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В 1990 году сеть ARPANET прекратила своё существование, полностью проиграв конкуренцию NSFNet. The [electronically stored information] and other material seized and searched has been contaminated at its source, and at several later points along the way, rendering the direct and indirect product of those searches and seizures – in essence, the entire product of the investigation itself – inadmissible,
9. Based on publicly available information, I subsequently learned that the Subject IP Address was assigned to a server (the “Subject Server”) housed at an overseas data center operated by a foreign company in Iceland (the “Data Center”).[6] Accordingly, on June 12, 2013, an official request (the “June 12 Request”) was made to Icelandic authorities to:
(1) obtain subscriber information associated with the Subject Server;
(2) collect routing information for communications sent to and from the Subject Server, including historical routing data from the prior 90 days; and
(3) covertly image the contents of the Subject Server.
See Ex. A (Letter from Assistant U.S. Attorney Serrin Turner to Reykjavik Metropolitan Police dated June 12, 2013).[7]
10. The June 12 Request was subsequently executed by the Reykjavik Metropolitan Police (the “RMP”). The RMP obtained subscriber information for the Subject Server
first, which reflected that the server was leased by the Data Center to a non-U.S.-based web hosting provider (the “Webhosting Provider”). Based on my training and experience, I believed at the time that the Webhosting Provider, in turn, leased the Subject Server to the administrator of Silk Road. After Ulbricht’s arrest, data was subsequently recovered from his computer reflecting that he in fact had leased several servers, including the Subject Server, from the Web Hosting Provider. Notably, the operation of Silk Road on the Subject Server was in violation of the Webhosting Provider’s terms of service, which prohibited the illegal use of its systems and warned that its “systems may be monitored for all lawful purposes, including to ensure that use is authorized.” See Ex.C (archived Terms of Service webpage from July 27, 2013).
11. After obtaining subscriber information for the Subject Server, the RMP next obtained traffic data (not including content) for the Subject Server, which showed a very large volume of Tor traffic flowing to the server. Based on my training and experience, this traffic strongly evidenced that the Subject Server was being used as a Tor hidden service and corroborated the information we already had indicating that the Subject Server was being used to host Silk Road.
12. Given this corroboration, we asked the RMP, which coordinated with the FBI on the timing of the search of the Subject Server, to proceed with covertly imaging the server. After obtaining the necessary court order under Icelandic law, the RMP imaged the Subject Server on July 23, 2013. The FBI was not involved in obtaining that court order or ever given a copy of it. Nor was the FBI present for or otherwise involved in the imaging of the server, other than consulting with the RMP as to when the imaging should be done. At no time did the FBI possess any authority to direct or control the RMP’s actions. The RMP decided independently that imaging the Subject Server was feasible and appropriate under Icelandic law and they ultimately decided precisely when and how to do it.
13.c. The TARGET SERVER is physically maintained at a server storage facility, specifically, Windstream Communications Conshohochen Data Center, located at 1100 East Hector Street, Lee Park, Suice 500, Conshohocken, Pennsylvania.
b. However JTAN.com has administrative access to the TARGET SERVER. In response to the FBI's inquiry concerning the server, JTAN.com has electronically preserved the contents of the TARGET SERVER and can produce this data to the FBI in response to the search warrant sought herein.
two other issues could be resolved if Mr. Ulbricht were provided (by the defense) external hard drives that could accommodate five additional terabytes of data…
Mr. Ulbricht still cannot utilize two programs/platforms: Oracle VM Virtual Box, which would enable Mr. Ulbricht to view virtual machine images related to the contents of his laptop computer, and SQL Maestro/MySQL Workbench, which would facilitate Mr. Ulbricht’s review of the Silk Road marketplace database.
At his current pace, he estimates it will require an additional 400 hours for him to review the remaining TOR chat logs from his laptop. These chat logs, however, гepresent only a small portion of the remaining discovery. Mr. Ulbricht cannot even predict at this point how long it will take him to review the totality of what remains, given that this total includes such items as a three-terabyte image of one of the remote servers that Mr. Ulbricht could not decompress and view on the laptop provided by the government, and which will be decompressed and loaded on one of the external hard drives that have been ordered and should be available next week (as discussed ante).
Even if the FBI had somehow ‘hacked’ into the [Silk Road] Server in order to identify its IP address, such an investigative measure would not have run afoul of the Fourth Amendment,” the prosecutors’ new memo reads. “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.… “Because the SR Server was located outside the United States, the Fourth Amendment would not have required a warrant to search the server, whether for its IP address or otherwise,” the prosecution’s filing reads.
Finally, prosecutors argue that for the 30-year-old Texan to claim privacy protections for Silk Road’s server, he would have to declare that it belonged to him—a tricky Catch-22. Ulbricht hasn’t claimed personal possession of that computer’s data, as doing so would almost certainly incriminate him. But because he hasn’t he can’t claim that his privacy was violated when it was searched, according to the prosecutor’s reasoning. “Because Ulbricht has not submitted any affidavit alleging that he had any possessory interest in the SR Server—let alone one that would give him a reasonable expectation of privacy—his motion should be denied,” reads the prosecutors’ filing.
Thus, the government posits two standards of behavior: one for private citizens, who must adhere to a strict standard of conduct construed by the government, and the other for the government, which, with its elastic ability to effect electronic intrusion, can deliberately, cavalierly, and unrepentantly transgress those same standards. Yet neither law nor the Constitution permits rank government lawlessness without consequences.
Исходя из моего опыта и навыковЭто еще не стало мемом?))
gidbit> If the NSA used certain and specific techniques to assist the FBI, then the prosecution is bound by law to wholly fabricate the evidence chain, so as to not disclose the nature of such techniques. The judge(s) involved are bound by law to approve the fabrication(s) and the defendant is, again, by law, not allowed to know the true evidence chain. This is how terrorism cases are made. And its terrifying.
goonsack>
There's a whole department devoted to this intelligence laundering, called the «Special Operations Division» (at least in the case of the DEA). NSA tips are fed to the other agency, and a 'parallel construction' (i.e. an alternate evidence chain that would appear not to rely on the NSA tip) is fabricated in order to obtain a warrant.
You seem pretty resigned to this sort of behavior continuing, but I imagine there could be a legal test to this practice mounted soon though. The tricky part is proving where the tip originated. But, if the initial tip is shown to have originated from warrantless surveillance, any further evidence (and prosecution) based on this illegal intelligence gathering would be considered 'fruit of the poisonous tree' so to speak, and considered inadmissible. Furthermore, the concealment of the provenance of such intelligence could itself violate constitutional due process rights, due to the Brady decision.
But security bod Nicholas Cubrilovic who spent significant time probing Silk Road doubted the bust was as simple as a borked CAPTCHA on the grounds that the anti-spam generator was hosted on the Silk Road server, and alleged the affidavit omitted information regarding more direct application exploitation and fuzzing.
«Were the Silk Road site still live today, and in the same state it was as in back in June 2013 when the agents probed the server, you wouldn't be able to reproduce or recreate what the agents describe in the affidavit… [the CAPTCHA] theory does not stand up to scrutiny because the Silk Road image CAPTCHA was hosted on the same server and at the same hidden URL as the Silk Road website.
»The idea that the CAPTCHA was being served from a live IP is unreasonable. Were this the case, it would have been noticed not only by me – but the many other people who were also scrutinizing the Silk Road website. Silk Road was one of the most scrutinized sites on the web, for white hats because it was an interesting challenge and for black hats since it hosted so many Bitcoin (with little legal implication if you managed to steal them)."
Cubrilovic claimed it was more likely the FBI found and exploited a security vulnerability or discovered an information leak in the Silk Road login page and application.
Those vulnerabilities which revealed the public IP address including a var_dump likely from inexperienced live debugging were made public on Stack Exchange — Cubrilovic suggested the FBI may have taken advantage of these errors to locate Silk Road.
«This would explain why the FBI included the statement about 'typing in miscellaneous entries into the username, password, and CAPTCHA fields', because they needed to enter an exploit command to prompt the server to either dump or produce the IP address variable.»
In this scenario, the description of packet sniffers and 'inspecting each packet' is all a distraction from what the FBI really did. Technically, saying that a packet sniffer revealed the true IP address of the server is true – what isn't mentioned is the packet sniffer was picking up responses from a request to the login page that was forcing it to spit out the IP address as part of a bug."

5 After Ulbricht’s arrest, evidence was discovered on his computer reflecting that IP address leaks were a recurring problem for him. In a file containing a log Ulbricht kept of his actions in administering the Silk Road website, there are multiple entries discussing various leaks of IP addresses of servers involved in running the Silk Road website and the steps he took to remedy them. For example, a March 25, 2013 entry states that the server had been “ddosd” – i.e., subjected to a distributed denial of service attack, involving flooding the server with traffic – which, Ulbricht concluded, meant “someone knew the real IP.” The entry further notes that it appeared someone had “discovered the IP via a leak” and that Ulbricht “migrated to a new server” as a result. A May 3, 2013 entry similarly states: “Leaked IP of webserver to public and had to redeploy/shred [the server].” Another entry, from May 26, 2013, states that, as a result of changes he made to the Silk Road discussion forum, he “leaked [the] ip [address of the forum server] twice” and had to change servers.
Грозный пират утонул из-за протекающей капчи