Joerg, what you mention was Dratel's reason for invoking the /Vayner/
case in attempts to exclude the digital evidence, though all of those
objections were overruled.
In addition, he introduced an element of doubt during questioning by
pointing out that the data that the (New York) computer forensics team
analyzed was not provably the same data as that on Ross's laptop at the
time of its seizure. I'll try to summarize how that went:
- dataset A: the actual data on Ross's encrypted sda5_crypt partition
- dataset B: a /dd/ dump of sda5_crypt taken at the SF forensics lab
while the partition was mounted, plus md5 checksum/hash md5sum(B) = Bc
- dataset C: a copy of B, plus md5 checksum/hash md5sum(C) = Cc
Analysis was conducted against C. The prosecution witness stated that he
analyzed C, and testified to his belief that C was identical to A
because a) Cc == Bc, and b) chain of custody was preserved.
Claim (a) is unprovable, because 1) md5sum(A) = ?: no md5sum of A was
taken; 2) the proposition "Cc == Bc, therefore C == A" is a logical
failure without the addition of Bc == Ac; and 3) the /dd/ tool cannot
make an instantaneous filesystem dump and cannot guarantee that during
its execution the partition being dumped does not change. (In fact, the
SF team reported that their first attempt to /dd/ the partition failed
for some reason that escapes me right now.)
Dratel also put forward through testimony an argument suggesting that
since Ross's laptop was running the Transmission Bittorrent client at
the time of its seizure that data on the machine could have been
manipulated via the client. This was more or less a nonsense argument
based around trying to persuade a witness to agree that because
BitTorrent/Transmission necessarily requires a TCP port to be open on
the machine that anything could prospectively crawl through that open
port. The witness didn't fall for it, and Dratel failed to elucidate
anything further, like asking for evidence that the version of
Transmission running wasn't bugged, non-standard or altered from that
provided by stock Ubuntu.
On 02/10/2015 03:32 PM, Joerg Platzer wrote:
>
>
> Here's a question that I've been wondering why it does not come up in
> this kind of court case:
>
>
> When the government has the power to manipulate the data on
> everybody's computer (alter, delete, add data) how can data on a
> computer be taken as proof for something the same government claims?
>
>
> (Even leaving the fact aside that said government has an astonishing
> track record of lying to just about everybody just about everything.)
>
>
> ++jp
>
>
>
>
>
> ------------------------------------------------------------------------
> *Von:* unSYSTEM <unsystem-bounces@???> im Auftrag von Alec
> Spier <alec.spier@???>
> *Gesendet:* Dienstag, 10. Februar 2015 11:26
> *An:* System undo crew
> *Betreff:* Re: [unSYSTEM] Silk Road Trial is starting.
>
> Zero physical evidence implies that a persons computer hardware and
> data forensics is not "physical"
> --
> Sent from my Android phone with mail.com <http://mail.com/> Mail.
> Please excuse my brevity.
>
> Julia Tourianski <juliatourianski@???> wrote:
>
> alec... "I don't think that there is a handwritten journal
> detailing the killimgs."
>
> please get your facts straight before participating. there was 0
> physical evidence.
>
>
>
>
>
>
>
>
>
>
>
> For the secrets and lies, my PGP
> key:https://libbitcoin.dyne.org/julia_tourianski.pgp.asc
> <https://libbitcoin.dyne.org/julia_tourianski.pgp.asc>
>
> On Mon, Feb 9, 2015 at 4:17 PM, Alec
> Spier<alec.spier@???
> <mailto:alec.spier@consultant.com>> wrote:
>
> Excuse me, I don't think that there is a handwritten journal
> detailing the killimgs. It was om logs in his computer that he
> detailed. The handwritten notes detailed opening the business
> , not the killings. My bad. Its conceivable they lied about
> the murders or falsified the evidence but its also unlikely
> looking at the fact that blockchain showing the money being
> sent....
> --
> Sent from my Android phone withmail.com <http://mail.com/>
> Mail. Please excuse my brevity.
>
> Joerg Platzer <joerg@??? <mailto:joerg@room77.de>> wrote:
>
>
> Now have I entirely missed something here or do you guys
> keep on discussing if it was cool that DPR ordered murders
> for hire even though he is neither charged with these
> crimes not to mention found guilty?
>
> This reminds me of when the whole world discussed if it
> was ok for Sadam Hussein to have nuclear weapons or not,
> thus giving credibility to the outright lies of the people
> who claimed he had them.
>
> The same government-bag full of liars who claim that DPR
> wanted to kill by the way.
>
> ++jp
>
>
>
>
>
>
>
> ________________________________________
> Von: unSYSTEM <unsystem-bounces@???
> <mailto:unsystem-bounces@lists.dyne.org>> im Auftrag von
> Seth <list@??? <mailto:list@sysfu.com>>
> Gesendet: Montag, 9. Februar 2015 06:26
> An: System undo crew
> Betreff: Re: [unSYSTEM] Silk Road Trial is starting.
>
> On Fri, 06 Feb 2015 21:14:00 -0800, Alec Spier
> <alec.spier@??? <mailto:alec.spier@consultant.com>>
> wrote:
>
> > What were the terrible choices he had to face?
> >
> > A: Be blackmailed and pay the blackmail, close up shop
> and leave with
> > deca-deca-millions.
> > Improve security and open another store.
> >
> > B: Pay the blackmail and stay open. Be blackmailed again
> potentially.
> >
> > C: Tell the guy to fuck off, close shop and leave with your
> > deca-deca-millions.
> >
> > D: Tell the guy to fuck off, keep shop open risk him
> releasing the
> > customer
> > lists and allow the customers to be responsible for
> their own actions of
> > giving
> > their addresses and names to anonymous people on the
> internet.
> >
> > E: CLOSE SHOP, LAY LOW, MAKE A NEW WEBSITE
> >
> > F (for FAIL): Have a man whose identity you are not even
> definitively
> > sure of (considering
> > he didn't end up being existent) murdered...along with
> anybody else
> > threatening
> > your clientele.
> >
> > Just about every other option could have had him not
> cross the line and
> > attempt
> > to pay for people to DIE. Sorry but there's not any
> clear excuse for
> > this action
> > in my eyes, if you can explain one to me I'm willing to
> listen.
>
> See the problem here is that it was the blackmailer/snitch
> who first
> threatened violence, in this case the violence of the
> state. And it wasn't
> just DPR that was going to be harmed, it was many other
> innocent people
> that did not aggress against anyone else.
>
> Sicking the state on someone means threats backed by
> deadly force. The
> state gunmen threaten and/or inflict increasing levels of
> aggressive
> violence against a person until they either submit or die.
> State agents
> call this the 'use of force continuum'.
>
> In cases where the person on the receiving end of this
> violence is an
> actual criminal (that is caused real harm to person or
> property) this is
> not always a bad thing. In every other case it is.
>
> Get in this cage, or get in this body bag, it's your choice.
>
> So the snitch really was threatening all kinds of people
> with deadly
> force, and many of those people were going to have their
> lives destroyed
> by the state. Some would most likely be raped in prison as
> a result, which
> one could argue is a fate worse than death.
>
> Now for an extreme example of the concept: Let's say for
> the sake of
> argument that you are harboring a bunch of (insert
> persecuted people) from
> (insert despotic dictator) and his hired killers. Along
> comes a person who
> says, I'm a little short on cash, unless you provide me
> 300K USD, I'm
> going to let the dictator know where to find all these
> people who are
> cowering in your basement.
>
> If you pay someone to kill the snitch, is that an immoral act?
> _______________________________________________
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>
> _______________________________________________ unSYSTEM mailing
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::
Re: [unSYSTEM] Silk Road Trial is s…
