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Full Disclosure
mailing list archives
Re: VPN providers and any providers in general...
From: Laurelai <laurelai () oneechan org>
Date: Tue, 04 Oct 2011 21:10:27 -0700
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
<mailto: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
<mailto: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 <mailto: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).
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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.
_______________________________________________
Full-Disclosure - We believe in it.
Charter: http://lists.grok.org.uk/full-disclosure-charter.html
Hosted and sponsored by Secunia - http://secunia.com/
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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Hosted and sponsored by Secunia - http://secunia.com/
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