Full Disclosure mailing list archives

Re: VPN providers and any providers in general...


From: Jeffrey Walton <noloader () gmail com>
Date: Tue, 4 Oct 2011 22:50:19 -0400

On Tue, Oct 4, 2011 at 10:19 PM, xD 0x41 <secn3t () gmail com> wrote:
This is ONCE you are actually in front, of the judge...remember, it may take
some breaking of civil liberty, for this to happen... or i maybe wrong.
cheers
Yep. Though some are probably not nice people, the Guantanamo Bay
detainees were denied US Constitutional Rights (so said the US Supreme
Court, 3 times).

The folks who perverted our highest laws and precepts were not brought
up on charges, or even censored. Sparta had it right: put the
politicians on trial for their [alleged] crimes when their term is up.

Who are the real terrorist against our [US] democracy?

Jeff

On 5 October 2011 15:10, Laurelai <laurelai () oneechan org> wrote:

On 10/4/2011 6:50 PM, adam wrote:

"That actually depends on the situation, contempt can be criminal. And
frankly if you refuse a court order for information like that, the LE
officers will just seize it by gunpoint legally, then arrest you."
I'm curious as to what you think would cause contempt to be a criminal
offense, especially in that example.
Secondly, without the appropriate warrant - they couldn't legally take
anything. If they disregarded that truth and did so anyway, they'd open
themselves up to a pretty big lawsuit for violating that individual's civil
rights as well as due process. Not to mention, anything found would likely
end up being inadmissible because it was obtained illegally.

On Tue, Oct 4, 2011 at 10:39 PM, Laurelai <laurelai () oneechan org> wrote:

On 10/4/2011 6:35 PM, adam wrote:

"(Option 3 - the guy heads downtown on a contempt of court charge -
happens so
rarely that it's basically a hypothetical)."
You do realize that (at least in the US) - contempt is not a criminal
offense, don't you?

On Tue, Oct 4, 2011 at 8:05 PM, <Valdis.Kletnieks () vt edu> wrote:

On Tue, 04 Oct 2011 03:15:02 EDT, Jeffrey Walton said:
On Tue, Oct 4, 2011 at 3:06 AM, Ferenc Kovacs <tyra3l () gmail com>
wrote:

As I mentioned before it is hard to expect that a VPN provider will
risk his company for your $11.52/month, and maybe they would try it
for some lesser case, but what Lulsec did was grant, so I'm not
surprised that they bent.

"Alleged"

Yes. So?  In most jurisdictions, "alledged" and "probable cause" is
sufficient
to get a court to sign off on a subpoena and/or warrants.

"Dear Judge:  On Aug 23, a hacker using the handle "JustFellOutOfTree"
did
violate Section N, Clause X.Y of the criminal code by hacking into
BigStore.com.  The connection was traced back to the provider VPNs-R-Us.
 We
would like a court order requesting VPNs-R-Us to provide any and all
information they may have regarding this user".

That will usually do it (after bulked up to about 3 pages with legalese
and
dotting the t's and crossing the i's).

The next morning, the manager at VPNs-R-Us gets to his office, and finds
two guys with guns and a signed piece of paper.  At which point one of
two
things will happen:

1) the guy rolls and gives up all the info.
2) the guy calls his lawyer and makes sure that he gives up all the
required info,
and not one byte more.

(Option 3 - the guy heads downtown on a contempt of court charge -
happens so
rarely that it's basically a hypothetical).

That actually depends on the situation, contempt can be criminal. And
frankly if you refuse a court order for information like that, the LE
officers will just seize it by gunpoint legally, then arrest you.


http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00754.htm

And they can hold you indefinitely until you comply, or use your lack of
compliance as reasonable suspicion to get that warrant, oh and lets not
forget that they are declaring kids cyber terrorists and then the patriot
act takes effect in cases of suspicion of terrorism, when that happens you
don't have any rights anymore. Realistically we should stop calling them
rights since they aren't really rights, they are privileges that can be
revoked at government convenience.

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