Re: [tor-talk] Silk Road taken down by FBI

[mirimir <mirimir@xxxxxxxxxx>]

On 10/03/2013 11:33 PM, shadowOps07 wrote:

> Was the VPN located in the US? If not, then FBI doesn't have any
> jurisdiction outside of US.

On p. 14 of UlbrichtCriminalComplaint.pdf, there's reference to a
"Mutual Legal Assistance Treaty".

> On Thu, Oct 3, 2013 at 6:54 PM, Roger Dingledine <arma@xxxxxxx> wrote:
> 
>> On Thu, Oct 03, 2013 at 08:58:57PM +0000, mirimir wrote:
>>> So they did have the server before they knew who he was.
>>
>> Careful there -- while I assume they didn't lie in their affidavit, it's
>> quite reasonable to assume that they investigated all sorts of things,
>> all sorts of ways, and then afterwards chose to write down exactly the
>> set of facts that when lined up in the correct order makes it look like
>> a clean solid case.
>>
>> It's a slippery slope from there to 'parallel construction', but I think
>> it's standard practice to start with some leads and use them to find
>> more solid facts, and it's also standard practice to not mention all
>> your leads in your affidavit.
>>
>> To be more concrete, their job here is to link the guy to the website.
>> So if they had a pretty good idea of who the guy was, but not enough
>> evidence to bust him, it makes sense to me that they would go find one
>> of the servers, collect all the evidence they can from it, and hope
>> to find something specific that points back at the guy. And who knows,
>> maybe they did that several times before they found something they liked
>> enough to build a case from it.
>>
>> Your theory that "he was sold out by one of his administrators" also
>> fits fine here -- the administrators pointed to the guy but then they
>> needed to build a solid-looking case.
>>
>>> We also knew
>>> that he was sold out by his VPN provider. Hopefully, the identity of
>>> that VPN provider will come out soon.
>>
>> Why? So everybody can abandon that VPN and move to a different one that
>> also responds to subpoenas but hasn't been written about in a high-profile
>> court case yet? :)
>>
>> --Roger
>>
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