 70 unactivated Windows 8 licenses to return to Microsoft for a refund?

    30. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      Not sure that's accurate. International Criminal Court as one example. There, people in other countries are brought to answer for crimes against humanity, war crimes, and the like.

      The US notably chose not to participate for fear of having to answer for some of their own actions. Wise of them. And nobody is going to extraordinarily render one of their key generals like we do with Serbians or Africans or what have you.

      Yet.

    31. Re:Color Me Surprised by amiga3D · · Score: 3, Insightful

      The real question is....can you get away with it?

    32. Re:Color Me Surprised by Anonymous Coward · · Score: 1

      There are a few problems with the government's argument. The caselaw cited in support does say that there isn't a Fourth AMendment requirement for a warrant for searches conducted in foreign territory. This is a common sense result, in some ways, because how exactly would you get a US judge to authorize a search of a non-US location? At best, you could get a warrant from the local court system of some kind. The difficulty for the government is that that is exactly what the government did in the cited cases - they made a mutual legal assistance treaty request for the local justice system to authorize a search and seizure.

      The real problem I see here is that there is a big difference between a physical search of actual office space in London (one of the cases cited) and hacking from the US of a server located outside the US. In the latter case, if an american hacker were attacking a bank in switzerland, I doubt the DOJ would hesitate to prosecute because half the offence is being committed in the US. Similarly, half the search is being conducted in the US, even if the server isn't physically situate there.

    33. Re:Color Me Surprised by catmistake · · Score: 3, Insightful

      Sigh.

      If nothing else, at least it's out in the open where they have to defend it.

      Right. And I am certain at every court challenge to this notion, that "the Bill of Rights is only for US citizens on US soil," their idiotic interpretation will fail miserably and immediately. No where in the Constitution does it limit its powers and the extension of the enumerated rights to only US citizens only on US soil. This limitation was never intended by the Founders, thus it is not there, but a thin pathetic fantasy of whomever thought up this canine feces of a legal strategy. The Bill of Rights extends to protect every person, US citizen or not, anywhere and everywhere in the Universe from tyrannical government, according to the letter of the text. It is simply not possible to reasonably and legitimately prove otherwise.

    34. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      The thing is, warrants shouldn't even be the issue here.

      It is against US LAW to be hacking into servers,etc etc etc.

      Why is the government not held accountable to it's own laws?

    35. Re:Color Me Surprised by Tharkkun · · Score: 1

      they can hack me without warrants, can I hack them without warrants?

      point being, they're breaking the law in the country where the servers were in... they're going to slip up some day and hack someone that sues them abroad and in usa...

      the way usa runs it's justice spying system, it's a wonder any country still hands over any suspects to usa..

      How would you sue them if you're breaking the law in the first place?

    36. Re: Color Me Surprised by Anonymous Coward · · Score: 0

      Sooo, the way I read this is the NSA is justifying how the chinese can hack US servers without warrant. Quid pro quo, right?

    37. Re:Color Me Surprised by zugmeister · · Score: 1

      Of course, this is all ignoring the fact that US is a democracy. You don't need a revolution to change the people in charge, you simply need to express support for someone else, and anonymously at that.

      There was this country recently that had huge protests because while they were getting a democratic election the only people they could vote for were preapproved by a third party not necessarily interested in what the people wanted.
      Yeah, we have two choices (we can pretend there are more but let's stick to reality here) and they end up being functionally the same and not what we want.

    38. Re:Color Me Surprised by BringsApples · · Score: 1

      Offer every hacker 70 unactivated Windows 8 licenses to return to Microsoft for a refund?

      Uhh, let's see...
      Windows 8.1 = $175.00
      Number of hackers world-wide (how to figure this...?) = 100,000?

      I don't understand. Are you supposing that with a mere 17.5 million dollars, you will conquer the world? Using hackers??

      --
      Politics; n. : A religion whereby man is god.
    39. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      How do you sue a country abroad?

    40. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      They can't hack (legally) hack your stuff if you are a US citizen and your stuff resides in the US, neither can you hack them. If you aren't a US citizen and/or your stuff doesn't reside on US soil or your government will not extradite or punish you, yes you can hack them and they can hack you.

      Why is this an issue? Why should the US care about foreign entities? Why should our constitution protect those outside of the country?

      Who the hell thinks that every government on the planet is not already playing this field?

    41. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      Not that surprising.
      At the end of the day most conservatism, especially libertarianism, boils down to little more than "might makes right".

    42. Re:Color Me Surprised by MobSwatter · · Score: 1

      Hacking servers in other countries is a two way street. Makes one wonder just how they deal with supernets that host clouds that span the globe. So technically they can hack an Akamai server farm overseas to get at content hosted locally.

    43. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      They don't care, because hating the USA these days means a lot of free political capital for anyone interested in using it.

    44. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      Huh?

      So all that looting, the violence, the mobs... that was a result of the RESPONSE to the looting, violence and mobs? Somehow the response caused the action?

      WTF are you on about?

    45. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      Civil forfeiture is horribly, horribly broken and needs to be before the supreme court. It's far more important to this country than abortion or any of the other hot-button issues. The idea that our things can be confiscated without a trial and kept without any proof of wrongdoing is incredible.

    46. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      Here are reforms we should strive for...

      1. Term limits. 12 years in Congress. So, that could be 1 Senator term, 3 House terms; 2 Senator terms; or even 6 House terms. Perhaps, "No person shall be elected or appointed to Congress for more than a period of 12 years.

      2. Call it population squares. You have a grid map of the state with squares equaling let's say 50,000 people. They are squares, and nothing but squares. Well, rectangles. You design a grid like this. And then limit the creation of districts to said squares.

      Another option is to take an expanding square, not a rectangle. Take it from the upper right side of the side. Keep expanding until it is the size of one Congressional district. Once done, go right below it, and repeat. Although, some rectangles will start forming as you hit the border of the state. Once you hit the southern border, you start at the top again, and repeat.

      3. Mandate by law that the top six vote getters (parties or independents) in the last presidential election get automatic placement on the ballot for following presidential election.

      4. Public financing for elections.

      5. Guaranteed income or pensions for those in Congress. Complete one full term in Congress. Receive the per capita income (let's say $30k/year) for the rest of your life. Whether you spend 12 years in Congress, or 2 as a House Representative, you get this $30k/year once you are out. Provided that you are not in an elected position elsewhere.

      6. A movie to Instant Run-off Voting with 3 choice minimum for federal elections. With write-ins still permitted.

    47. Re:Color Me Surprised by david_thornley · · Score: 1

      Not really, although it's hard to enforce international law. Also, international law in the form of signed treaties are law in the US, per the Constitution.

      For example, the WTO imposed a penalty on the US for having legal online gambling (in some states) and not allowing other countries to run legal online gambling operations in the US. The penalty did not involve action by or directly to the US, which would have been hard to enforce.

      Violations of the Laws of War are typically only prosecuted internationally if the country loses badly, but sometimes they are prosecuted.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    48. Re:Color Me Surprised by rmdingler · · Score: 1
      The sad truth is, most folks are just comfortable enough in their busy little lives to buy into the explanation that if you have nothing to hide, then you have nothing to fear.

      It is a sad progression to go from being blindly proud of your country to being ashamed of the way it behaves.

      Many otherwise keen individuals would rather not upset their own settled world view. Life is hard enough. Seeing behind the curtain is not for everyone.

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

      Ernest Hemingway

    49. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      Obviously "All men are created equal" actually only refers to American men, because it's the US constitution not the world constitution. It's a bit vague on if it includes women too

      Therefore it's perfectly fine to torture, imprison without trial and legal representation, search without probable cause, and conduct mass surveillance on anyone who is not from the US, or they would have called it the Planet Earth constitution.

    50. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      The Department of Justice already claims it can steal private property without a warrant or charges being filed.

      It can under civil forfeiture laws, can't it?

    51. Re:Color Me Surprised by ZombieBraintrust · · Score: 1

      Also, international law in the form of signed treaties are law in the US, per the Constitution.

      Treaties require a 2/3 vote by the Senate in the US Constitution. This vote creates a local law. The Senate can repeal that law. So like I said. International law only exists if the participating countries enforce it with local laws. The closest thing to international law in the United States are rights. Under American legal philosophy these rights are not created by the Constitution. Rather they are given to man by God or are self evident human rights. Thus privacy, freedom of speech, the right to bear arms, our God given rights. They apply to non citizens because God gave those rights to all people.

    52. Re:Color Me Surprised by gweihir · · Score: 1

      At least it is now clear where all these state-sponsored hackers come from. Unfortunately, drone-killing them seems not to be an option.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    53. Re:Color Me Surprised by strikethree · · Score: 1

      Of course, this is all ignoring the fact that US is a democracy. You don't need a revolution to change the people in charge, you simply need to express support for someone else, and anonymously at that. So if the rulers approve of bullshit like this, and still get re-elected, then don't blame the Government, blame the citizens.

      Shut up. You are blind and ignorant. Hopefully, you are merely naive.

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
    54. Re:Color Me Surprised by ultranova · · Score: 1

      Yeah, we have two choices (we can pretend there are more but let's stick to reality here)

      And by "reality" you mean "most people approve of what R&D are doing and will vote for them"? Because that gets us straight back to "blame the citizens".

      --

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

    55. Re:Color Me Surprised by ultranova · · Score: 1

      Yes, and that "nation" you speak of that can't arrest or shoot you is called the Military Industrial Complex.

      No, the nation I'm speaking of is the United States of America. The USA could disband the MIC any time it wanted. You simply don't want to. After all, that would be a combination of government interference on private business and hippie pacifism.

      You know, the very same Complex that is now arming Sheriff Bubba Joe and his merry band of misfits in with armored troop carriers and other "necessities" to perform their job.

      To be fair, as automation continues destroying the foundation of current economic model they probably will be necessities. Massive poverty + a culture that despises the poor = unrest.

      Oh you mean the 51st State in the US? It's not on too many maps. Kind of hard to miss though, as it's a massive State. We call it Welfare.

      A lot of US's problems originate with the fact that it's not a welfare state. When the entire basis of the culture is clawing your way on top, you shouldn't be surprised if various public organizations and servants reflect this same mentality, from NSA to Sheriff Bubba Joe.

      The citizens don't give a shit anymore. Apathy controls them. You'll see that when the next voter turnout is half of what it was before.

      Not caring doesn't relieve anyone from responsibility. If anything, it's damning evidence of just where the problem is.

      And when elected positions are replaced with appointed Czars (a.k.a. the good ol' corrupt boys club), it's hard to convince anyone that any form of democracy still exists within our elected leadership today.

      So who's appointing them? King George? Because last I checked it was your elected officials - who keep being re-elected. So blame the citizens for that one too.

      --

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

    56. Re:Color Me Surprised by backwardsposter · · Score: 1

      I was just going to say the same thing. There's a reason it's "We the people"

    57. Re:Color Me Surprised by silentcoder · · Score: 1

      That didn't stop Bush the number 2 from claiming that Gitmo was immune from things like due process and incarceration-without-trial restrictions on the basis that it was located in another country.

      The idea that the actions of the American government is constrained by the constitution *only* on their own soil and against their own citizens is not a recent phenomenon - I'm sure that a bit of digging will find examples far older than Gitmo but if you want to take a point where they simply declared this publicly as if it's a fact and made it the de facto rules they work by then Gitmo was that point.
      When liberals decried Gitmo (and especially this bit) and were shouted down by conservatives - this became standard practice, and now you can forget about any US government relinquishing it without a helluva fight (and don't confuse democrat politicians with liberals).

      --
      Unicode killed the ASCII-art *
    58. Re:Color Me Surprised by Anonymous Coward · · Score: 0

      Undefended rights are non-existant rights. Trouble is, no one is a Captain America...

      The 2nd Amendment for a time held the answer... Black Panther peaceful strong arm tactics... 5000 armed citizens walking into Congress, right past the Marines. But the NRA folk misinterpreted the Amendment right into its meaning being misinterpreted by the Supreme Court, and it has been gutted. You have the right to defend yourself. Whoopie. No longer all for one and one for all, but every one for themselves. Fools. Lone gunmen never get very far.

      Now I'm a patriot, but I am thankful the US has the vast borders it does.

    59. Re:Color Me Surprised by NewYork · · Score: 1

      You've to EARN dollars to buy OPEC Oil.
      USA can PRINT dollars to buy OPEC Oil.

    60. Re:Color Me Surprised by OdinOdin_ · · Score: 1

      > It takes year, my friend.

      Did you see "Attack of the clones" ... at some point in the future these MakerBot replicators kits will be capable of building domestic drones carrying payloads, its just a matter of time.

      No need to persuade many people of your tyrannical view point over many generations to build that army.

    61. Re:Color Me Surprised by zugmeister · · Score: 1

      No, not really. There are various ways to poll weather "most people approve of what R&D are doing" but Congressional approval at 14% and presidential approval around 50% (with some pretty significant drops), I don't know that you could safely take the approval of the majority as a foregone conclusion. The general tone I'm seeing is that people are getting increasingly discontented(sp?) with their government, Occupy style. There are two realistic choices, and I think the argument could be made they are both similar enough to be considered functionally equivalent (think Bush / Obama actions). To a large degree, they are also not what the people want.

  2. China & Russia off the hook then by Anonymous Coward · · Score: 5, Insightful

    Good news for China and Russian state sponsored haxors then. Perfectly legal for them to steal from US gov and Corps.

    1. Re:China & Russia off the hook then by Anonymous Coward · · Score: 0

      You confuse legal in the home county vs. a response from the other county. It is legal in China for the Chinese government to hack the US. That doesn't mean the US can't respond however they want.

    2. Re:China & Russia off the hook then by Anonymous Coward · · Score: 1

      Now consider this: China and/or Russia might consider hacking their servers an act of war.
      The question can now be rephrased to "Does FBI have the right to declare war on other nations."

      Dealing internationally it could be wise to go through official channels that are legal in all involved countries. Failing to do so can have ramifications far beyond your internal politics.
      Assuming that other nations won't react to anything your government does to them is naive.

    3. Re:China & Russia off the hook then by Anonymous Coward · · Score: 0

      Did that ever stop them?

    4. Re:China & Russia off the hook then by ZombieBraintrust · · Score: 1

      Yes. It was always legal for them to steal from us. Russia invading Ukraine was also legal.(Russian congress literally passed a law anexing the region) It is also legal for them to nuke a US city. It was legal when the US used sanctions to limit trade with Russia.

    5. Re:China & Russia off the hook then by Tharkkun · · Score: 1

      Now consider this: China and/or Russia might consider hacking their servers an act of war. The question can now be rephrased to "Does FBI have the right to declare war on other nations."

      Dealing internationally it could be wise to go through official channels that are legal in all involved countries. Failing to do so can have ramifications far beyond your internal politics. Assuming that other nations won't react to anything your government does to them is naive.

      I'm sure they have always considered it an act of war. It's a cyberwar and it's been going on for 30 years.

    6. Re:China & Russia off the hook then by Anonymous Coward · · Score: 0

      hence why legalistic people don't seem to realize that ultimately, law is decided by who has the biggest stick. the only way to get what you want is to swing a bigger stick.

      makes one wish we used Bonobo methods instead of chimp methods for problem solving.

  3. Wtf?! by Anonymous Coward · · Score: 0

    So if I'm a Russian law enforcement agency and learn of some criminal evidence on a server located in the U.S. of A. it's just fine if I hack into it because that simply constitutes a search of foreign property known to contain criminal evidence and there's no law in my country that says I'm forbidden to do so in another country? Yeah, right.

    1. Re:Wtf?! by plover · · Score: 1

      Yes. It would be perfectly legal in Russia to hack into an American server to gather evidence for a Russian trial (assuming the Russian constitution doesn't prohibit such activities in Russia.) However, because it would be illegal in America, the Russian law enforcement agent would still be subject to American prosecution, if discovered. So don't expect Russia to offer any information to America regarding the law enforcement agents or agencies involved.

      --
      John
    2. Re:Wtf?! by NotDrWho · · Score: 1

      And the reverse is also true. Any NSA officer hacking into a Russian server is subject to prosecution in Russia, if discovered.

      Basically, personnel from both sides might want to avoid taking any vacations where the other side might arrest you.

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    3. Re:Wtf?! by Anonymous Coward · · Score: 0

      However, because it would be illegal in America, the Russian law enforcement agent would still be subject to American prosecution, if discovered.

      No they wouldn't. Your laws don't apply outside your country despite what your authoritarian government thinks.

    4. Re:Wtf?! by Anonymous Coward · · Score: 0

      Basically, personnel from both sides might want to avoid taking any vacations where the other side might arrest you.

      I wouldn't limit that to personnel involved directly. Either side could just grab whatever tourist of the other nationality is handy and accuse him of being a spy, if only to claim to the own population that the other nation is evil and sends spies.
      These organizations doesn't play fair and doesn't care about collateral damage.

    5. Re:Wtf?! by Anonymous Coward · · Score: 1

      The argument would be that it took place in the US because that is where the server was located. (Right or wrong, that is what the authoritarians would say.)

    6. Re:Wtf?! by Richy_T · · Score: 1

      Laws apply wherever. It's the ability to enforce them that is at issue.

    7. Re:Wtf?! by tehcyder · · Score: 4, Insightful
      Everyone on slashdot seems confused because this is on the internet. Spying is spying. It's legal in your own country to spy on foreign powers, it's illegal in the country you're spying on.
      You're never going to agree to the extradition of one of your own spies if they get exposed, which is why you occasionally get "tit for tat" diplomatic expulsions, as it's the only real way of showing that you know you've been spied on, as the spy will most likely have diplomatic cover.

      If you get caught red-handed spying abroad, it depends on which country you're talking about. North Korea would probably execute you, Canada would pack you off home and take you off their "actual diplomats" list.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    8. Re:Wtf?! by bleh-of-the-huns · · Score: 1

      Actually, this is not true. In some cases, the laws apply to you wherever you go. While it may not necessarily be applied to computer crimes, it most certainly does to crimes involving children (yes I know, think of the children). Example: American man goes to place where sex with children is legal (personally, those places need to be nuked from orbit), man returns to the US, the authorities had been notified of such through whatever mechanism, man is arrested upon landing (might have to clear customs first, not sure on that point). Granted, this is only 1 aspect in a sea of them, but the fact remains, US law was enforced on someone who did something legal in another country.

      --
      I came, I conquered, I coredumped
    9. Re:Wtf?! by CaptainDork · · Score: 2

      I'd mod +1 if I could.

      This does fall under spying. It's a good analogy.

      The thing that upsets me, and apparently not others, is that our government is so incompetent at spying that they have to blow their own fucking cover.

      --
      It little behooves the best of us to comment on the rest of us.
    10. Re:Wtf?! by Kjella · · Score: 1

      You're never going to agree to the extradition of one of your own spies if they get exposed, which is why you occasionally get "tit for tat" diplomatic expulsions, as it's the only real way of showing that you know you've been spied on, as the spy will most likely have diplomatic cover.

      Most likely not, since you have to have some sort of official diplomatic or consular function which means you can't go undercover. It's more that both sides do it and cracking down hard on foreign spies will be very bad for your own assets.

      --
      Live today, because you never know what tomorrow brings
    11. Re:Wtf?! by Lost+Race · · Score: 1

      It's legal in your own country to spy on foreign powers.

      This case has nothing to do with spying on foreign powers. It's about federal agents searching through the private effects of an individual, which is explicitly, specifically, Constitutionally illegal without a warrant.

    12. Re:Wtf?! by lsatenstein · · Score: 1

      Everyone on slashdot seems confused because this is on the internet. Spying is spying. It's legal in your own country to spy on foreign powers, it's illegal in the country you're spying on.

      You're never going to agree to the extradition of one of your own spies if they get exposed, which is why you occasionally get "tit for tat" diplomatic expulsions, as it's the only real way of showing that you know you've been spied on, as the spy will most likely have diplomatic cover.

      If you get caught red-handed spying abroad, it depends on which country you're talking about. North Korea would probably execute you, Canada would pack you off home and take you off their "actual diplomats" list.

      OK Canada, please spy on xyz for me and I will spy on abc for you. Don't you just love these loopholes?

      --
      Leslie Satenstein Montreal Quebec Canada
  4. The age old legal defense... by Anonymous Coward · · Score: 0

    Fac quod dico, non quod facio.

    It's perfectly OK for the US government to hack whatever it wants regardless of where you are, but if you're unlucky enough to be from one of the "Lesser" countries, don't you dare attempt the same.

  5. They'll muck this up good.. by Anonymous Coward · · Score: 0

    Then have to deal with people from other countries going after them for messing up their data. It'd be interesting to see top US officials held accountable for cyber crimes in other countries and get detained and put on trial because they did something that was way too much to let go by going after someone.

  6. So what they are saying... by AmiMoJo · · Score: 5, Insightful

    So what they are saying is that anyone outside the US can freely hack US servers without a warrant too. Surely they don't expect special treatment?

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    1. Re:So what they are saying... by pla · · Score: 3, Insightful

      So what they are saying is that anyone outside the US can freely hack US servers without a warrant too. Surely they don't expect special treatment?

      Dingdingding, we have a winner!

      No doubt, China and Russia will react to this announcement with enthusiasm. "Chinese military hacking DOD computers?" No no no, of course not - They just needed to gather some evidence of "blatantly criminal" activity.


      More seriously, that one phrase bothers me more than the entire rest of the post... When we allow our government to substitute "blatantly criminal" for "probable cause", we may as well just save time and install government cameras in our living rooms now.

      "So why do you need this warrant?" "Come on, man, we know he did it!" "Okay, here you go!"

    2. Re: So what they are saying... by Anonymous Coward · · Score: 0

      No governments.
      I assume this would be limited by resopocessoty agreements and international law.

    3. Re:So what they are saying... by Thanshin · · Score: 1

      Surely they don't expect special treatment?

      You do know that US is short for USA and that the A is for America, right?

    4. Re:So what they are saying... by Anonymous Coward · · Score: 1

      No, the A is for "part of North America"

    5. Re:So what they are saying... by Anonymous Coward · · Score: 0

      You are confusing legal and procedural issues with moral issues. There are US laws that prevent the hacking of US computers because US citizens have protections from the government. Non-citizens are not protected by the constitution and have no such rights. The county they reside in may have something to say about it and the international community may have something to say. The fact is, for the purpose of the case, the search was *legal*. Not moral. In other words, the evidence can be used because obtaining the evidence did not violate law.

      We fly into other countries and KILL people without permission and you think accessing a computer without permission is the issue?

    6. Re: So what they are saying... by Anonymous Coward · · Score: 0

      No governments.
      I assume this would be limited by reciprocity agreements and international law.

      It took way too much effort to figure out what that word was, so I fixed it.

    7. Re:So what they are saying... by Anonymous Coward · · Score: 0

      So if I come visit US I have zero rights? Guess I won't be visiting your shitty country.

    8. Re:So what they are saying... by moronoxyd · · Score: 1

      No doubt, China and Russia will react to this announcement with enthusiasm. "Chinese military hacking DOD computers?" No no no, of course not - They just needed to gather some evidence of "blatantly criminal" activity.

      So... Chinese hackers hack into servers of US agencies to find out why US agencies hacked into Chinese servers to find out why Chinese hackers hacked into...

      No, I don't see any problem with that.

    9. Re:So what they are saying... by mrchaotica · · Score: 1

      There are US laws that prevent the hacking of US computers because US citizens have protections from the government. Non-citizens are not protected by the constitution and have no such rights.

      Oh really? Let's take a look at the 4th Amendment in question:

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

      Hmm... that's funny, it says "people," not "citizens." What does that mean? Oh, right, it means it actually applies to all people whether they're US citizens or not!

      Not to mention, that's beside the point because the government is alleging that Silk Road is owned by a US citizen anyway.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    10. Re:So what they are saying... by Anonymous Coward · · Score: 0

      so, they cannot hack me if I live in Colombia?

    11. Re:So what they are saying... by Registered+Coward+v2 · · Score: 1

      So what they are saying is that anyone outside the US can freely hack US servers without a warrant too. Surely they don't expect special treatment?

      Not really. What they are saying is US Constitutional protections do not apply abroad. Wether or not you agree with that statement is a different issue than saying it's OK to hack into a US computer. The agents hacking into the computer could be guilty of violating the laws of the country that hosts the server an subject to prosecution if that country decides to go after them.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    12. Re:So what they are saying... by Anonymous Coward · · Score: 0

      Don't worry about the shitty STDs if you have to vist. I've told that now the TSA has a new batch of comdoms to use with the anal probe.

      Though your electronics probably still will get infected anyway.

    13. Re:So what they are saying... by Anonymous Coward · · Score: 0

      You are confusing legal and procedural issues with moral issues.

      Yes, one should never even try to separate them.

      A legal system that isn't based on morality and strive to follow morality as close as possible is a sure way into a police state.
      For people to respect laws the connection between laws and morals has to be evident. As has been shown again and again, more notably in former Soviet nations, whenever people no longer think that laws and morality is the same then corruption become widespread even among the common man and society degrades.

    14. Re:So what they are saying... by Anonymous Coward · · Score: 0

      The Bill of Rights apply to what the government is restricted from doing. None of the amendments say anywhere that the government are allowed to do those things if it's against non-citizens.

    15. Re:So what they are saying... by Lunix+Nutcase · · Score: 1

      You would be wrong about the Bill of Rights both with respect to James Madison's intent and many decades of jurisprudence. The Bill of rights applies to resident aliens, as an example, just as it does to citizens.

    16. Re:So what they are saying... by msauve · · Score: 0

      Uh, no.

      The very first line of the Constitution helps clarify who they're calling "the people." - "We the People of the United States..."

      Or, are you proposing that non-citizens get to vote in elections, as long as they live in a state? "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States."

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    17. Re:So what they are saying... by Holi · · Score: 3, Informative

      >Non-citizens are not protected by the constitution and have no such rights

      Where do you get this idea?

      Aliens in the U.S. have essentially the same rights as citizens for many purposes because of the 5th and 14th Amendments’ language, but aliens do not have constitutional rights against the U.S. government outside its territory.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    18. Re:So what they are saying... by aaaaaaargh! · · Score: 1

      Well, there are international extradition treaties, trade agreements, (applications) of law, etc. If the US DOJ continues down this path, they will have a hard time getting useful cooperation in legal matters with other countries in the future. Good luck enforcing your treaties and copyright claims abroad. There is only so much injustice and double standards that other countries and their voters will accept, and the legal systems of most countries explicitly prohibit the application of foreign law and law enforcement procedures on their home soil.

      Moreover, hopefully, foreigners conducting business within the US or residing in the US are protected by the constitution and national laws as well, or otherwise companies from abroad would be crazy to deal with your country at all. The USA is not North Korea.

    19. Re:So what they are saying... by Somebody+Is+Using+My · · Score: 5, Insightful

      I came to say exactly this.

      A core precept of US law is that "all people" have certain unalienable rights, be they citizen or not, at home or abroad. The government does not bestow these rights upon us; the US Constitution merely lists the situation in which those rights may be abrogated for the good of a better society. This fundamental belief is also part of the reasoning for US interventionism abroad. While we cannot in all situations ensure those rights to all people, the reasoning (if not actual cause) is that the US should do what it can to prevent those unalienable rights from trampling regardless of whether or not they are US citizens.

      However, this reasoning has an important caveat that is increasingly being ignored (though it's not new): the US must act as if those non-citizens have the same rights and protections as US citizens. While it may be impossible to ensure that every foreign national has free-speech, speedy trial or any of the other rights Americans take for granted, still the US government should not and cannot act against those rights. So the idea that foreigners should not be protected by the need for a warrant is blatantly opposed to the core concepts behind the founding of this country.

      One of the reasons for this shift in policy is not some malign conspiracy of foreigner-hating tyrants but a critical misunderstanding of the relationship between people and the government by its own citizens (including those who work for the government). Too often that relationship is seen as patriarchal: the government dispenses the rights, and therefore it has the right to suspend them, either in whole or in part, affecting some or all of those under its influence, as per its own whim. This is incorrect; not only is it that "We-the-People" voluntarily allow ourselves to be restricted, but as a "people" those restrictions must apply fairly to everyone, not just citizens. Doing otherwise merely creates divisions that can be too easily exploited against ourselves later on.

      It's worth reminding people of the difference.

    20. Re:So what they are saying... by Holi · · Score: 1

      Actually I don;t care whether any of us agree with the statement. It's a moot point since Reid v. Covert, where the Court concluded that U.S. citizens have the same rights against the U.S. government when it acts against them abroad.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    21. Re:So what they are saying... by FireFury03 · · Score: 1

      So what they are saying is that anyone outside the US can freely hack US servers without a warrant too. Surely they don't expect special treatment?

      However, if a US government employee who was somehow involved in cracking a foreign server visited that country, they would presumably still be subject to arrest and prosecution?

      What about extradition? The US has extradited people from their homes after they cracked US servers so they might struggle to argue that US citizens shouldn't be extradited in similar circumstances. Or has "I was breaking the law as part of my job" suddenly become a valid defence?

      And of course "somehow involved" doesn't necessarily mean they were the ones doing the actual cracking - anyone who knew about it and didn't blow the whistle or put a stop to it is surely still responsible. The constitution doesn't apply to non-US nationals, but there are international treaties that say the US has to respect the laws of other countries too.

    22. Re:So what they are saying... by Triklyn · · Score: 1

      rights extend to citizens or peoples within the United states. The first amendment does jack shit for an iranian citizen in iran. An iranian in the US might be extended certain rights, almost certainly the first amendment rights. A US citizen in a foreign country must forfeit those rights in keeping with the host country's laws. that's generally how it's always worked.

    23. Re:So what they are saying... by queazocotal · · Score: 1

      You've got to read it in context.
      Preamble to the constitution:
      'We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.'

      This has in many judgements been found to mean it's only effective in the states.

    24. Re:So what they are saying... by Triklyn · · Score: 1

      you're assuming that government sponsored chinese hackers haven't been trying to and succeeding at performing industrial espionage for the better part of a decade.

      this game isn't played with the same rules. It would be ridiculous to expect a higher standard for the US when our economic security is at stake.

    25. Re:So what they are saying... by queazocotal · · Score: 1

      'A legal system that isn't based on morality and strive to follow morality as close as possible is a sure way into a police state.'

      http://en.wikipedia.org/wiki/J... I see as a shining example of a system that strives to follow morality as closely as possible.

    26. Re:So what they are saying... by RavenLrD20k · · Score: 1

      Um, last I checked the DoJ isn't part of our military and as such does not have the authority to perform acts of war such as invading sovereign territories not controlled by US law; which is exactly what hacking a server not controlled by the US without the permission of said sovereign government is considered. Hell, the DoJ isn't even a spy organisation, we already have other departments for that, so they can't legitimately use that excuse that it was just SOP for intelligence gathering.

      The US needs to eat some serious crow for this and the DoJ needs to be smacked down hard. My cynicism says that either of those things happening is nigh unlikely given the current political climate

    27. Re:So what they are saying... by mrchaotica · · Score: 1

      If the "people" referred to by the 4th Amendment and the "people of the several states" referred to by Article 1, Section 2 were the same group, then there would have been no need to write the "of the several states" part.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    28. Re:So what they are saying... by swillden · · Score: 1

      So if I come visit US I have zero rights?

      No. Aliens in the US have essentially the same civil rights as citizens. Non-citizens outside of the US are not subject to the restrictions or the protections of US law, obviously.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    29. Re:So what they are saying... by mrchaotica · · Score: 2

      The first amendment does jack shit for an iranian citizen in iran.

      The First Amendment restricts what the US Government is allowed to do. The US Government is indeed prohibited from violating the First Amendment rights of an Iranian in Iran. Actions of non-US entities (e.g., the Iranian government), however, are outside the scope of the document -- it's not the US Government's job to stop anybody else from infringing Iranians' rights; only to refrain from doing so itself.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    30. Re:So what they are saying... by mrchaotica · · Score: 2

      Well said! However:

      This fundamental belief is also part of the reasoning for US interventionism abroad.

      That may indeed be part of the reasoning for interventionism, but such reasoning is faulty. The Constitution says that the US Government is prohibited from infringing people's rights, but it doesn't say that the US Government is obligated to prevent (or indeed, even justified in choosing to prevent) other sovereign states from infringing on people's rights.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    31. Re:So what they are saying... by Anonymous Coward · · Score: 0

      Not to mention stretching the Constitution itself from one of enumerated powers to the opposite - one of ENUMERATED LIBERTIES where the only protection is the Bill of Rights has been going on for 100+ years for JUST THIS PURPOSE.

    32. Re:So what they are saying... by TheCarp · · Score: 3, Informative

      I prefer the excuse to the reasoning. I remember listening to a speech by Bush where he was making the case for war and talking about liberty and it just turned my stomach. The thought in my head was "If I believed that you actually believed a word you were saying, I might be with you".

      Its like I always like to point out with the civil war. We know the Emancipation Proclamation would have allowed slavery to continue. We know there were 4 slave owning states still in the Union and any who rejoined before the deadline would be able to keep slavery alive. The war was not fought (by the Union) over slavery.

      This is why i dislike Lincoln and call him a terrible president. The country should be able to break up, the several states deserve the right to make that choice. Had the war been, from day one, a war of liberation against slavery, fuck, I would paint that man a hero for the ages....but he didn't...it was a war against self determination.

      In the end, you have to seperate the window dressing from the structure and not be so in love with the trappings that you ignore the rotting beam under the floor boards.

      --
      "I opened my eyes, and everything went dark again"
    33. Re:So what they are saying... by Richy_T · · Score: 1

      I'm sure this is somewhat of an incident of (understandable) myopia by the founding fathers. The US government was to be responsible for what happened within its borders and could not control what was happening outside and the constitution was written with a somewhat isolationist view of the US. They could not possibly have envisioned the kind of interconnectedness of our communications (nor indeed the capabilities of military weaponry) so it was not written with the rights of those outside of the US in mind at all.

      I'd like to think that if they had had more foresight, they would have been a little more broad in the rights protected by the constitution and would have been more comprehensive on restricting how the US government would operate abroad (except, perhaps, during a war legally authorized by congress). Or maybe they were just all Xenophobes. Either way, the constitution is written as it is written and offers little protection for non-US citizens.

    34. Re:So what they are saying... by Archtech · · Score: 1

      "So if I come visit US I have zero rights? Guess I won't be visiting your shitty country".

      That's been well known for years. But not visiting the USA won't necessarily help. Drones. Assassination. Character assassination (like getting two women to complain that you raped them, when in fact everything was consensual). All sorts of dirty underhanded undercover tricks - the CIA has been thoroughly enjoying them for decades.

      In the long run, the only solution is to stop using dollars and everything connected with them. Stop buying American goods and services, stop dealing with US corporations. Once the dollar ceases to be a global reserve currency, the USA will have to go back to being a normal country. (Unfortunately, it will also be bankrupt many times over, but you can't make an omelette without breaking eggs).

      --
      I am sure that there are many other solipsists out there.
    35. Re:So what they are saying... by Archtech · · Score: 3, Insightful

      So if I come visit US I have zero rights?

      No. Aliens in the US have essentially the same civil rights as citizens.

      So if he comes to visit the US he has zero rights.

      --
      I am sure that there are many other solipsists out there.
    36. Re:So what they are saying... by RavenLrD20k · · Score: 1

      US is short for USA and is fully United States of America indicating that the United States is a single country that resides on the continent of America (more specifically North America, and thus the sovereign limits of our laws are limited only to the country that is the United States; not the entire continent of North America. We as a nation cannot dictate policy for Canada or Mexico (though we sure as hell try, and often succeed in, influencing it) who we share the North American continent with.

      Given this fact the DoJ does not have legal jurisdiction over anything outside of the borders of the United States or its territories without the express permission of agencies of those other nations. Only the United States Military, by order of Congress or through declaration of a Police Action by the President of the United States (until this power is successfully challenged by the other branches of government, this is a power that the office is allowed), can be officially authorized to perform actions against other Sovereign territories, which include hacking computer infrastructure not within US territory. While it can be argued that the NSA and CIA have performed such actions and are not part of the military, unless they're performing in the capacity of military consultants, they very rarely are given any "official" operations off of US soil. The DoJ doesn't have that option. Either they drop the evidence because it was collected as part of an operation that doesn't exist (therefore the evidence can't exist), or the operation did exist and the DoJ went rogue by going against foreign policy...and thus performed an illegal operation against the Doctrine set forth in The Constitution (Article one, Section 8) and the evidence should not be used (a decent defense lawyer should be able to successfully make this argument and turn my ambiguous "should not" into a firm "cannot").

      Other nations could legitimately see this action as an act of war perpetrated by the United States as a whole and would be well within their rights to call us on it by whatever means they deem necessary. We should be eating crow for this and heads in the DoJ need to roll for going rogue, but whether any other country would be brave enough to step up against us in this is very unlikely... unless this was perpetrated against a 2nd world country (Russia, China, etc...), then you can bet we're going to see some form of retaliation.

    37. Re:So what they are saying... by Archtech · · Score: 4, Insightful

      "It would be ridiculous to expect a higher standard for the US when our economic security is at stake".

      In other words:

      We believe wholeheartedly in freedom, democracy, and human rights... unless that looks as if it might lose us some money - in which case forget about it.

      --
      I am sure that there are many other solipsists out there.
    38. Re: So what they are saying... by Archtech · · Score: 1

      "resopocessoty"

      Gets my vote for best neologism of the millennium!

      --
      I am sure that there are many other solipsists out there.
    39. Re:So what they are saying... by Archtech · · Score: 1

      "The agents hacking into the computer could be guilty of violating the laws of the country that hosts the server..."

      Not so fast. A government cannot instruct its employees to commit illegal acts and then disown them when trouble ensues. In so far as they are government employees, their actions are actions of the government of the USA. If those actions involve harm to a foreign nation or its citizens, beyond a certain level, they are acts of war.

      --
      I am sure that there are many other solipsists out there.
    40. Re:So what they are saying... by bleh-of-the-huns · · Score: 1

      Actually, anyone traveling legally in the US is protected by the US Constitution. Note I said protected, not afforded all the rights, like right to vote. So yes, a foreign person traveling on US soil is still protected by the 4th Amendment. The US gets around this by declaring a person an enemy combatant, and then all protections go out the window.

      --
      I came, I conquered, I coredumped
    41. Re:So what they are saying... by Anonymous Coward · · Score: 0

      They should hire foreign hacker to hack US servers without a warrant.

    42. Re:So what they are saying... by swillden · · Score: 1

      So if I come visit US I have zero rights?

      No. Aliens in the US have essentially the same civil rights as citizens.

      So if he comes to visit the US he has zero rights.

      Nonsense. Oh, I'll grant that we've seen significant and worrying erosion of our rights, but hyperbole is not helpful.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    43. Re:So what they are saying... by tehcyder · · Score: 1

      A core precept of US law is that "all people" have certain unalienable rights, be they citizen or not, at home or abroad.

      If that was true, the US would have no justification in prosecuting wars overseas, as killing a foreign civilian (or soldier) would be the same as killing a US one.

      Life, liberty and the pursuit of happiness are not inalienable rights, they're goals for human beings to aim towards in an indifferent universe.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    44. Re:So what they are saying... by Archtech · · Score: 1

      "What about extradition? The US has extradited people from their homes after they cracked US servers so they might struggle to argue that US citizens shouldn't be extradited in similar circumstances".

      Yes, that has happened countless times. However, the USA is often very reluctant indeed to reciprocate. Indeed, while very keen on kidnapping foreign heads of state for trial by the ICC, it has formally declared that no American can ever be tried there; and if any American were ever to be brought before the court, he would be rescued by military force.

      http://en.wikipedia.org/wiki/U...
      http://en.wikipedia.org/wiki/A...
      https://www.greenleft.org.au/n...

      etc., etc. ad nauseam.

      --
      I am sure that there are many other solipsists out there.
    45. Re:So what they are saying... by drinkypoo · · Score: 1

      So what they are saying is that anyone outside the US can freely hack US servers without a warrant too. Surely they don't expect special treatment?

      No, that is not what they are saying. What they are saying is that the fourth amendment to the constitution of the united states does not describe a human right. It describes a right enjoyed only by USian citizens, and only while on U.S. soil.

      Our government will still consider any hacking attempt an act of war, if it feels like it.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    46. Re:So what they are saying... by drinkypoo · · Score: 1

      'We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.'

      I'm sure this is somewhat of an incident of (understandable) myopia by the founding fathers.

      In order to do all those things, you sometimes have to take actions regarding other nations. Provide for the common defence, for example, provides ample excuse to do basically anything on the world stage; but it's nothing compared to promote the general Welfare. That could excuse anything.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    47. Re:So what they are saying... by AmiMoJo · · Score: 1

      It describes a right enjoyed only by USian citizens, and only while on U.S. soil.

      That is one of the most fundamental problems with the US. It has no concept of human rights, or even any rights for non-US citizens. If you ever wonder why people hate the US so much, it's because it considers them sub-human and far below its own citizens.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    48. Re:So what they are saying... by drinkypoo · · Score: 1

      Nonsense. Oh, I'll grant that we've seen significant and worrying erosion of our rights, but hyperbole is not helpful.

      Every single right in the bill of rights has been eroded or outright invalidated by some action of the federal government, within our lifetimes. Items like NDAA and the U SAP AT RIOT act have seen to that rather conclusively. You have no rights.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    49. Re:So what they are saying... by drinkypoo · · Score: 1

      That is one of the most fundamental problems with the US. It has no concept of human rights, or even any rights for non-US citizens. If you ever wonder why people hate the US so much, it's because it considers them sub-human and far below its own citizens.

      Oh, you mean like most nations? Like England, for example, in which seditious speech is no longer a crime for citizens, but it is for everyone else?

      In any case, the Bill of Rights is meant to be a partial enumeration of human rights. Every single right which we consider a human right is meant to be extended to all. Problem is, like all governments, we only believe in rights so long as they are expedient. We write a right to life into the constitution and then we kill people for legal violations. But how does that really differ from anyone else? Every nation has different rules for citizens and non-citizens. If they didn't, they wouldn't even need the concept of citizenry.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    50. Re:So what they are saying... by Jaime2 · · Score: 1

      What special treatment? When the Chinese hack American servers, we don't ask if they had a Chinese warrant to do it. Why would anyone expect any other country to care if the US did or did not have a warrant. This isn't a license to hack international servers with impunity, it's a license to attack international servers with being punished by the US government. That's a pretty weak license.

      So, what this boils down to is: If China hacks our servers and they didn't do the right Chinese paperwork, then they're in trouble with the Chinese government. If they did do the right paperwork, then they're not. But, the US will be pissed either way.

    51. Re:So what they are saying... by swillden · · Score: 1

      Your first sentence and second sentences are true, but only within certain contexts. Your third sentence is a non-sequitur.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    52. Re:So what they are saying... by timeOday · · Score: 1

      So what they are saying is that anyone outside the US can freely hack US servers without a warrant too. Surely they don't expect special treatment?

      Come on, you already know the answer to this one, say it with me now... "They already were hacking us, after all they're the Bad Guys! But even though we're the Good Guys, we just can't afford to show such once-sided deference any longer!"

      It should also be noted that the conundrum can also be resolved by secrecy. Our actions won't provoke a response if they aren't known! So the real problem (or at least the most pragmatic) isn't what we did, it's that broken "justice" system that dragged it out into the light to stir up trouble. Well, we can fix that can't we...

    53. Re:So what they are saying... by Hydian · · Score: 2

      Maybe you need to read the entire thing? The constitution originally left voting rights up to the states to sort out individually. It was the 14th amendment adopted in 1868 that universally set the male, 21, born or naturalized citizens standard. Technically, that doesn't stop the states from still doing what they want though. They could allow non-citizens to vote if they really wanted to. It is a right and there is nothing in the constitution that prohibits it.

      The full list of protections from Wikipedia:

      These extensions state that voting rights cannot be denied or abridged based on the following:

      Birth - "All persons born or naturalized" "are citizens" of the United States and the U.S. state where they reside (14th Amendment, 1868)
      "Race, color, or previous condition of servitude" - (15th Amendment, 1870)
      "On account of sex" - (19th Amendment, 1920)
      In Washington, D.C., presidential elections (23rd Amendment, 1961)
      (For federal elections) "By reason of failure to pay any poll tax or other tax" - (24th Amendment, 1964)
      (For state elections) Taxes - (14th Amendment; Harper v. Virginia Board of Elections, 383 U.S. 663 (1966))
      "Who are eighteen years of age or older, to vote, shall not be denied or abridged by the United States or by any state on account of age" (26th Amendment, 1971).
      Requirement that a person reside in a jurisdiction for an extended period of time (14th Amendment; Dunn v. Blumstein, 405 U.S. 330 (1972))[3][4][4]

    54. Re:So what they are saying... by Hydian · · Score: 2

      But that isn't how the constitution functions mechanically. It doesn't apply to people. It applies to the government's behavior.

      Every person has the same rights no matter who they are, where they are, what country they belong to, etc. The constitution restricts how our government may infringe upon those rights. Those restrictions are universal except in the few cases where an exception is carved out.

      So when trying to figure out how it is applied, you simply look at it without considering who the subject is. Then you see if there are any exceptions that would apply in that case to allow the government to behave differently. If not, then there is no difference and you act accordingly. If there is an exception, then you can move in that direction. It is fairly simple stuff.

    55. Re:So what they are saying... by drinkypoo · · Score: 1

      Your first sentence and second sentences are true, but only within certain contexts. Your third sentence is a non-sequitur.

      Only if you don't comprehend the concept of rights. If they can be denied you, especially by your government, they aren't rights. If my first and second sentences are true, even only within certain contexts, then my third sentence is proven.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    56. Re:So what they are saying... by Hydian · · Score: 1

      The constitution does not grant rights.

    57. Re:So what they are saying... by bleh-of-the-huns · · Score: 1

      Sure it does, right to privacy, right to vote, right to not self incriminate. Whether through the original, or amendments to the Constitution, those are all rights.

      --
      I came, I conquered, I coredumped
    58. Re:So what they are saying... by Triklyn · · Score: 1

      I'm almost positive that our constitution does not prevent our government from infringing the rights of foreign nationals in foreign nations. Congress shall pass no law... etc, passing a law that covers people outside your legal jurisdiction would be pointless.

    59. Re:So what they are saying... by Anonymous Coward · · Score: 0

      Slavery's abolition was a tactic that would hurt the Union less than the Confederacy and thus served the Union's ends.

      On the other hand, if we do claim any sort of moral basis for our societies, we can't really say 'well, we have human rights, but these poor bastards in don't really because we aren't going to stand up when theirs are trodden upon'. Then all we're really saying is we want to be treated specially but we don't give a flying fig about our fellow humans.

      That's why I have an issue with Liberals wanting to see us not intervene when populations are being slaughtered the world over, where oppression rules, and so on. Ultimately, they claim to respect human rights but they aren't willing to put boots on the ground and crack heads to protect the lives and liberties of anyone. They are intellectual sophists with no moral center.

      I'm not saying you can militarily convert a region into something you want it to be (a representative democracy) unless you are prepared to blow it flat, break the people, and enforce your view of how things should be rebuild (e.g. Japan at the end of WWII) and then spend decades and billions or trillions rebuilding them and helping them prosper in the new format (at which point people will be happy enough to let it sustain quite likely). That's a tough thing to manage.

      What you can do with boots on the ground is save lives. Darfur needed that. So have a number of other genocides. A few brigades of modern forces could have stopped hundreds of thousands of deaths. Millions if you count the conflicts this could have been done in.

      But they weren't sitting on oil. And thus the Republicans/Conservatives are as big of hypocrites and self serving bumholes and the Liberals/Democrats.

    60. Re:So what they are saying... by Triklyn · · Score: 1

      well, yeah, we believe in freedom and democracy and human rights for our people first.

      When the democratically elected leader of a nation wants to kill americans. My government better damn well not respect their democratic process. Economically speaking, if it's a zero sum situation i expect my government to look out for "my" interests.

      if there's a humanitarian situation, my government better not let instability in a region spread and destabilize the rest of it. Altruism is good, but it's also not practical or political for its own sake. there's always an upside to stability and peace, pretending there's not is both naive and evil.

      being about humanitarian causes is good, but not at the cost of your economic growth. good stable societies are better suited to technological growth... you know i'm assuming.

    61. Re:So what they are saying... by mrchaotica · · Score: 1

      passing a law that covers people outside your legal jurisdiction would be pointless

      Indeed, precisely because the US Government acting outside its legal jurisdiction is unlawful (by definition!).

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    62. Re:So what they are saying... by IndustrialComplex · · Score: 1

      The US government is bound by the Constitution even you were discussing it's authority to perform an action in the next galaxy. As the US Constitution defines the powers granted to the government, any attempt to declare that the Constitution does not apply will also invalidate any authority that the government has as the authority is derived from the Constitution.

      Also, don't confuse laws with rights. The laws of the US may or may not apply in certain conditions, but the Constitution ALWAYS applies if it is an action by the US Government.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    63. Re:So what they are saying... by TheCarp · · Score: 1

      I agree with you most of the way except at the start, you missed what I was saying and one minor, but very important bit of reality.... slavery abolishment was NOT a tactic at all. The Emancipation Proclamation did not free a single slave on the day it was passed. It specifically was an attempt to use the threat of abolishion and give a path to avoid it.

      That said, its like I said, I would support some of these wars if not for 2 things. 1. I don't believe the stated reasons for them are the real ones and 2. I don't have faith that these military solutions work. Its kind of like being a first responder who shows up to the scene, does some first aid, and then leaves the victims laying on the ground, banadaged up, hoping someone else will come along and finish the job.

      Honestly, I am skeptical we can do more good than harm with how we engage and why we engage. A lot of this is trust. I don't trust the intentions or judgement of the people making the decisions and trust they are more likely to cock it up than help.

      --
      "I opened my eyes, and everything went dark again"
    64. Re:So what they are saying... by Tharkkun · · Score: 1

      So what they are saying is that anyone outside the US can freely hack US servers without a warrant too. Surely they don't expect special treatment?

      Has not having a warrant ever stopped other countries from hacking the US? No. I don't see how this changes anything.

    65. Re:So what they are saying... by nedlohs · · Score: 1

      The constitution is not granting those rights. They are inalienable preexisting self evident natural rights. The constitution merely says that the people have not surrendered those rights (which given they are inalienable shouldn't be necessary to state in the first place) and thus the Government can not infringe upon them.

      And no that is not just a "technicality". This belief that the constitution grants rights is one of the factors that ha seen those very rights infringed upon.

      The people have granted things to the government, not the other way round.

    66. Re:So what they are saying... by Anonymous Coward · · Score: 0

      We have given the US government the right to kill its own citizens, if it is for the betterment of the society as a whole (e.g., protection of the rights of the majority). That's why we arm our cops with guns and was a root justification for military intervention during the South's attempt to secede.

    67. Re:So what they are saying... by Registered+Coward+v2 · · Score: 1

      Actually I don;t care whether any of us agree with the statement. It's a moot point since Reid v. Covert, where the Court concluded that U.S. citizens have the same rights against the U.S. government when it acts against them abroad.

      Except Reid v. Covert as you point out, relates to US citizens. The property searched was not that of a US citizen and thus Reid v. Covert wouldn't apply, even though they found evidence to be used against a US citizen. The evidence was in the possession of a non-US citizen, i.e. the owners of the server, and thus enjoy no protection; at least that would be the argument the US seems to be making.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    68. Re:So what they are saying... by Anonymous Coward · · Score: 0

      More importantly,

      The authority of the FBI derives from the US constitution . Under any condition where the Constitution does not have jurisdiction an FBI agent has no authority to act beyond that possessed by a normal civilian (potentially less since most FBI agent aren't citizens of foreign nations).

    69. Re:So what they are saying... by Anonymous Coward · · Score: 0

      What about capitalist lobbying? Does this not skew "we the people" into said malignant policies?

    70. Re:So what they are saying... by david_thornley · · Score: 1

      The Emancipation Proclamation was, I believe, primarily a political act intended to keep Europe from intervening on the Confederate side. Britain, for example, had more ties and more original sympathy for the South, but politically could not intervene in favor of slavery. Nobody expected Confederate states to defect under the threat, partly since Lincoln was a known abolitionist and few people expected the USA to allow slavery for long in any case. Given the Union advances and victory, it did eventually succeed in freeing a lot of slaves.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    71. Re:So what they are saying... by david_thornley · · Score: 1

      There is provision for war in the constitution. Whether or not it is Constitutional to assassinate a non-citizen not in the US without due process of law, it is to shoot that person in a war.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    72. Re:So what they are saying... by NewYork · · Score: 1

      http://qz.com/276705/where-in-the-world-people-want-to-work-abroad/

    73. Re:So what they are saying... by TheCarp · · Score: 1

      It did, but it also took the conquered land for its own, and refused to leave the confederate states government in tact. None of which was justified. The war was never about freeing the slaves, it was for much more terrible purpose of maintaining power for the central government.

      --
      "I opened my eyes, and everything went dark again"
  7. Is anyone shocked? by aeranvar · · Score: 1

    While I haven't looked at the court documents, I can't help but think that someone needs to get charged with perjury for providing false testimony for the original story they were pushing.

  8. Still lyin' by Anonymous Coward · · Score: 0

    While the FBI is dancing around, it is obvious that this is another "reconstructive" chain of evidence. The server is on TOR, so the location is masked. The FBI knows that it isn't inside the US... How?

    1. Re:Still lyin' by plover · · Score: 3, Informative

      The server is on TOR, so the location is masked. The FBI knows that it isn't inside the US... How?

      What makes you think a Tor server can't be hacked? Tor is just a network protocol that masks the source and destination addresses of a connection. It is not magical hack-proof server sauce.

      In the case of the Silk Road, the server was hacked to do at least one thing: the law enforcement agency added malicious javascript that caused browsers who connected to their servers to cache that script. Then, when the hapless drug buyer disconnected from Tor, the script remained in their cache, and when they reconnected to a regular network connection, the script phoned home from their real IP address. That's how they identified buyers on the Silk Road. But if they've hacked the server, it is not hard to believe they didn't also determine its real IP address.

      --
      John
    2. Re:Still lyin' by Anonymous Coward · · Score: 0

      Mmmmmm hack proof server sauce *drool*

  9. Sovereignty Issues ? by Punko · · Score: 3, Insightful

    Usually a foreign property search requires the permission of that country to pre-approve the search. I very much doubt the US requested permission. Violating another country's sovereignty should never be taken lightly.

    --
    If only we could fall into a woman's arms without falling into her hands
    1. Re:Sovereignty Issues ? by malvcr · · Score: 1

      The problem with this type of behaviour is that the consequences are never the best ones.

      The Internet could become a more dangerous place to be and the security measures the others, than the US, will take will make the traditional openness of the Internet a thing of the past, reducing the universality of the medium.

      Although, if you think carefully, this stuff was partly developed by DARPA, so wouldn't be strange that what we see today in the news was in fact part of the hidden goals when they participated creating the Internet. It is simple. It is easier to observe people in a wire than in the open wild.

    2. Re:Sovereignty Issues ? by Anonymous Coward · · Score: 0

      Yes, but the complaining party for that would be the sovereign party itself, not the defendant in a criminal trial in the US.

      So yeah, the government of Australia, or Japan, or Fuckmeastan can call the Secretary of State and bitch about it, but odds are they won't, or the US will say, uh-huh, so what about when you did it?

    3. Re:Sovereignty Issues ? by Registered+Coward+v2 · · Score: 2

      Usually a foreign property search requires the permission of that country to pre-approve the search. I very much doubt the US requested permission. Violating another country's sovereignty should never be taken lightly.

      Which is a separate issue form the one that is being argued. The country could have given permission to US law enforcement to access the server; however that would not answer the question "Does Fourth Amendment protections apply in the case of a non-US search and seizure?" The answer to the later could be yes and thus the search illegal even with host country permission.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    4. Re:Sovereignty Issues ? by Anonymous Coward · · Score: 0

      IANAL, but it seems to me that legally you can't pick and choose which legal structure applies when prosecuting someone. I.e., if you're claiming authority to prosecute under the US Constitution, the structures governing that authority to prosecute apply too. I.e., you can't claim that no warrant is needed, but that you can make seizures of persons and/or property; conversely, you can claim no warrant is needed, but then where is your authority to make such seizures? (Seen another way, shouldn't that be under the jurisdiction of the military or state department, not the DoJ?)

      This isn't even getting into issues of how this is effectively damaging national security by damaging foreign relations. I'm sure the damage done by the indiscriminate NSA mass data collection far outweighed whatever benefits there were.

  10. Diplomatically risky, though possibly legal by Anonymous Coward · · Score: 1

    US Constitution does not protect foreigners outside US jurisdiction, so it's not a violation. It may be a violation of treaty (which is a violation of law) or may be legally clear.

    Just as pr0n resulted in rapid evolution of UI tech, excess by governments will result in rapid evolution of security, e.g. Apple and Android mobile devices.

    1. Re: Diplomatically risky, though possibly legal by bill_mcgonigle · · Score: 2

      this is nonsense. The US Constitution only grants the power explicitly delegated to the federal government - other powers fall to the States and the people. Any protections listed are based on natural rights which are inherent in the human being, not in a citizenship, and so apply equally to all humans.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    2. Re:Diplomatically risky, though possibly legal by Anonymous Coward · · Score: 0

      US Constitution does not protect foreigners outside US jurisdiction, so it's not a violation

      The U.S. Constitution is not what is relevant here. The laws of the country in which the hacked server is are what matters. That is where the likely illegal acts have been performed.

    3. Re:Diplomatically risky, though possibly legal by IndustrialComplex · · Score: 1

      The US Constitution applies anywhere that the US Government is involved. The authority of the government to act is directly derived from the US Constitution. It doesn't matter if it is acting in in Iowa, Japan, or Jupiter, if the US government is doing something, the Constitution applies.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    4. Re: Diplomatically risky, though possibly legal by houghi · · Score: 1

      The constitution is only a piece of paper. Only if it is acted upon does it become something else.

      --
      Don't fight for your country, if your country does not fight for you.
  11. All your data is belong to US by Anonymous Coward · · Score: 0, Informative

    So basically they just said that if it does not belong to a US entity it's fait game.
    All your transient communications
    All the embassies (Considered foreign lands)

    Thanks US government for making it easy for me to convince my employers not to chose US data centers.

  12. But what if I'm in a boat, submarine, airplane? by Anonymous Coward · · Score: 0

    "it doesn't need warrants to hack servers hosted on foreign soil"

    My feet aren't touching any soil, so... What then?

    1. Re:But what if I'm in a boat, submarine, airplane? by RavenLrD20k · · Score: 1

      I know you're making a joke here but just to be a pedant: it can and has been argued that feet touch the soil by extension of whatever clothing, platform or cushion are providing support between the foot and the dirt. This includes bodies of water, concrete, shoes, trees...etc.

  13. American Exceptionalism by maynard · · Score: 5, Insightful

    How do US authorities feel about foreign nations hacking into US military and corporate computers? For example, this story: Chinese authorities hacked into Pentagon and other sensitive computers:

    China’s military hacked into computer networks of civilian transportation companies hired by the Pentagon at least nine times, breaking into computers aboard a commercial ship, targeting logistics companies and uploading malicious software onto an airline’s computers, Senate investigators said Wednesday. ...

    A yearlong investigation announced by the Senate Armed Services Committee identified at least 20 break-ins or other unspecified cyber events targeting companies, including nine successful break-ins of contractor networks. ...

    Earlier this summer, in an apparently unrelated investigation, the US accused five members of the Chinese military of hacking computers for economic espionage purposes. It accused them of hacking into five US nuclear and technology companies’ computer systems and a major steel workers union’s system, conducting economic espionage and stealing confidential business information, sensitive trade secrets and internal communications for competitive advantage.

    I'm guessing they don't like that. Which perhaps is what the United States means by "American Exceptionalism".

    1. Re:American Exceptionalism by goulo · · Score: 1, Informative

      American exceptionalism justifies murdering foreign people (some intentionally targetted, some as regretable collateral damage) in foreign countries at will with no due process, so hey, hacking into a server with no due process is small potatoes in comparison. And so the Overton window shifts further and further...

    2. Re:American Exceptionalism by N1AK · · Score: 1

      How do US authorities feel about foreign nations hacking into US military and corporate computers?

      As absolutely wrong as their position is ethically I don't think there's quite the hypocrisy being claimed. I doubt the Chinese are punishing the people hacking into American servers for them either, warrant or not. In theory a US warrant shouldn't even be valid for a server in the UK, so the FBI is commiting a crime in Britain by hacking a machine that is located there without a UK warrant. The question is whether the laws of the country the server is in make what the FBI did criminal, whether the country is willing to take it to court and whether they can do anything about it anyway.

    3. Re:American Exceptionalism by CrimsonAvenger · · Score: 1

      1) It is not a violation of US law to hack into Chinese computers.

      2) It is not a violation of Chinese law to hack into US computers.

      Neither of the above imply in any way that it's not a violation of Chinese law to hack into Chinese computers, or a violation of US law to hack into US computers.

      Which means that the Americans who hacked into the Chinese computers should not go to China, nor should the Chinese who hacked into American computers go to the USA.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    4. Re:American Exceptionalism by Anonymous Coward · · Score: 0

      > the Overton window...

      The Washington Post didn't like it.

    5. Re:American Exceptionalism by Anonymous Coward · · Score: 0

      The question is whether the laws of the country the server is in make what the FBI did criminal, whether the country is willing to take it to court and whether they can do anything about it anyway.

      I suppose we'll get that answer when the next time Scotland Yard officers visit FBI headquarters, usb sticks in hand. "Keylogger? What?!?! No! No! Just the latest from Charli XCX. Never heard? Oh, you absolutely must give this a whirl!"

    6. Re: American Exceptionalism by cyber-vandal · · Score: 1

      I wonder if Gary McKinnon can use that defence? After all he hacked into the US DoD looking for evidence of a UFO cover up.

    7. Re:American Exceptionalism by Anonymous Coward · · Score: 0

      It's known that drone operators can be charged with murder if they travel outside of the U.S., so they get a large salary (200k+) as compensation for being effectively trapped in one country for life. I hope that FBI hackers are aware of a similar risk and are asking for adequate compensation.

    8. Re:American Exceptionalism by Anonymous Coward · · Score: 0

      It is not a violation of US law to hack into Chinese computers.

      Are you sure? How does that work? I'm assuming you mean that hacking into Chinese computers while being in the US is not a violation of US law. If the acting person is in the US, then US law should generally apply. Does every law against hacking have an exception like "unless the target is in a foreign country, then it's OK"?

    9. Re:American Exceptionalism by gstoddart · · Score: 3, Insightful

      But it also means that if someone does hack into US computers, the US should not be looking to extradite or otherwise seek redress.

      Because if it's legal for you guys to do it, you have no leg to stand on when someone else does it to you.

      But, that's OK. Because the US will just call in a drone strike, and if a few civilians have to die, that's just the cost of doing business.

      Of course, the problem with that, is someone else might decide that your civilians are a valid target.

      An eye for an eye leaves everybody blind.

      I really worry that the road the US is heading down is one of "we don't give a crap about you, your country, or your laws, as long as we have what we want". At which point the US is really not entitled to any sympathy from the rest of the world.

      And, as we've seen over the last decade or so, they might actually be creating more animosity towards themselves.

      They're certainly losing support and sympathy from the rest of the world who doesn't agree that our rights are secondary to their security.

      So, while I understand why the US is in this mess ... I simply am not prepared to cede my rights to yours.

      I used to admire America and what she stood for. Now I'm looking at her and thinking ... wow, what a train wreck. And a train wreck which is becoming scary and dangerous, and in a very big rush to bring on the dystpoian future of a ruthless, paranoid surveillance state.

      Papers please comrade. In my lifetime, America has begun to morph into what they've always stood against. And they're fast becoming scarier than what they used to stand against.

      --
      Lost at C:>. Found at C.
    10. Re:American Exceptionalism by MitchDev · · Score: 1

      As an American, I'm sickened by what America has become.

    11. Re:American Exceptionalism by Anonymous Coward · · Score: 0

      That's why more and more people are taking exception to the way it's government is acting.

    12. Re:American Exceptionalism by Triklyn · · Score: 1

      :) my government is there to protect my rights, not yours.

      I always laugh when i see my government spying on other governments and those other governments getting snippy.

      the crime is never the spying, it's the getting caught. My government is there to protect my rights, spy if they must, kill if they really must, but protect me. Your government is also doing the same, and it's at its leisure to spy on me, kill me if they can swing it and decide i'm a terrible threat, or whatnot. This is what i pay for, this is what i expect. They are not "my government" because they value my life and liberties equal to yours.

      When did we get the impression that governments weren't supposed to spy on each other? when did we get the impression that the world was so... innocent? trust but verify :)

    13. Re:American Exceptionalism by Triklyn · · Score: 1

      in soviet russia, no discussion would take place. yes hyperbole is fun, but it's also wrong. Stood against totalitarianism, communism and fascism. We are nowhere near that, and will never be, because at least we're having the conversation about how to proceed.

      You're looking at the growing pains of navigating tricky waters in an increasingly complex world.

      How to fight terrorism? can't declare war, nation-states aren't the enemy. How to fight radical islam, without appearing to condone religious discrimination. How to fight organized crime in an increasingly technological world, where the old laws don't suffice? How to protect national economic interests in an increasingly global economy?

      This is being brought up in court you pissant, don't be facetious.

    14. Re: American Exceptionalism by Anonymous Coward · · Score: 0

      Going after crooks, vs. Going after a nation's defense plans, utility infrastructures, etc are slightly different.
      And considering that nearly all nations spy on each other, many times with knowledge by the other, would mean that your statement is just more BS.

    15. Re:American Exceptionalism by swillden · · Score: 1

      It is not a violation of US law to hack into Chinese computers.

      Are you sure? How does that work? I'm assuming you mean that hacking into Chinese computers while being in the US is not a violation of US law. If the acting person is in the US, then US law should generally apply. Does every law against hacking have an exception like "unless the target is in a foreign country, then it's OK"?

      No exception is required. It's a question of jurisdiction. Hacking of computers in China is in the jurisdiction of Chinese courts and handled under Chinese law.

      Suppose I (a US citizen) fly to China and commit a murder. Would you expect US law to be used to convict me in a US court? Obviously not. It's up to China to police murders in their own country, even if the murderer is a foreigner. In the case of breaking into a computer the question of jurisdiction is a little trickier, since I can sit in my bedroom in the US and hack a computer in China. Where did the break-in take place? Under whose jurisdiction is the crime?

      As a matter of legal theory and pragmatism, the crime is assumed to have taken place in China, not in my bedroom. The legal theory part is that criminal prosecution is about reducing crime, not about punishing criminals. The US has no reason to be concerned in general about reducing crime in China, including hacking, and so has no interest in prosecuting one of its own citizens for that crime (though if the US learns of it, the government may well have an interest in keeping an eye on me in case I decide to hack domestic computers). The pragmatic part is that US officials can't effectively investigate crimes on foreign soil, since they have no authority there. It's hard for US officials to even know that a crime was committed in China, much less to gather the evidence required for a prosecution.

      Another, related, issue, is that many acts that I might be able to commit by remote control in another country may not be illegal there, or may be illegal there but not here. Laws differ.

      On top of all this domestic criminal law, we have to overlay international law and the international agreements that support it, as well as other international agreements and issues of international relations. The US could enter into an agreement with China saying that the governments will not hack one another. That still wouldn't make it a crime under US law for me (a private citizen) to hack a computer in China, unless that was part of the terms of the treaty, and the treaty was properly ratified by the Senate (or, more likely, separate legislation was passed to criminalize hacking of computers in China). Or the agreement could just specify that in cases of computer hacking on Chinese soil the US would agree to extradite US citizens to China for prosecution in China. That's more likely, due to the pragmatic difficulty-of-investigation issue above.

      The US and China haven't made any such agreements, of course, which means hacking incidents, particularly those carried out by government agents, end up being a point for international political posturing and negotiation. That's what the US was doing when it accused members of the Chinese military of hacking US computers. In the case at hand, the FBI is (correctly) arguing in domestic court that what they did is not a crime, and the US government is arguing on the international stage that this sort of thing is okay and shouldn't make anyone mad because it's needed to bring criminals to justice. That's a shaky argument, but there are no questions of law, just of international relations.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    16. Re: American Exceptionalism by WindBourne · · Score: 1

      You are right that no laws were broken. OTOH, it can be considered acts of war when it moves from spying to direct attacks on systems.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    17. Re:American Exceptionalism by swillden · · Score: 1

      But it also means that if someone does hack into US computers, the US should not be looking to extradite or otherwise seek redress.

      No, what it means is that if foreign police hack into a US computer to gather evidence on a foreign criminal, the US should not be looking to extradite or otherwise seek redress... and the US may actually agree with this argument.

      But, that's OK. Because the US will just call in a drone strike, and if a few civilians have to die, that's just the cost of doing business.

      Not likely. Note that I'm sickened by my government's tendency to bomb with abandon, but there's no way the US is going to be targeting drone strikes at legitimate officials of recognized foreign governments.

      Papers please comrade. In my lifetime, America has begun to morph into what they've always stood against. And they're fast becoming scarier than what they used to stand against.

      I wish I could disagree... I do have some hope, though, that the pendulum is beginning to swing the other direction.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    18. Re:American Exceptionalism by dcollins117 · · Score: 1

      1) It is not a violation of US law to hack into Chinese computers.

      I'm not so sure of that. There have been a a number of amendments over the years to the Computer Fraud and Abuse Act. One in particular broadens "the definition of "protected computer" in 18 U.S.C.1030(e)(2) to the full extent of Congress's commerce power by including those computers used in or affecting interstate or foreign commerce or communication."

      That's a pretty wide net, and could be interpreted to include whatever the prosecutor wants it to.

    19. Re:American Exceptionalism by Anonymous Coward · · Score: 0

      Good thing you're not traveling abroad then. If you're asking your government to be a hitman for you, then you should be arrested at the border and locked away for a long time. "Colonel, your moral compass is so fucked up, I'll be shocked if you manage to find your way back to the parking lot."

    20. Re:American Exceptionalism by Archtech · · Score: 1

      "Which means that the Americans who hacked into the Chinese computers should not go to China, nor should the Chinese who hacked into American computers go to the USA".

      You are (deliberately?) missing the extremely critical point that the people in question are government employees following government orders. That means their actions are those of the government - which changes it from a scenario of possible individual crime to a malicious act by one nation against another. That comes close to being an act of war, when done deliberately and with utter contempt for the other country.

      --
      I am sure that there are many other solipsists out there.
    21. Re:American Exceptionalism by Archtech · · Score: 1

      "Your government is also doing the same, and it's at its leisure to spy on me, kill me if they can swing it and decide i'm a terrible threat, or whatnot. This is what i pay for, this is what i expect. They are not "my government" because they value my life and liberties equal to yours".

      A fine exposition of the Nazi view of life.

      --
      I am sure that there are many other solipsists out there.
    22. Re:American Exceptionalism by drinkypoo · · Score: 1

      But it also means that if someone does hack into US computers, the US should not be looking to extradite or otherwise seek redress.
      Because if it's legal for you guys to do it, you have no leg to stand on when someone else does it to you.

      You fail at understanding English. Nobody said it was legal under Chinese law for the US to hack a server in China. It's only even legal under our law while pursuing a criminal investigation, or under the auspices of the defense department. Contrary to this latest statement, our law does require us to have a warrant, but that can be granted by any judge and it can be buried nearly forever in the interests of national security, so the only reason you would issue a statement like this is if you're excusing behavior in which you've already engaged.

      I really worry that the road the US is heading down is one of "we don't give a crap about you, your country, or your laws, as long as we have what we want". At which point the US is really not entitled to any sympathy from the rest of the world.

      HAHAHAHAH "heading down" You really are ignorant of U.S. history, aren't you? I can't blame you, who wants to know how the sausages are made, anyway? Unilateral ought to be our first name. The Unilateral States of America. Has an honest ring to it.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    23. Re:American Exceptionalism by mrchaotica · · Score: 1

      Suppose I (a US citizen) fly to China and commit a murder. Would you expect US law to be used to convict me in a US court? Obviously not. It's up to China to police murders in their own country, even if the murderer is a foreigner.

      Although the US would tend to defer to China in that example, if China refused to prosecute then the US legal system would be legally justified in prosecuting instead. There are people who went to places like Thailand in order to circumvent US age-of-consent laws and then tried to make the same argument you're making. They ended up in federal prison anyway.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    24. Re:American Exceptionalism by gstoddart · · Score: 1

      HAHAHAHAH "heading down" You really are ignorant of U.S. history, aren't you?

      Not hardly. Including your historical support of terrorists because they were terrorizing other people. When Bin Laden was fighting the Soviets, or some of those South American groups were doing atrocious things, America was all for it and helping pay the bills. Toppling democratically elected governments to prop up dictators who were friendly to your business interests. All sorts of crap.

      However, technology has made it possible to do things which previously would have required boots on the ground, and essentially amount to an invasion.

      This whole "we can hack into your servers" thing wasn't possible even 3 decades ago, at least not on a large scale.

      So, within my lifetime, technology has made it possible to be even bigger assholes about such things. And when your government acts like it's your right to do these things in a far less constrained world (as opposed to parking warships off someone's coast), the scope of it gets much bigger much faster.

      To the point that American believe it's their right to hack into any system, tap into and monitor any nations telecomms, and increasingly record everything about her own citizens and claim they're not really collecting until they actually look at it.

      America has actively become the enemy of the freedom of everyone else on the planet. And, it shouldn't come as a surprise that people are taking that personal. Your security isn't worth the price of my liberty, not to me. And if you (as a nation, not 'you' as drinkyoo) expect that from me ... well, your security be damned.

      And what's really pathetic is so many other governments (including mine) are playing along with this shit.

      The problem is you can't put this genie back in the bottle. And once you have a global surveillance state, the fascism is pretty much inevitable.

      Unilateral ought to be our first name. The Unilateral States of America. Has an honest ring to it.

      Indeed, it does.

      --
      Lost at C:>. Found at C.
    25. Re:American Exceptionalism by swillden · · Score: 1

      Barring a federal law that specifies that US courts do take jurisdiction in such cases, that seems like judicial activism to me. I suppose that if I were a judge I'd be tempted towards activism in such a case, but I think it's wrong. Do you have a citation? I'd like to read the opinions.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    26. Re:American Exceptionalism by mrchaotica · · Score: 1

      I'd go find a citation, but I don't feel like googling that particular topic at work.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    27. Re:American Exceptionalism by drinkypoo · · Score: 1

      Not hardly. Including your historical support of terrorists because they were terrorizing other people.

      The UK created the nation of Israel even though it knew specifically that it would cause permanent holy and ethnic war in the region, because the guy who was in charge of explaining it to them told them so. And then the US has continued to fuel that machine ever since. My point, of course, is that fucking over the world is a hobby of all superpowers. We learned from the best. you can't put this genie back in the bottle.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    28. Re:American Exceptionalism by Anonymous Coward · · Score: 0

      Would you expect US law to be used to convict me in a US court?

      As long as you are an US of A citizen, Yes*.

      Both in cases where the other party doesn't respond to it, as well as an in comparision to its own laws a way-to-low punishment was given**.

      And you seem to forget a small detail: the law is there to punish the offender as well as keeping the other people safe. If alone for that reason the murderer could be convicted to put him into an environment where he could not repeat his actions.

      Oh, by the way: What do you think should happen if an american murders another american in a country that does not punish murder ? Nothing, right ? Murder is legal there***. :-)

      *I hope you where simply trolling there.

      **Don't say that should not happen, as the reverse already is commonplace.

      ***Also regard mrchaotica's "think of the children" reply.

    29. Re:American Exceptionalism by argStyopa · · Score: 1

      It's funny, and more than a little bit sad.

      I'm an American, and proud to be one. I firmly believe that there IS an American Exceptionalism in a number of positive ways. But as I'm growing older, I have to admit - we just don't handle being a superpower very well.

      I thought the postwar era of 'utterly thoughtless American "we won the war" bullshit hubris' ended with their noisy collapse in the 1960s. - the era of dumping radioactive dust at elementary schools to trace possible fallout patterns, giving LSD to mental patients, or a foreign policy shot through with arrogance and amoral choices.

      Now, it seems again that we're returning to an era where the folks in Washington again see themselves as beholden to no one, responsible to no one, and capable of absolutely breathtaking hypocrisy and conceit without a trace of conscience or humility (or, for that matter, historical perspective).

      For those outsiders observing the US: please note that we are talking exclusively about the US FEDERAL government, for the most part. That is (ever more) distinct from the United States as a nation, culture, and people. Not to say that the US states don't cheerfully do this sort of stuff too, but they are more immediately connected with both their victims and the voters (who are often the same group) and are thus managed more closely.

      Obviously we need a Federal government; but personally the advantages of a stronger one (and there certainly are some) don't outweigh the concomitant dangers. Some of us believe - as did the Founding Fathers - that the task of American democracy is about constantly and assertively constraining the Federal government (not to eliminate it, to preclude the libertarian strawman that always seems to be dragged out at this point) to limit their functions narrowly to only needful roles, and NO FURTHER.

      Perhaps - lacking a strong federal government - the United States couldn't so easily assert its desires on the international stage. Perhaps we forego some of the 'macht' of a superpower. But perhaps that isn't all bad. That power corrupts is a cliche, but never is it more evidently true than within the District of Columbia.

      --
      -Styopa
    30. Re:American Exceptionalism by Triklyn · · Score: 1

      i'm actually kinda confused as to what you mean, please expand on that.

      An American life better damn well be more important to the american government then a non-american life. Just as a british life must ultimately be the responsibility of the UK and not the USA, and a japanese life to Japan and a chinese life to china.

      I submit myself to the laws of my country, the taxes of my country, and in return i expect them to look out for my interests.
      The american government better damn well have the stance of America first. I think any government that doesn't have that stance, will not be government for long.

    31. Re:American Exceptionalism by Archtech · · Score: 1

      Sorry to have been a bit cryptic. I didn't mean to insult you personally, either. May I thank you for your patience and civility, and say what a pleasure it is to talk with an American who doesn't resort to personalities when his country is criticized. I am a great admirer of most things American, and I have many really good friends in the USA. It's just the government I have qualms about.

      I meant that there is some fine verbiage in the Declaration of Independence about believing that all men are created equal. Nowadays, I believe that really means all men (as opposed to all well-off white men) and has even expanded to embrace women.

      But if you really honestly believe that all people are created equal, what can that mean (in practical terms) if not that they should all be TREATED equally?

      But that doesn't square at all with what you said about thinking your government should put your rights and interests above those of foreigners. That would mean you consider them inferior - in terms of the treatment your government affords them. (Of course, there is already no shadow of doubt that the US government values American lives thousands of times higher than those of foreigners, when you consider the million-plus Iraqis who were killed in revenge for the 2,500 or so Americans who died on 9/11).

      Looking after your interests is, I think, what your government should be doing. But perhaps not to the extent of treating foreigners as of less value than Americans.

      My point about the Nazi view of life was that, in fact, the government of the Third Reich sought "living space", food, and other amenities for the German people at the expense of those foreigners who happened to be living in nearby countries. Because they valued the citizens of those countries a great deal lower than Germans, they didn't hesitate to kill them or drive them out of their homes. Also - a critical mistake - they believed that they would easily be able to defeat these supposedly lower forms of humanity. Rather as our ancestors drove the Neanderthals out (and finally to extinction), and the white settlers drove the Native Americans out (and nearly to extinction).

      --
      I am sure that there are many other solipsists out there.
    32. Re:American Exceptionalism by Archtech · · Score: 1

      I think this article may provide some depth and detail to the ideas I was trying to get across:

      http://www.counterpunch.org/20...

      --
      I am sure that there are many other solipsists out there.
    33. Re:American Exceptionalism by Triklyn · · Score: 1

      :) i got that, again, human rights are there, but less important than imagined. I take a cynical view of history. paying lip service to human rights is progress. sanctions in response to invading a sovereign state is progress, restraint in violence against our enemies... this is progress.

      I give china a pass, because 4 decades ago it was literally starving. now it's not, and it's run roughshod over the rights of its people, but look how far they've come.

      Anyway, "you" believe in human rights, that's fine, volunteer your life to do something about it, but don't volunteer mine.

    34. Re:American Exceptionalism by k6mfw · · Score: 1

      which now means other countries encourage to do business with non-US companies?

      --
      mfwright@batnet.com
    35. Re:American Exceptionalism by Triklyn · · Score: 1

      that's fine, but it's also too narrow. yeah, my nation would be able to overpower yours, completely and utterly. but at what cost, what are the benefits of peaceful coexistence?

      our coexistence is not zero sum. for one, if my neighbor prospers, he's less likely to rob me.

      Peace is more economically viable, it's better for everybody. But if we're hit, i expect my nation to try and dissuade anyone from ever hitting us again :).

      I said that other nations are at their leisure to spy on me and kill me in a hyperbolic fashion. It is their job to do everything in their power to advance the interest of their constituents. Usually this means making nice with America and the rest of the world and attracting foreign investment and economic growth. But spying is also something they should be doing. assassinating may be on the cards as well.

      As they put it in The West Wing
      "If Dietrich Bonhoeffer had been successful... statues built of an assassin."

    36. Re:American Exceptionalism by Anonymous Coward · · Score: 0

      The problem is that the FBI is explicitly denied the authority to conduct any searches and seizures without a warrant, by virtue of being a part of the U.S. government.

      It doesn't rely matter if the UK thinks the warrant is necessary or not, without it the FBI is violating the US constitution even if the UK invites them in and says it's OK.

    37. Re:American Exceptionalism by Archtech · · Score: 1

      For example, read the comments on this article to get an impression of what intelligent, informed British people think about a related case:

      http://forums.theregister.co.u...

      --
      I am sure that there are many other solipsists out there.
    38. Re:American Exceptionalism by Archtech · · Score: 1

      Actually, I don't believe in human rights as usually defined. That is, I believe in treating people decently - as well as possible, and fairly - but I don't believe that "rights" have any independent existence. They are abstractions, shared fictions if you like. As Jeremy Bentham wrote,

      "Natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense — nonsense upon stilts".

      If we think people should have a right to clean drinking water, or freedom of speech, we can pass laws to make those things legal requirements. But they aren't eternal "natural" rights. If a man starves to death, what became of his right to life?

      My whole point is that the US government is forever talking about human rights - and how OTHER nations don't respect them. But it doesn't either.

      --
      I am sure that there are many other solipsists out there.
  14. Well then by Anonymous Coward · · Score: 0

    Well then they really can't say others can't do the same to them...

  15. But they can tax your overseas income? by TheCastro1689 · · Score: 4, Insightful

    This makes no sense to me. They claim they don't need a search warrant because it's in another country, but if I lived and worked in another country for a foreign company the US still says I'd have to pay US income tax on that money. If I'm still answerable to US tax law (which is an amendment to the constitution) no matter where I live or who I work for the US government should also be applicable to the same set of rules.

    1. Re:But they can tax your overseas income? by umghhh · · Score: 1
      we chose arguments that best suit our current case. In another case we may chose the same or other even contradictory arguments. We shall not be restricted by some shallow understanding of justice, law or nature that you people seem to hold. Please bear in mind that we reserve to react as in Wacko in case you cause any trouble.

      signed: federal authorities of USA

  16. So what they are saying.... by Anonymous Coward · · Score: 0

    Is that they previously lied to the court on how they obtained the evidence.

  17. Still lyin' by Anonymous Coward · · Score: 0

    Yes, I should relocate my hidden tor service to a server that is inside the USA, that'l learnem....

  18. ...because MURRICA!!! by Anonymous Coward · · Score: 0

    Goddammit, are you guys completely bonkers?

  19. Blatent cyber terrorism / criminality by Anonymous Coward · · Score: 0

    That is blatant aggression
    Considering that they're all hyped up about cyber warefare, we should consider that to be nothing short of cyber terrorism by the US gov. That is right, the US is directly declaring itself a terrorist state and taking all of the voting sheep^Wpopulation along with them. You voted for these guys. You can reap the ashes of mistrust from the rest of the world.

  20. Yeah -- and the Islamic State can... by Anonymous Coward · · Score: 0

    The US isn't behaving differently than this utter scum the Islamic State is: they think *their* law is the one they can impose on the world.

    C'mon folks. We are fighting for a civilised world. Pretty please.

  21. Secure your systems by Karmashock · · Score: 4, Insightful

    We're beyond trusting these people. Secure your systems and assume the worst.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    1. Re:Secure your systems by sudden.zero · · Score: 1

      The only secure system is one not connected to the internet at all.

    2. Re:Secure your systems by Karmashock · · Score: 1

      Not true, the NSA has a lot of tools for getting past air gaps. They have a long list of tools including screen capture cards built into computer monitor CABLES. So the cable itself has a tiny computer in it, that screen captures the monitor signal, and then broadcasts that signal in an encrypted format to a receiver in the area. And that is just the start.

      So no.... air gapping is not enough. It is very good... and makes penetrating a network a lot harder. But physical security is still the first law.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    3. Re:Secure your systems by Anonymous Coward · · Score: 0

      So I take it that means you disassemble every piece of electronic equipment you buy, down to the HDMI cables, and that you know how to recognize a piece of foreign surveillance equipment that's likely smaller than the width of a fingernail, considering the sorts of cables it has to fit into?

      Or are you just talking out of your ass like everyone else on this pathetic remnant of what used to be a great site?

    4. Re:Secure your systems by Karmashock · · Score: 1

      Ideally, you have to source all your equipment through third parties to disguise who is buying it which reduces the possibility it will be tampered with in the first place.

      Once you do that, you might want to xray enclosed components that you cannot directly observe.

      As to what I am doing? I am telling you that the NSA has used screen capture systems built into monitor cables. That isn't me just making that up. They do have such devices and they do use them.

      So how do you deal with that? The Russian FSB went back to typewriters.

      http://www.globalpost.com/disp...

      So what does that tell you?

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    5. Re:Secure your systems by Anonymous Coward · · Score: 0

      Cause infected cables and even infected chips haven't been found before.... Company i work for actually X-rays chips, we find lots of interesting things in them that show they are either counterfeit or something else is funny with them when compared to a known good sample.
      here are some links. Some google-fu will bring you the rest.
      http://mashable.com/2014/06/20/hackers-build-spy-tools-from-leaked-nsa-catalog/
      RAGEMASTER
      COTTONMOUTH-I
      http://www.cl.cam.ac.uk/~sps32/Silicon_scan_draft.pdf

  22. double standards by JigJag · · Score: 1

    Isn't this very action what the Congress decreed would be construed as an act of war?

    --
    "The hallmark of humanity is the ability to move beyond sensory inputs" - Mary Helen Immordino-Yang
  23. Drones by tsa · · Score: 4, Insightful

    Well, if you can fly drones and kill innocent people with them in Pakistan without asking the government I guess you can hack their servers too.

    --

    -- Cheers!

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

      Hey don't forget the part where they give their president the noble PEACE prize too.

    2. Re:Drones by meimeiriver · · Score: 1

      Yep. "That's what makes us special!", as your President would say.

  24. What about overseas servers of US companies? by SillyBrit · · Score: 1

    Or are they trying to play it both ways? The government argued that they can force companies with a US presence to produce data from servers located anywhere in the world. Therefore might one therefore deduce therefore that such servers would still require a warrant and therefore be illegal for them to hack? They can't have it both ways (although they'll probably still argue that they can)

    --
    --- To save space, would readers please insert their own witty comment -here-
    1. Re:What about overseas servers of US companies? by putaro · · Score: 1

      What I find most annoying is the government, which is supposed to enforce and obey the law, spends so much time figuring out ways to get around the law.

    2. Re:What about overseas servers of US companies? by Knightman · · Score: 1

      Companies usually have a horde of lawyers, a private citizen is lucky if he can afford just one lawyer for a limited time.

      Guess who's right the government disregards.

      --
      --- Reality doesn't care about your opinions, it happens anyway and if you are in the way you'll get squished.
  25. Sooo.... by Anonymous Coward · · Score: 0

    nice to have it _your_ way, both ways; The contents are under US jurisdiction if the company has a presence in the US, but the same data isn't protected under the 4th because the server isn't on US soil.... lovely

  26. Hmmmm ... think so? by Anonymous Coward · · Score: 0

    S, if the American position is that they can do anything to anybody in the world because of ... what ... divine right of kings?

    Then does that come with the grown up understanding that, anything anybody else does to Americans is pretty much justified because you're a bunch of assholes who think you run the world?

    Fuck you America. The world is not subservient to you, and if it is your opinion you can do anything you want ... you should pretty much expect the same.

    Every hack on the planet now has carte blanche to hack anything in the US. And if Americans are going to act like they can kill civilians while committing war crimes, you should expect your own citizens to be subject to the same thing.

    Is this really what you idiots want?

    America has become a pathetic excuse for what it once was. They've decided the rule of law only applies to them.

    Fuck you America, you bunch of whiny cunts. I can't see how this doesn't mean that everybody will decide that killing Americans, and hacking into your computers isn't fair game.

    You cowering, simpering morons are letting this happen. If you think the world is going to trade our rights for your security, you're sadly mistaken.

    I'm absolutely appalled that a country which still likes to act like it's the champion of truth, justice, and freedom have sunk to this level.

    You no longer have any moral right to claim to be the good guys. You've become the problem.

  27. Um.. short vision by Anonymous Coward · · Score: 0

    Doesn't this give any nation-state the permission to hack the servers of any other nation-state if they are deemed to hold "criminal" content?

    So China can outlaw working for an American defense contractor, and without violating law wage unrelenting cyber-war, right? That is what this argument is legalizing, right?

    1. Re:Um.. short vision by mark-t · · Score: 1

      Doesn't this give any nation-state the permission to hack the servers of any other nation-state if they are deemed to hold "criminal" content?

      Yes... as long as the former nation state is larger/wealthier/more powerful than the latter.

  28. NO. This is not about "foreigners." by mrchaotica · · Score: 5, Interesting

    Remember, the government is trying to argue that Silk Road was owned by Ulbricht, a US citizen. So what they're really claiming is that the 4th Amendment doesn't apply to a US citizen's papers and effects, if they happen to be physically located outside of the borders of the US. The Constitution imposes no such limitation; therefore, this is clearly unconstitutional.

    The government's argument also begs the question -- and I mean that in its proper sense, as in, the government is making a circular argument. From the summary:

    "They said, 'Given that the SR Server was hosting a blatantly criminal website, it would have been reasonable for the FBI to 'hack' into it in order to search it, as any such 'hack' would simply have constituted a search of foreign property known to contain criminal evidence, for which a warrant was not necessary.' "

    There is no such thing as a "blatantly criminal" anything until it has be ruled as such in a court of law. Getting a warrant is exactly what they must do as a first step towards proving something is illegal; they don't get to simply "assume" it's illegal and skip that step. It is exactly the job of the judge issuing the warrant -- and nobody else -- to decide what is "given!"

    That concept is so basic and fundamental that it's an axiom upon which the entire US legal system is founded; it boggles the mind to think that any lawyer so incompetent as to make such an argument could even exist!

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    1. Re:NO. This is not about "foreigners." by Anonymous Coward · · Score: 0

      Parent AC here. Your point is well-taken, but you're also overlooking something: the foreign gov't *can* authorize search ("hacking") of those servers, even if it's a US citizen. If the foreign gov't allows it, then the Constitution is irrelevant: it's as if the foreign gov't did it and handed over the data to the US.

      In short, it all comes down to legal agreements between gov'ts.

    2. Re:NO. This is not about "foreigners." by swb · · Score: 1

      This is the most informative post.

      It seems like the key issue is whether property owned or controlled by American offshore is entitled to 4th Amendment protection from the Federal government.

      I would be surprised if there wasn't any precedents for this, although in past years with physical property the government likely relied on foreign law enforcement to perform searches or did so under the authority of a foreign government.

      But even so, it would be interesting to know how the courts handled an American tried in an American court using evidence obtained from that American's overseas property in a way that violated the defendant's Constitutional rights in America.

      If the incriminating evidence was obtained in a country where the police need no search warrant. is it legal to use such evidence to try someone in an American court where such evidence would be excluded? Does it matter who obtained the evidence, ie, the secret police in a dictatorship where their actions were legal? Could the FBI obtain the evidence in that same country (with or without the support of that government) by the same means?

    3. Re:NO. This is not about "foreigners." by mrchaotica · · Score: 2

      the foreign gov't *can* authorize search ("hacking") of those servers, even if it's a US citizen. If the foreign gov't allows it, then the Constitution is irrelevant: it's as if the foreign gov't did it and handed over the data to the US.

      Sure, the foreign government could allow the hacking and hand over the data. But that doesn't magically give the data any legal weight; it's just hearsay. Using it as evidence should still require a warrant!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    4. Re:NO. This is not about "foreigners." by Trailer+Trash · · Score: 1

      Yes. Simply stated "hey, those Constitutional protections don't apply when someone's a criminal, duhhhhh." As the FP (or someone close said) at least it's out in the open so it can be debated. However, it would be nice if the judge picks up on the fact that they perjured themselves (literally) with their first explanation of how they got into his server. I'm not holding my breath.

    5. Re:NO. This is not about "foreigners." by Richy_T · · Score: 1

      Good point. The offense against the foreign server is one thing, the violation of the rights of the US citizen holding his data there is another and would appear to be what is at issue here.

    6. Re:NO. This is not about "foreigners." by myowntrueself · · Score: 1

      Parent AC here. Your point is well-taken, but you're also overlooking something: the foreign gov't *can* authorize search ("hacking") of those servers, even if it's a US citizen. If the foreign gov't allows it, then the Constitution is irrelevant: it's as if the foreign gov't did it and handed over the data to the US.

      In short, it all comes down to legal agreements between gov'ts.

      That would be the entire point of 'five eyes'; if one of the participating countries can't spy on its own citizens it can turn a blind eye to spying on those citizens by other participants in 'five eyes' and in return be given access to information thus obtained.

      If you were in, say, Canada you can assume that the Australians, Brits, New Zealanders and USAians are spying the FUCK out of you and handing that data over to the Canadian authorities.

      --
      In the free world the media isn't government run; the government is media run.
    7. Re:NO. This is not about "foreigners." by Hydian · · Score: 2

      The subject's citizenship is irrelevant as is the location of the information and what it is contained within. A warrant is needed with very few exceptions.

      The FBI *can* do whatever they want to get whatever information they want. Any halfway competent judge should throw it all out along with any evidence that they find based upon anything found in this manner. By making these statements, they're pretty much ensuring that they can't get a conviction in this case which leads me to believe that they have him on something else. More importantly, I think that there is a pattern here like the with Kim DotCom case in that they are more interested in destroying the infrastructure and scaring people than getting a conviction in these particular cases. A little bit of "See how bad we can mess your life up even if we don't take you to court!"

    8. Re:NO. This is not about "foreigners." by Anonymous Coward · · Score: 0

      If the foreign gov't allows it, then the Constitution is irrelevant:

      Bullshit, and DOUBLE bullshit!
      If a foreign government PERFORMS the action, then the constitution is irrelevant, as the constitution doesn't govern them. It sure as shit (is supposed to) govern what our government and the FBI is allowed to do.

      Now, if a foreign government does charge in, shoot everyone, gathers data, and presents it to a US court in a US trial, should the court trust that evidence? Well that's a good question that doesn't have a definitive answer. It's something that can be argued in court on a case by case basis. Because we trust the UK more than we trust Syria.

      The FBI, however, is not some non-government organization that is allowed to act as a free agent in the international arena. In fact, I was under the general impression that the FBI was constrained to the US borders, while the CIA was constrained to outside the US borders. HA! as if those agencies pretended to be constrained anymore.

    9. Re:NO. This is not about "foreigners." by Anonymous Coward · · Score: 0

      Even if he owned it - he doesn't own the servers it is stored on, Wasn't one of the charges against that British hacker looking for UFO stuff criminal damage?

      America has already set the precedent.

  29. extradition by mowaterfowl · · Score: 0

    Does this mean that the authorities in the country the server was located in can file charges against the FBI employees that performed the hack? Could they then have them extradited for prosecution?

  30. Which is it? by Anonymous Coward · · Score: 0

    So the government says that servers hosted outside of the US are not protected by any US laws. Meanwhile, the government says that servers hosted outside of the US are subject to US laws: http://news.slashdot.org/story/14/07/14/2050240/obama-administration-says-the-worlds-servers-are-ours

    Typical mind boggling nonsense.

  31. US citizens and residents by Anonymous Coward · · Score: 0

    U.S. citizens and residents enjoy 4th amendment rights regardless of where the data or property resides.

    1. Re:US citizens and residents by Anonymous Coward · · Score: 0

      Actually not true. US Citizens enjoy 4th Amendment rights only when physically within the jurisdiction of the United States.

      US Law is unenforceable against the US Government in other countries. However, US law IS enforceable against US Citizens in other countries.

      Funny how that works, isn't it?

  32. What Court? by Jaime2 · · Score: 1

    What court would grant a warrant for an action outside that court's jurisdiction? They don't need a warrant because there is no "do something in Iceland" warrant that can be obtained from a US court, at least not one that the local authorities would recognize.

    1. Re:What Court? by Anonymous Coward · · Score: 2, Insightful

      Extradition Matters.

      Evidence stolen or illegally required is a touchy issue. If it is stolen, how dare anyone assume it is 'real' and not made up. Very easy to set someone up. Nope, the only evidence should be physical. Germany and Merkel should spit the dummy over this claim.
      Reassurances are worthless, and it would be so easy to plant something.

  33. Missing the legal double standard. by Anonymous Coward · · Score: 0

    If US protection laws such as the 4th amendment don't apply to someone in another country, then neither do the US criminal laws that they are trying to prosecute them on.

  34. "Known to Contain" by Bob9113 · · Score: 4, Insightful

    a search of foreign property known to contain criminal evidence, for which a warrant was not necessary.

    The reason we require you to get a warrant is to distinguish between the two meanings of "known to contain":

    1. I can reasonably demonstrate the probability that this server contains.
    2. I have a gut feeling that this server contains.

    The problem is not that the actual Silk Road server got hacked, which is what the FBI is arguing. The problem is servers that do not contain criminal evidence getting hacked based gut feelings. That is why we require a warrant. We don't want our government hacking into servers on a whim and without a record, regardless of where those servers are physically located.

    1. Re:"Known to Contain" by Anonymous Coward · · Score: 0

      Neither 1 nor 2 supports a warrant. #1 is called a Reasonable, Articulable Suspicion, and does not rise to the level of Probable Cause, which is required to obtain a warrant.

      #2 is just horse shit that has no legal value whatsoever.

  35. Double standard by Anonymous Coward · · Score: 0

    The arrogance of these assholes is incredible. Doing this used to be called an act of war. When is the UN going to start leveling economic sanctions against US till we reinstate a legitimate government?

    I don't want to see any more news articles about the government being enraged because Chinese hackers stole military secrets, our own government says its now legal for them to do so.

    1. Re:Double standard by MitchDev · · Score: 1

      America is in no position; financially, morally or ethically; to talk down to other countries for what they do anymore....

    2. Re:Double standard by Anonymous Coward · · Score: 0

      I might argue that 'Murrica is most definitely still militarily positioned to talk down to whom ever they see fit...

      Not too happy about this, just sayin'

      Captcha: recruit

  36. Obummer lied; thousands died. by Anonymous Coward · · Score: 0

    Hope and change you can believe in!!

    Obummer lied; thousands died.

  37. Well, then by corollary... by MitchDev · · Score: 2

    ...other nations don't need a warrant to hack US-Based Servers.

    1. Re:Well, then by corollary... by Anonymous Coward · · Score: 0

      ...other nations don't need a warrant to hack US-Based Servers.

      Not true. In most other countries, the respective Department of Justice serves the law, not the other way round. And the U.S. does not accept competing dictatorships.

  38. No warrant, but an Act of War by Anonymous Coward · · Score: 0

    The US needs to be very careful here, because under International Law this could very well be considered an Act of War.

  39. In other words by Anonymous Coward · · Score: 0

    In other words they lied in court, they were caught, and now they're claiming that even though they lied its OK because if its outside the US they can do anything they want? Wouldn't this get your average person thrown in prison for perjury, that and an extradition order from the country in question so they could be tried for crimes committed on their soil?

  40. Thank you for giving me permission by xiando · · Score: 2

    I am in the EU. Thank you US Government for giving me permission to hack into servers in your country, them being overseas from where I am an all. I'll get right on that.

    1. Re:Thank you for giving me permission by rthiel0234 · · Score: 1

      They didn't provide any rights to you - instead, they seem to ignore your eu-countries rights. Not caring? Ooops! But your extradiction will be granted by your country if you should harm "their" rights. Clearly.

  41. No surprise at all by Anonymous Coward · · Score: 0

    What could you expect from a bunch of idiots possessing federal powers which have blown up tens of thousands of americans on NY soil just to save some corps from bankruptcy?

  42. Swiss Banks? by turp182 · · Score: 2, Insightful

    So are we working to hack Swiss banks or other off-shore financial institutions, looking for tax evasion by US citizens?

    It would be a dragnet, but we know there is tax evasion occurring.

    This would seem reasonable if the precedent stands. Especially if the evidence can be used for further warrants.

    I need to watch Sneakers again...

    --
    BlameBillCosby.com
    1. Re:Swiss Banks? by Trailer+Trash · · Score: 1

      So are we working to hack Swiss banks or other off-shore financial institutions, looking for tax evasion by US citizens?

      It would be a dragnet, but we know there is tax evasion occurring.

      Yeah, but it's typically very wealthy people who are doing that. Wealthy people who tend to donate money to political causes. Catch my drift?

      Remember how Google and Apple and Microsoft and all these big companies are getting out of paying corporate income taxes by "offshoring" their income? Remember how the Democrats are going to do something about it? I get email every few days from left-wing groups telling me about this.

      Look at where Google, Apple, and Microsoft employees invest their political contributions. That's why the Democrats aren't going to do something about it.

    2. Re:Swiss Banks? by PPH · · Score: 1

      Yeah, but it's typically very wealthy people who are doing that.

      Specifically, corporate "people". The kind you can't throw in prison anyway.

      --
      Have gnu, will travel.
  43. In which country? by Anonymous Coward · · Score: 0

    This discussion is rather meaningless if it is not known in which country the servers are, since it is the law of that country that applies. However, I highly doubt there is a single country where it is illegal for foreign agencies (such as the FBI in this case) to hack into servers without the permission of their owner.

  44. Defense catches FBI committing perjury by Anonymous Coward · · Score: 0

    This sounds like a case of getting caught using parallel reconstruction to me. The FBI gets caught with their hand in the cookie jar and now is changing their story. If we had a real system of justice in this country, the courts would be imprisoning the FBI agents involved for contempt and perjury. Once that prison sentence has been served, send them to Iceland to stand trial for hacking.

    The authorities also disputed assertions that they found the servers through illegal wiretapping.

    "However, no wiretap of any kind was used in the FBI’s investigation—let alone any wiretap intercepting Ulbricht’s communications,"

    The government is so adamant that "no illegal wiretapping" was used that I'll bet that is a lie too.

  45. Please liberate us... by r_naked · · Score: 3, Funny

    To any foreign country out there that doesn't like the US government, please come liberate us and bring us democracy again. As a person that is stuck living in the hell hole that is the USA, I am begging you, please help us -- we are fucked.

    Thanks,

    -- Brian

    --
    -- http://anonet.org -- The internet the way it was meant to be. Check it out, you may be surprised.
    1. Re:Please liberate us... by Anonymous Coward · · Score: 0

      that's how PARTYVAN is summoned!

    2. Re:Please liberate us... by Trailer+Trash · · Score: 1

      By our own lethargy. This stuff needs to start making congressmen and presidents lose their next election, then it'll change.

    3. Re:Please liberate us... by Anonymous Coward · · Score: 0

      To any foreign country out there that doesn't like the US government, please come liberate us and bring us democracy again. As a person that is stuck living in the hell hole that is the USA, I am begging you, please help us -- we are fucked.

      Thanks,

      -- Brian

      Dear Brian,

      "Democracy", as you refer to it, can only be gained from within, not without. A 3rd party cannot impose "democracy" onto you - you must want it and claim it yourself.

      Good luck,

      -- random non-USAian

    4. Re:Please liberate us... by r_naked · · Score: 1

      *SWOOOOOASH* -- did that post remove some of your hair?

      The US is constantly attempting to "liberate other countries and bring them democracy". Wow dude, need your morning coffee?

      -- Brian

      --
      -- http://anonet.org -- The internet the way it was meant to be. Check it out, you may be surprised.
    5. Re:Please liberate us... by sociocapitalist · · Score: 1

      To any foreign country out there that doesn't like the US government, please come liberate us and bring us democracy again. As a person that is stuck living in the hell hole that is the USA, I am begging you, please help us -- we are fucked.

      Thanks,

      -- Brian

      You could always move.

      And honestly, you're exaggerating. You still have it much better than the vast majority of the people in the rest of the world.

      --
      blindly antisocialist = antisocial
    6. Re:Please liberate us... by meimeiriver · · Score: 1

      You weren't really fucked before, but you sure will be now for having written that! :P

  46. Of course they CAN hack them... by Anonymous Coward · · Score: 0

    ... but SHOULD they?

  47. They have a point.. by Anonymous Coward · · Score: 0

    Since when do hackers need a warrant to hack??

  48. No, they can go to jail... by Anonymous Coward · · Score: 0

    ... Be extradited, tried, and receive prison time. I'm done with the states opinion that's it's ok when they break the law. It's not. It time to get rid of these guys.

  49. Yea bitchez by Anonymous Coward · · Score: 0

    Fuck them!

  50. There is a kind of logic here by gurps_npc · · Score: 1
    First, it should not matter that the search was electronic or actual. Consider a search of a physical object in another country.

    That is, US courts don't have jurisdiction in Russia, so a US warrant to go to Russia and search a home there is worthless.

    Any search in Russia would either be a) illegal, or b) need a Russian Warrant.

    So if they don't get a Russian warrant, the Russian government could rightfully choose to charge them with a crime committed on Russian soil.

    That said, the question then becomes, can the US government present evidence found in another country that was in violation of that other countries laws, as evidence in a US court room.

    On the other hand, the US is not supposed to send US officials to illegally kidnap a human being and bring them back to the US without an extradition process approved by the foreign country. They do however allow bounty hunters to do that, and then arrest and charge the person the bounty hunter returns to the US. The bounty hunter often commits a crime in the foreign country, but the US does not arrest them, instead they simply take the criminal back.

    If I were the judge, I would say that YES, the Government can in fact do this, but that the members of the government must identify themselves in the US court (chain of custody), and that they might face charges in the foreign country.

    Clearly such actions could have significant affects on international relations, and it might be in the US's best interest to decline to do this.

    --
    excitingthingstodo.blogspot.com
  51. Foreign Server by Anonymous Coward · · Score: 0

    How did the FBI know it was a foreign server? Before getting the IP address the server could have been located anywhere... so did they know the server was located outside the country before hand, and if they did how did they know?

  52. 4th ammendment changed by Anonymous Coward · · Score: 0

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

    I wonder when they passed that amendment?

  53. The server isn't protected one way or the other by Anonymous Coward · · Score: 0

    The owner is. If the owner is a US citizen, then you're searching a US citizen's property without a warrant; where the property currently resides is immaterial. If the owner is foreign, you're just being a douche.

  54. If true - imagine the consequenses by ron_ivi · · Score: 1

    Does that mean they think they're allowed to hack whatever banks and stock markets they want in foreign countries?

    If so - imagine how effectively they might go after financial crimes.

    Or is this just for when the FBI wants to overlap with the DEA on wars on drugs?

    1. Re:If true - imagine the consequenses by jd · · Score: 1

      The US are only allowed access to the SWIFT criminal database in Europe because Europe got fed up with the US hacking into it.

      The US stands accused of unlawfully accessing Airbus commercially sensitive documents and selling them to Boeing, during the Echelon affair.

      So, yes, they do believe they can break into any server at any time, for law enforcement purposes or financial gain through unlawful activity. I see no evidence of any serious attempt to keep this within any sort of reason. Indeed, the Manning Files and Snowden Files, together with the John Poindexter/Oliver North scandal and strong implications of CIA drug smuggling, suggest industrial espionage and economic crime are a mainstay of government activity.

      I have no objections to espionage for genuine security, but accusations of CIA drug running when combined with the takedown of Silk Road sounds to be much less about anyone's security and much more about protecting market prices. If that is the case, then this isn't law enforcement but white collar crime. Further, Silk Road - whilst certainly a criminal enterprise - was not a matter of national or world security. It was also not a legally recognized context for extra-jurisdictional action.

      This was a situation that could have been resolved lawfully and with integrity. The authorities chose neither, which is suggestive of them being incompetent or corrupt. Now, one should never ascribe to malice that which is adequately explained by incompetence, but corruption isn't really malice, it's just a perversion and everyone has at least one of those.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  55. Broader Legal Issue by Anonymous Coward · · Score: 0

    When law enforcement hacks an foreign web server, they are no different to an individual hacking a foreign server. If this argument was upheld, then no one can be prosecuted for hacking foreign servers.

    I don't see this being upheld.

  56. Kill by Frankie70 · · Score: 1

    They can kill foreign people, what's a bloody server.

  57. "The People" are not "The US Citizens" by mr_mischief · · Score: 4, Informative

    Human rights don't work that way. The US Constitution is very carefully worded, especially regarding where it says "person" or "people" and where it says "citizen" or "citizens".

    Here's the Fourth Amendment:

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

    That doesn't say "citizens". It says "The right of the people".

  58. Surprising by Anonymous Coward · · Score: 0

    According to the US, if you are born in the US you have right. If not then you have zero rights.
    And they wonder why people pity/hate the US.
    For a country with so many "christians", they certainly care very little about "Do unto others as you would have them do to you".

  59. More serious than you believe for Democracy by Anonymous Coward · · Score: 0

    This is a very bad thing to come out and state. It is the long term ramifications that will destroy this country, for if we believe in a lawless world several events will occur. The first will be the New Order, Third Way, Third Reich, take your pick. There will be cries for a single international body to set laws on EVERYTHING! All ready the world court is attempting to overrule US Law regarding what the US can and cannot pass laws on, such as on-line gambling and banking laws.

    Once the US is seen as 'We are the lords of the world and bound by no law', the US will not only feel backlash but a growing dislike and avoidance, allowing countries like China, Russia, etc. to gain a stronger political influence in the world.

    So if the US wants to become the spoiled child who bullies everyone and is despised and hated by all, WAY TO GO!!! KEEP IT UP! USA USA
    U.S.A. Utterly Stupid Arses!

  60. What's the catch? by Sla$hPot · · Score: 0

    US Says It Can Hack Foreign Servers Without Warran

    Isn't this what all hackers do, all the time?

    If it's illegal, call an informant-hacker. Informants / agents can do anything. Anything right?

  61. Yup, so much for sovereign nations... by Anonymous Coward · · Score: 0

    Yup, so much for sovereign nations...

    So now it appears that our government sees sovereignty as an old, outdated and out moded concept and this includes doing acts of aggression at will with the expectation it will not be considered as aggression. Wow. Just wow.

  62. Facism defined by gestalt_n_pepper · · Score: 1

    The law is whatever the government says it is. From the federal government to "civil forfeiture" by the local cops. In 'murica, we now live in a police state. Deal with it.

    --
    Please do not read this sig. Thank you.
  63. can != should by Junior+J.+Junior+III · · Score: 1

    Technically? I believe the CAN!

    Legally? This may be termed an "act of war". Best to be careful here.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
    1. Re:can != should by jd · · Score: 1

      CAN networks are generally not very useful for hacking web servers.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  64. There was a time... by Hydian · · Score: 2

    ...when this was called espionage and it was conducted by the CIA. If the FBI needed something from outside of our borders, it asked the local police for it because that is how law enforcement is supposed to work...within the rule of law.

  65. It is a double edged sword by Anonymous Coward · · Score: 0

    That means that if the US gov does something illegal by my government's standards, it is ok to go hack their servers then.

  66. War by PPH · · Score: 1

    Logically, this is the equivalent of invading a foreign country's territory and seizing property. Wouldn't this be considered an act of war?

    By what authority can the FBI declare war on another nation without the consent, or at least consultation of Congress? And then there's the whole United Nations Charter (of which the USA is a signatory). Shouldn't such an activity be subject to the authority of the United nations Security Council?

    I wouldn't be surprised if Ulbricht, upon losing his case in US court, appeals to the International Court of Justice

    --
    Have gnu, will travel.
  67. Expected thanks to the Snowden docs by Anonymous Coward · · Score: 0

    The documents clearly state that the NSA monitors users of Piratebay and wikileaks in the "ask zelda" release. What makes anyone think they weren't going after Silkroad in that case?

    That said, while I agree that this is clearly a case of the police violating the law in the course of an investigation and the case deserves to be thrown out as a result, claiming 4th amendment protections might not work.
    At the time, the NSA (FBI my ass), was hacking a computer, not going after Ulbricht. The identity of Ulbricht was discovered, it can only be assumed, only after the SR server was hacked. Passing off this data to the FBI was the problem.
    This is because the data:
    1) was gathered as a result of a crime (in another country), and what the US considers an "act of war" which the US thinks it is acceptable to retaliate against with physical bombs. And
    2) allowing the FBI or any domestic law enforcement agency, to outsource activities it is not allowed to do itself to other government agencies and then claim them as the same as "informants", render all constitutional protections meaningless for everyone.

    In addition, the prosecutor and the FBI should be charged with perjury for presenting the first set of false documents.

  68. Of course not! by mariox19 · · Score: 1

    When has an act of war ever required a warrant?

    --

    quiquid id est, timeo puellas et oscula dantes.

    1. Re:Of course not! by Anonymous Coward · · Score: 0

      how about congressional approval? what's the point of having representatives if some unelected agency can go and piss off another world power and get us nuked some day?

  69. crim def atty here by Anonymous Coward · · Score: 0

    I don't think anyone really contests whether the US govt can hack foreign servers, the real issue is whether the fruits of that hacking should be admissible evidence in a US court against US citizen defendants. The answer is pretty obviously no. Just as cops in the US can't drive a suspect out into international waters to torture an admissible confession out of them, cops can't perform warrantless searches outside the US and expect it to be admissible against defendants in US courts.

    Come to think of it, I can't remember the last time a US court issued a warrant for a location outside of its jurisdiction. Oh right, because they can't. The closest they've ever come is serving a subpoena on a US entity forcing them to turn over emails stored on a foreign server (but under their control). The US court only had control over the foreign documents by virtue of their authority over the parties to the case who controlled those documents. But this is a far cry from having jurisdiction that stretches across the entire cosmos, governing anything that might be interesting to the FBI.

    And going all the way back to square one.... what suggested to the FBI that the silk road was an entity subject to US laws? If it had been openly run as a north korean operation hosted on a nigerian server farm... where is the US jurisdiction to issue a warrant? This is diplomacy and espionage territory, not legal territory. So if the FBI (or one of their friends/hirelings/agents) commits a crime in another country that leads to the discover of evidence of a crime in the US.... how does this become admissible in US courts? Since when is FBI another word for INTERPOL?

  70. Freedoms(tm) for them all by Anonymous Coward · · Score: 0

    " the entire system is one realization away from collapse"
    And even if realisation comes, nothing will happen. Not now, not later.

    The americans are simply too lazy, ignorant, apathetic or distracted by trivial matters to do anything at all.
    We have seen endless cases of increased and police brutality (also the case of stealing millions cash in the open), the many law-breaking acts of various 3 letter groups from NSA and FBI to CIA and DHS, the world-cracking deeds of the banking and sector, whole industry sectors turning into oligarchic stand-offs. All with technically zero punishment and retaliation or law-reform following. All in the last 10 or so years.

    The best they were able to do was an absolutely inefficient 'occupy Wall street' thing and a few minimalistic home-riots.

  71. Sue? by ThatsNotPudding · · Score: 1

    point being, they're breaking the law in the country where the servers were in... they're going to slip up some day and hack someone that sues them abroad and in usa...

    Sue? Nah, I want the offended country to consider the hacking as an act of war, justifying the seizing of assets and jailing of US government officials on charges of espionage. And a big country; too big to drone / carpet bomb. I'd advise Brazil to conduct a test case.

  72. Echelon by Anonymous Coward · · Score: 0

    Nothing new under the sun.

  73. To paraphrase Dr. McCoy ... by Anonymous Coward · · Score: 0

    ... "There are going to be any damn warrants. How do You get a warrant to do a damned illegal thing?"

  74. To paraphrase Dr. McCoy ... by Anonymous Coward · · Score: 0

    Typo: "Aren't", not "are".

  75. Weird by Anonymous Coward · · Score: 0

    Weird that our fed gov't doesn't believe that warrants or Constitutional rights apply to foreign systems, but do apply to foreign terrorists.

  76. Search and seizure by jd · · Score: 1

    I was unaware that the Fourth Amendment stipulated geographical boundaries. I was rather under the impression that the rules stating what the government and its agents shall not do were quite explicit about it being the actions that were prohibited, not where or to whom.

    In fact, I see nothing in the Constitution that grants any exemptions for the government or its agents with regards to extraterritorial activities or the affairs of extranational citizens. Now, there are reasonable limits (well, there are supposed to be) on interpreting the Constitution. No rational person believes politicians should be free to say anything at all. But this isn't a claim of fair exception, but of inapplicability. Quite a different matter. The Constitution defines what the government may lawfully do. It does not say "except on weekends", it does not say "except on the Internet", it does not say "except when it's convenient". Reasonable situations are, by definition, reasonable. If you choose to argue reasonable situations do not exist, that is fine. Zero is still a number. But the government cannot simply argue (with any validity) that it can arbitrarily create entire classes of exemption with no reasonableness shown or claimed.

    I'm purposefully ignoring the Silk Road aspect. If that isn't claimed as a legitimate exemption, then that is immaterial to the debate.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  77. I am REALLY not a lawyer - but ... by userw014 · · Score: 1

    Within the US, doesn't a warrant do two things?

    • (1) Satisfy the Constitutional requirement about unreasonable search and seizure, allowing any evidence gained to be used for prosecution.
    • (2) Turn theft or burglary into a legally approved action.

    Presumeably, if the FBI has no intent of prosecuting the people involved, (1) is irrelevant. And (2) is only an issue if there are extradition treaties with the foreign country whereby the FBI officers and management involved could be hauled off to some gulag somewhere. Whether the State Department wants to avoid a diplomatic dust-up is another matter.

    This assumes that you can put morals and ethics completely aside.

    1. Re:I am REALLY not a lawyer - but ... by geekoid · · Score: 1

      1 -Correct.

      2 -Nonsense,

      I'm not sure why you think they don't want to prosecute.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  78. Re:NO. This is not about by Anonymous Coward · · Score: 0

    How can a foreign gov give permission, if the US Gov doesn't have the IP address/physical location in the first place? Unless, the US Gov had blanket permission from all or most foreign governments?

    - Didn't the FBI have to hack the server in order to reveal it's real IP? Then and only then, would they know the location, based on who owns the IP address?

  79. Not sure about "United States" by jd · · Score: 1

    Think you mis-spelled NSA.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  80. And? by geekoid · · Score: 1

    they're owned in other countries, so of course we don't need warrants.
    unless we have a treaty that says otherwise.

    How other countries respond to it is another issue.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  81. Of course the 4th Amendment doesn't cover it... by Anubis+IV · · Score: 1

    ...that's what treaties are for. I haven't checked yet, but who wants to bet that a few treaties were likely breached in this case?

  82. It's not illegal when we do it! by enantiomer2000 · · Score: 0

    hypocrisy much?

  83. Which is it? by Anonymous Coward · · Score: 0

    "I said the police were powerless to help you, not to punish you" -Chief Wiggum

  84. EU - Okay, come over here! by Anonymous Coward · · Score: 0

    A lot of countries and IT-companies are really getting really sick of that behaviour already. And in the long run they want more prisons (!) to put us all in (!!)and call us terrorists (!!!) - at least?! Ok, 'nuff - they have to be stopped - by us. Now. Anybody?

  85. It makes no sense by rthiel0234 · · Score: 1

    Every couple of decades some stupid soziopathic world dominating assholes are begging for a next world war? Fukemal That just makes no sense from a macroscopic view. Cooperation is the key to survival and it needs faith in relationship. What are they trying to achieve?

  86. Hack? by DarthVain · · Score: 1

    Um, by definition I think anyone can "Hack" Foreign Servers Without Warrants...

    The question if they can legally access foreign servers without warrants is another matter entirely.

  87. The presumption of guilt?! by meimeiriver · · Score: 1
    Defense lawyer: "Doesn't my client have rights, like, you know, the presumption of innocence, and all that?!"

    American Judge: "Given that your client is a blatant criminal, we'll just forego on all that jazz, and we'll go straight to guilty!"

  88. BO has another reason by servant · · Score: 1

    for another 'world apology tour' like he did just before and just after he was coronated the first time. It seem that this Hussein has take the mantle of power a little to seriously.

    --
    ... "When you pry the source from my cold dead hands."
  89. This is why we're hated around the world. by ToddInSF · · Score: 1

    Not because we're "free".

    1. Re:This is why we're hated around the world. by meimeiriver · · Score: 1

      Not hated, per se, but fallen off your pedestal, for sure / lost your moral high ground, however you want to call it.

  90. Accountability is reversed by spying. by Anonymous Coward · · Score: 0

    Governments like a book or a drawing or a picture or any other object are inaminate objects. The actions and activities of the persons in charge seek to animate government; these so called persons in charge are called leaders and most of the time they hide behind the fasade of government. Such persons should be held accountable by the people of the world, for their acts, and the acts they order or encourage others to do, in the name of position they hold in structure of the object they claim to be. Leaders should be personally responsibe for their acts no matter if the acts are done in the name of one of the inanimate governments or in the name of God or the name of the moon or the name of a star or whatever; its still the act of a human and that human actor in charge is responsible for the outcome and the cost to achieve the outcome. Its the cost to achieve the outcome that needs scutiney; The greatest degree of accountability should be forced by society on those humans that are in charge of many humans. The more humans one person has authority over, the more accountable that person should be [our world is organized backward, at the present time, those in charge are the least accountable] to the masses of the humanity of the world. The reason accountability should increase from the bottom to top is so everyone has a fair say. Since no court has the power to curb the activities or to punish the attrocities resulting from the activities of those in charge there is no way to set the order of accountability straight; that is the reason for mass uprisings. The tension about spying between the people and the leadership exist because spying by persons using their positions within a governments to spy actually makes persons at at the bottom the most accountable and renders the spyer and persons at the top less accountable and even immune to accountability. Accountabillty at the bottom immunity at the top should be reversed!

  91. Blatantly Criminal? It's international? by Anonymous Coward · · Score: 0

    In what country? In what jurisdiction? You've just got up and said you don't know anything about the law and you have a bunch of thugs (the fbi in this case) to go overseas and do whatever you want. The end result of this was that the person in question was acquitted and sued the government for allowing this FBI moron to have authority. The rest of the world still thinks they're power hungry morons with no notion of fairness, legality, rationality, a law, the law etc (funny because they pretend they're it's protectors). He got quite a lot of money if I remember. But not enough, I don't think the government is really sorry enough they let this type of attitude in the FBI (follow orders, serve existing power structure, maintain perceived authority, don't actually understand the philosophic basis for the law or try to be rational), we just assume the FBI are a bunch of thugs. It really gives no indication that a philosophical understanding of justice, safety or the public good are in anyway a career advancing set of qualities for a company (the police are good honorable people and I wouldn't compare what the U.S. has, to real legal enforcement civic minded police in a civilized country) like the FBI or CIA, which trades in brainwashed robot operatives to the highest bidder. And occasionally salable bullshit to parliament or for one politician to use to undermine a more noble politician ( not definitely, but one is talking to the CIA or FBI and that's probably not a good indication of honorableness). It's hard enough for normal people to be civilized and try to advance ethics and fundamentally beneficial human virtues, hiding in covert black ops bullshit just means the assholes don't have to lie as much. And when you have robots who don't really get the philosophy of law vs force, or truth vs authority it eventually transitions towards the top and you get announcements and legalities like this.
     
      Ah well, such is America, what was it that great american philosopher once said... oh that's right... I don't know his name either.