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Seattle Police Raid Tor-Using Privacy Activists (thestranger.com)

Frosty Piss writes: Seattle police raided the home of two outspoken privacy activists early on March 30th. Jan Bultmann and David Robinson, a married couple and co-founders of the Seattle Privacy Coalition, were awakened at 6:15 a.m. by a team of six detectives from the Seattle Police Department who had a search warrant to examine their equipment. They claimed to be looking for child pornography, however Bultmann and Robinson believe the raid is because they run a Tor exit node out of their home. They said they operated the node as a service to dissidents in repressive countries, knowing full well that criminals might use it as well, much like any other communication tool. The Seattle Police Department acknowledged that no child porn was found, no assets were seized, and no arrests were made. Seattle's blog The Stranger notes that the FBI has conducted many other Tor raids across the country, and Friday quoted a tweet from the co-founder of Seattle's Center for Open Policing addressing the police. "You knew about the Tor node, but didn't mention it in warrant application. Y'all pulled a fast one on the judge... you knew the uploader could have been literally anyone in the world."

46 of 306 comments (clear)

  1. Standard tactics by Calydor · · Score: 5, Insightful

    This is pretty much standard operating procedure. They can't outlaw anonymizing services, but they can make running them so much hassle that very, VERY few people want to get involved.

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    1. Re:Standard tactics by Sax+Russell+5449D29A · · Score: 4, Insightful

      That's why organizations such as EFF need to be actively involved in promoting the technology and we need to be actively supporting them. They have also lobbying power to some degree, which is of course helpful for the cause.

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      -SR
    2. Re:Standard tactics by Etherwalk · · Score: 5, Insightful

      This is pretty much standard operating procedure. They can't outlaw anonymizing services, but they can make running them so much hassle that very, VERY few people want to get involved.

      Things that backfire include pissing off judges. If they knew about the Tor exit node then they almost certainly lacked probable cause. Probable cause requires considering all of the facts, not *just* the ones favoring guilt. If, in fact, they knew about the exit node but failed to include it in the warrant application, they are going to have (1) pissed off a judge who finds out about it, and (2) they have probably opened up their department to a lawsuit for violating the constitutional rights of the people whose home they invaded. While they obtained a warrant, they did it by withholding information they knew to be relevant to the PC determination.

      If they did not know, of course, that analysis changes.

    3. Re: Standard tactics by Anonymous Coward · · Score: 2, Insightful

      It's not about search by warrant that is the issue. It's the reasoning behind it and leaving out key information for the judge in deciding the warrant.

      Imagine a warrant for a place that drugs passed through. Fine... Until you find out that it was true 6 years ago. Changes the thought process for the judge.

    4. Re: Standard tactics by Etherwalk · · Score: 4, Insightful

      Evidence tending to show a lack of probable cause must be included in making a determination of whether PC exists. It's a "totality of the circumstances" test. The TOR exit node tends to show a lack of PC--it is much less likely that there will be evidence there of any kind.

    5. Re:Standard tactics by arth1 · · Score: 4, Insightful

      No, this was handled properly. Suspected illegal activity was investigated and they were quickly found to not be part of it with minimal inconvenience. I'm not sure why this is even a story

      Because to obtain a warrant, you need probable cause, not possible cause.
      This difference is quite important to many of us who want to feel protected from our country turning into a police state.

    6. Re:Standard tactics by Nethead · · Score: 5, Insightful

      Exactly, how would they know there was a TOR exit node there? From a local radio report I heard one of the cops was a geek that knew what TOR was. That's why it was handled quickly. All the cops had was an IP and got the address from WaveG in a legal manor. The next thing was to get a warrant and go talk to the guy, that's what they did. The brought along a geek cop too to translate, so to speak. They had the warrant because it could have been a pedo. They brought the geek cop because it could have been an open WiFi and he could help them secure it, and then setup up a honeypot WiFi to catch the pedo which would have been near. Come to find out it's an exit node. Sorry to wake you, I hope you understand. The cops don't like TOR because it causes false hits like this and costs time and money.

      Given the case, this went down just like it should. Sure it was early, but cops do that so they can talk to you before you get your coffee and your mind about you. That's standard.

      They knocked, waited for him to come to the door. No pets were shot.

      Given the description in the warrant there's some sick fuckers out there twiddlin' kids. Yes we want the cops to try to find them. Read the warrant (if you have the stomach) and see how much time has been put into the investigation. Of course they were unhappy that an exit node caused a dead end. But they did NOT take the computer or anything. They were professional about it.

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    7. Re: Standard tactics by lgw · · Score: 3, Informative

      There is no evidence of a lack of probable cause though.

      Do you understand the difference between "probable" and "might possibly be"? It seems like you don't, but "probable" means "more than 50%". If you know it's a TOR exit node, what are the odds? Ultimately, it's the judge's call, but being a TOR exit node dramatically changes those odds.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    8. Re: Standard tactics by AmiMoJo · · Score: 3, Insightful

      We need to stop thinking that an IP address is a useful identifier in the real world. Actions like this create a chilling effect on people running open Wifi and TOR nodes.

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    9. Re: Standard tactics by stealth_finger · · Score: 5, Funny

      riveting

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    10. Re:Standard tactics by Alypius · · Score: 2

      This is why it's important to remember that if LEOs are executing a search warrant, they are not your friends. They will be professional, even polite, but they will use every interrogation tactic available (eg coming before dawn, attempting to split up to search other parts of the house, etc). You will have to decide for yourself whether or not to answer questions in a situation like this without legal representation. The warrant is escalatory; this is an order of magnitude higher than a couple of detectives stopping by during "Price is Right" to ask a question or two about your node.

    11. Re:Standard tactics by Anubis+IV · · Score: 2

      The police department itself answered some of your questions before you posted them here. From one of the links in the summary (emphasis mine):

      [Seattle Police Department] spokesperson Sean Whitcomb said the department understands how Tor works and that before executing the search, officers knew that Bultmann and Robinson operated the Tor node out of their apartment.

      As you said, they had done a thorough investigation in advance, which turned up the fact that the couple was running a TOR exit node. So, the question "how would they know there was a TOR exit node there?" is rather moot, given that the police did know the exit node was there (aside: TOR exit nodes are public info, easily searched online). As for the justification they provide for pursuing the application, despite knowing about the node:

      "Knowing that [they are running a TOR exit node] doesn't automatically preclude the idea that the people running Tor are not also involved in child porn," Whitcomb told NPR. "It does offer a plausible alibi, but it's still something that we need to check out."

      Ok, that's reasonable. A crime has been committed and it's their job to investigate it, which includes verifying alibis. I get that. But why hide the information from the judge? While it's the job of the police to investigate, they have boundaries they can't cross without permission, and it's the judge's job to determine if the police have provided a good enough justification for taking their investigation into someone's home. By failing to disclose known information that could potentially undermine their request, the police usurped the judge's ability to make an informed decision, meaning that this may have been an illegal search.

      Regardless of how polite the detectives who knocked at 6am were, there is no such thing as a professionally conducted illegal search. The phrase itself is an oxymoron. This situation only "went down" because someone misled a judge, so it seems a bit disingenuous to suggest that "this went down just like it should", when the way it should have gone down is that they properly informed the judge of the relevant details. Had they done so, I'd have absolutely no complaint about the way that the rest of it shook out.

    12. Re:Standard tactics by KGIII · · Score: 2

      Again, that's probability concerning there being evidence. Do not confuse a search warrant with an arrest warrant. Is there probable cause to believe that they'll be able to collect evidence that helps them determine guilt or innocence, find the guilty party, etc... An arrest warrant and a search warrant are entirely separate things. Was there a probability that they'd discover evidence there? The answer is yes. In fact, they did discover evidence. They discovered it was someone using TOR. I know it sounds odd but that is, indeed, evidence. In fact, it's evidence that shows that the people are less likely to be able to be proven guilty and thus subjected to an arrest warrant.

      --
      "So long and thanks for all the fish."
    13. Re: Standard tactics by lgw · · Score: 2

      Are you seriously proposing that someone operating a TOR exit node would then go on to do something sketchy without using TOR?

      --
      Socialism: a lie told by totalitarians and believed by fools.
  2. More Information by Frosty+Piss · · Score: 4, Informative
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  3. Re:Tor exit node by Frosty+Piss · · Score: 2

    Sorry, did you have a traumatic brain injury? I really cant understand your writing...

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  4. Re:Tor exit node by 110010001000 · · Score: 5, Funny

    He is a hacker. Goes by the name "Zero Cool"

  5. Re:I wonder what they installed by Frosty+Piss · · Score: 3, Insightful

    Presuming they don't have the remote access, maybe they use the opportunity to install some spy/otherware on all these nodes they are 'checking'...

    Good point. Seattle Privacy Coalition took their servers off-line and replaced them from the hardware up. The Tor node is still down.

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  6. Re:Tor exit node by NotInHere · · Score: 2

    Imagine if nobody ran it from their house, and everybody used a hosting provider. Then all it would need to take over the TOR network would be to subpoena the five most popular hosting providers that control 90% of the market share (I suppose there is such a market share distribution here...).

  7. Not the first time in seattle for Police Spying by Frosty+Piss · · Score: 5, Informative

    This is not the first time the Seattle Police have made forays into spying on the citizenry.

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  8. Re:Yeah, so? by Frosty+Piss · · Score: 3, Insightful

    They're not suppose to investigate? The couple running the exit node weren't aware that their equipment could be used to facilitate criminal actions?

    Let me paraphrase your comment: THINK OF THE CHILDREN! AND TERRORISTS! WHAT ABOUT THE TERRORISTS!

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  9. Re:Tor exit node by wirefarm · · Score: 2

    Maybe his real name is "Kelvin"?

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  10. I hate to be the one... by JThundley · · Score: 4, Insightful

    I hate to be the one defending the cops, but it really sounds like they did things the right way here. They raided a little early, but not in the middle of the night. They knocked on the door instead of ramming it down, they didn't throw flashbangs, they didn't shoot any dogs or anything else for that matter. The cops didn't steal a bunch of unrelated stuff and there were no bullshit charges leveled against the couple.

    The real test will be seeing what they do next. If they learned from this raid and generally leave them alone, I have no complaints. If they do this every other week when someone else uses their Tor node for child porn, then and only then is it harassment.

    1. Re:I hate to be the one... by phantomfive · · Score: 4, Interesting

      I hate to be the one defending the cops, but it really sounds like they did things the right way here. They raided a little early, but not in the middle of the night. They knocked on the door instead of ramming it down, they didn't throw flashbangs, they didn't shoot any dogs or anything else for that matter. The cops didn't steal a bunch of unrelated stuff and there were no bullshit charges leveled against the couple.

      That's a really low standard for "did the right thing."

      --
      "First they came for the slanderers and i said nothing."
    2. Re:I hate to be the one... by PopeRatzo · · Score: 4, Insightful

      That's a really low standard for "did the right thing."

      "Good for the police for not shooting any one."

      We really have lowered the bar, haven't we.

      --
      You are welcome on my lawn.
  11. Re:Yeah, so? by Frosty+Piss · · Score: 2

    Why, who would have known that the person known pseudonymously on slashdot.org as "Frosty Piss" (id 770223 ) is PRO CHILD PORN AND A TERRORIST SUPPORTER. I mean, that is really surprising that "Frosty Piss" (id 770223 ) LIKES CHILD PORN AND A ROOTS FOR TERRORISTS.

    Wow. Just wow.

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  12. Could be, they just don't understand how TOR works by wirefarm · · Score: 5, Interesting

    I read the warrant affidavit (https://www.seattleprivacy.org/wp-content/uploads/2016/04/154-AFFIDAVITCONDOINTERENTWAVEG401PARKPLACECEN.pdf) and they were not just "searching for child porn" but searching for the uploader of a specific file to a specific post on 4chan.
    This specificity makes me think that they sincerely thought they could find the uploader of the child porn clip in question, but didn't understand how TOR works, or how exit nodes work, at least.

    If you run an exit node, there's the chance that some pedo is going to use it and their actions are going to be stamped with your IP address.

    Given the level of technical knowledge required to understand the technologies involved, I can't even chalk this up to incompetence on the part of the law enforcement officers.

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  13. next step, people using sealed envelopes by frovingslosh · · Score: 4, Interesting

    God damn privacy advocates. They are probably a bunch of paranoids who think the government is after them too. This should teach them a lesson.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  14. Omission is lying by BrookHarty · · Score: 3, Interesting

    They knew it was a tor node and knew the warrant was used for harassment only.

    Seems like an easy 4th amendment lawsuit. Pre-filled form warrant, Knew it was a tor node, Expert lied to filled out the warrant.

    But I guess society lets them do it, over and over and over.

  15. Similar to last month's "Free Talk Live" search? by Nonesuch · · Score: 2

    This sounds similar to the search of Free Talk Live in Keene, NH about 2 weeks ago. Early on a Sunday morning, the FBI served a warrant , under which FBI agents walked off with anything with a USB or SATA interface.

  16. Re:Yeah, so? by Sarten-X · · Score: 5, Interesting

    This is a standard (for Slashdot) hit piece against a legitimate police action. Consider a few key details from TFS:

    The Seattle Police Department acknowledged that no child porn was found, no assets were seized, and no arrests were made.

    In other words, an officer had a reasonable suspicion that something illegal happened that required a search, and convinced a judge of such, which is the entirety of Fourth Amendment protection. The police don't have to convince the public that a search is reasonable. They only have to convince a judge. The judge (and his views on privacy and other issues) is elected in a general election.

    In this case, the search ensued, and it's determined that there's no justification for further action (at this time). That's the entirety of the legal process so far. The server operators then chose to buy new hardware and build a new server, but that's their own paranoia, and the police aren't responsible for that.

    "You knew about the Tor node, but didn't mention it in warrant application. Y'all pulled a fast one on the judge... you knew the uploader could have been literally anyone in the world."

    According to the second (heavily biased) TFA, the detectives learned about the exit node between requesting the warrant and executing the search. Even if known, it doesn't necessarily have to be mentioned in the search warrant. It could be exculpatory, but just as there's no evidence the server operators were responsible for the crime, there's no evidence they weren't.. Are we now assuming that people running Tor exit nodes are now above suspicion? Are they the next group to be unaccountable to the law?

    Despite the outrage by the privacy community, and the anti-police bias in TFAs, it looks like everything here happened exactly as it's supposed to, given the current state of the law.

    --
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  17. Take that, you, you Americans! by BrendaEM · · Score: 2

    That will teach you believing in the U.S. Constitution or the Bill of Rights, or anything our founding fathers fought and died for.

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  18. Re:Could be, they just don't understand how TOR wo by Nethead · · Score: 2

    A local report I heard on the radio (KIRO or KPLU, can't find it now) says that one of the cops was enough of a geek to know what TOR was and that is why the issue was cleared up so quickly. I mean how were they going to find out it was an exit node anyway? They got an IP and an location, got a warrant and then went to talk to the guy. Should they have tapped his connection first to find out it was an exit node? How would you tell just from the exit traffic anyway? I suspect they weren't thinking TOR but an unsecured WiFi or a pedo, if the latter then that's why they had the warrant. If an unsecured WiFi then the geek cop could figure that out quickly enough but it would also mean that they were close to the pedo's location and then may have setup their own honeypot WiFi.

    Cops don't like TOR because it give false hits like this and take up a lot of time and money.

    --
    -- I have a private email server in my basement.
  19. Re: Tor exit node by penix1 · · Score: 2

    with a 28.8 modem from a payphone

    They were using acoustic couplers taped to the phones in the movie. 28.8 baud modems were too new for that. I know, I had a 300 baud acoustic modem way back when...

    From:

    https://en.wikipedia.org/wiki/...

    The practical upper limit for acoustic-coupled modems was 1200-baud, first made available in 1973 by Vadic and 1977 by AT&T. It became widespread in 1985 with advent of the Hayes Smartmodem 1200A. Such devices facilitated the creation of dial-up bulletin board systems, a forerunner of modern internet chat rooms, message boards, and e-mail.

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  20. Re:Could be, they just don't understand how TOR wo by bigfinger76 · · Score: 3, Funny

    Ohh, so that's why cops don't like TOR. Gotcha!

  21. Re:Could be, they just don't understand how TOR wo by Nethead · · Score: 2

    Yep. Cases they are working go cold. Now in a less free society the things cops may be looking for are what we call human rights, why TOR was invented. But the downside is that when cops are working valid cases trying to protect kids human rights of not getting fiddled with, it hampers the investigation. The cops spent a lot of time on the case and because it turned out to be TOR, they are unhappy. But in the US and the rest of the free world, that is the price we pay for trying to protect those that don't have our rights.

    --
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  22. Re:Wait a minute... by Tokolosh · · Score: 2

    One thing we do know for sure - nobody is going to get in any trouble whatsoever over this, except the luckless couple.

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  23. Re:Could be, they just don't understand how TOR wo by bigfinger76 · · Score: 2

    Part of 'making the US better' involves not buying into the cop-drama bullshit you seem to believe. Read the news sometime.

  24. No evidence by Etherwalk · · Score: 5, Interesting

    There is no evidence of a lack of probable cause though. The problem is that there was still an illegal post made from that ip address which was assigned to a physical address and specific people. You still have probable cause to look for evidence that it was made from a computer at the physical address or through the TOR node. Nothing about the node changes that other than possibly clearing the person when the evidence doesn't exist.

    The Node highly changes the likelihood that there is evidence of the crime there. Tor exit nodes are designed not to know anything about the sender. This was about posts made from that node. While it is hypothetically possible for a research institution or government agency to modify an exit node, add sniffers, etc..., there is no reason to expect a civilian running an exit node to be doing that. While it is also possible for someone who owns a machine at that address to be the guilty party, the fact that an exit node is present makes it much, much, much less likely. It has a direct impact on the totality-of-the-circumstances analysis someone should use in determining whether PC exists.

    1. Re: No evidence by chaboud · · Score: 2

      Odd that they would feel compelled to leave it out, then...

      The fact that you two can even have this argument is reason enough to *let the judge decide*... Which, of course, is only possible if he has the evidence.

    2. Re:No evidence by Calydor · · Score: 4, Insightful

      So if evidence points to the public wifi at the local McDonalds, does the police go do a raid there as well?

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    3. Re: No evidence by Anonymous Coward · · Score: 2

      Bullshit. It changes everything and you know it. If the officer applying for the warrant was unaware that publicly proclaimed privacy advocates are running an exit node (totally detectable because the list of nodes is public) then that officer is incompetent. It is more likely that the police chose to omit material facts from the warrant application, which is beyond wrong.

      This isn't about that particular kind of content, it's about harassing anti surveillance people.

  25. Minimal Inconvenience by Etherwalk · · Score: 3, Insightful

    No, this was handled properly. Suspected illegal activity was investigated and they were quickly found to not be part of it with minimal inconvenience. I'm not sure why this is even a story. Guess what, if you are around a store that gets robbed or some other crimes the cops will investigate also.

    Also, "Minimal Inconvenience" compared to what? The guy had six cops show up at his home at 6:15, barge in, intimidate him, watch as he got dressed, etc...

    Yes, it's a minimal inconvenience compared to them arresting him or sending him to federal prison. And it's GREAT that somebody on-scene had the good sense to say they don't even have to seize any assets. But it's still a MASSIVE intrusion into his life, one that the Constitution exists to protect him from.

    Most cops are trying to go a good job, so when an officer and a judge sign off on this kind of intrusion without better cause, it makes them all look bad, because it means they wind up hurting the community, hurting the trust between the community and the police, and wasting resources that could be spent going after actual criminals.

  26. Re: Yeah, so? by skywire · · Score: 2

    Don't feed the troll.

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  27. Re:Depends on the spin by rossz · · Score: 4, Insightful

    we give them the benefit of the doubt that they were not simply trying to harass.

    There's your mistake. You are giving the police the benefit of the doubt. Never do that. Cops lie. Cops are trained to lie. Cops are encouraged to lie. When judges catch them lying, they sometimes scold them, but it's rare that anything serious happens. The next time, the cops will just go to a different judge. One who is more flexible in his thinking when it comes to rights.

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