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Index > Heap > [Encryption] Boucher gave in. Fricosu betrayed. Doe succeeds

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ass0



Joined: 31 Dec 2008
Posts: 521
Location: ( . Y . )
ass0
i think that if he was too fool to name his files like those, he also was too fool to put a password like '1234' or 'daisydaisy' so the government easily could decrypt it, that's why his lawyer advised plead himself guilty.
Post 26 Sep 2009, 22:18
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windwakr



Joined: 30 Jun 2004
Posts: 827
Location: Michigan, USA
windwakr
They had him for 3 years. If it was a simple password, they'd have gotten him for CP possession a long time ago, without him confessing.

But ya, this guy was stupid. He admitted to having CP at the border when he first came in:
wrote:

At the border, he told agents he downloads pornography from news groups and sometimes unknowingly acquires child pornography but deletes the images if he realizes it, according to an affidavit filed by Immigration and Customs Enforcement.

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Post 26 Sep 2009, 22:38
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Kenneth



Joined: 16 Nov 2005
Posts: 38
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Kenneth
Hey, maybe the guy was telling the truth about not intentionally downloading the material and he thought they would be understanding. At least its more plausible than blaming it on your cat.
Post 27 Sep 2009, 05:47
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vid
Verbosity in development


Joined: 05 Sep 2003
Posts: 7105
Location: Slovakia
vid
Quote:
At the border, he told agents he downloads pornography from news groups and sometimes unknowingly acquires child pornography but deletes the images if he realizes it, according to an affidavit filed by Immigration and Customs Enforcement.

That's different from admitting he has CP. He only admitted possibility of having CP.

Quote:
At least its more plausible than blaming it on your cat.

looooool
Post 27 Sep 2009, 09:53
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ManOfSteel



Joined: 02 Feb 2005
Posts: 1154
ManOfSteel
Quote:
At the border, he told agents he downloads pornography from news groups and sometimes unknowingly acquires child pornography but deletes the images if he realizes it, according to an affidavit filed by Immigration and Customs Enforcement.

Then the whole thing is stupid. How can he plead guilty to (maybe he's just insane) and be accused of something he didn't intentionally do?

Where is the criminal intent (intend the act charged and intend to violate law) in here? There is none and he should be a free man. Are non-child porn illegal in Vermont?

Where is the evidence? File names are not evidence. Was the partition ever decrypted?
Post 27 Sep 2009, 10:10
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revolution
When all else fails, read the source


Joined: 24 Aug 2004
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revolution
ManOfSteel: The law is not about intent. It is about outcomes.

"Sorry officer, I didn't mean to drive into him and kill him. Can I go home now? Thanks."

It doesn't work that way.
Post 27 Sep 2009, 10:16
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ManOfSteel



Joined: 02 Feb 2005
Posts: 1154
ManOfSteel
Borsuc wrote:
May I ask WTF is their business with MY freaking data? It's not like it can materialize into a gun or something I can hijack the goddamned plane.

Oh, but you *could* have *plans* to hijack a plane or blueprints of your bombing target or lists of your terrorist comrades in arms, etc. I think that's quite enough according to the USA PATRIOT act! Wink
Post 27 Sep 2009, 10:19
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ManOfSteel



Joined: 02 Feb 2005
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ManOfSteel
revolution wrote:
ManOfSteel: The law is not about intent. It is about outcomes.

"Sorry officer, I didn't mean to drive into him and kill him. Can I go home now? Thanks."

It doesn't work that way.

It IS about intent (a class of mens rea) among other things. And there is no intent here, since he *said* he didn't *intentionally* do it and they didn't (AFAIK) *prove otherwise*.

In the case of driving into someone, there's evidence, eyewitnesses, your damaged car, the dead person with particles of your car paint on him.
In this case, there is no evidence whatsoever other than *filenames*. So if someone has an encrypted Dead Kennedys album, it means he's the one behind the JFK assassination?
Post 27 Sep 2009, 10:37
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ass0



Joined: 31 Dec 2008
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ass0
revolution wrote:
ManOfSteel: The law is not about intent. It is about outcomes.

"Sorry officer, I didn't mean to drive into him and kill him. Can I go home now? Thanks."

It doesn't work that way.


Just imagine someone has to get rid of the evidence and he throws tapes and pictures into revo's yard.

Then the tomorrow's newspaper headlines has something like 'Revo the Pedo: He was caught in CP position'...
Post 27 Sep 2009, 10:54
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revolution
When all else fails, read the source


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revolution
ass0 wrote:
Then the tomorrow's newspaper headlines has something like 'Revo the Pedo: He was caught in CP position'...
Or she.
Post 27 Sep 2009, 11:08
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revolution
When all else fails, read the source


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revolution
ManOfSteel wrote:
In this case, there is no evidence whatsoever other than *filenames*.
Which is why I don't understand his guilty plea. His intent means zero. If they can show the CP he gets punished even if (he claims) he didn't mean to transport it.
Post 27 Sep 2009, 11:10
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ass0



Joined: 31 Dec 2008
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ass0
revolution wrote:
...Or she.


Or 'fifty fifty' like semenya. xD
Image
Post 27 Sep 2009, 11:21
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Borsuc



Joined: 29 Dec 2005
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Borsuc
Hey revolution are you really a girl, or a guy? I think you're a martian, that's why you're hesitant to tell us. Wouldn't want to become a lab rat right? Wink
Post 27 Sep 2009, 14:48
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revolution
When all else fails, read the source


Joined: 24 Aug 2004
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revolution
Borsuc wrote:
Hey revolution are you really a girl, or a guy? I think you're a martian, that's why you're hesitant to tell us. Wouldn't want to become a lab rat right? Wink
We are the Borg. And, no, that does not mean we are from Sweden. And, no, my brother is not Bjorn.

Is this me?
Image

Or is this me?
Image
Post 27 Sep 2009, 15:02
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rugxulo



Joined: 09 Aug 2005
Posts: 2341
Location: Usono (aka, USA)
rugxulo
Guys, I think I heard of one guy getting prosecuted just for writing CP fiction. So yeah, don't expect "the law" to make a lot of sense, it often doesn't. Don't forget that people change laws every day, so it's not exactly absolute. (Even the "hallowed" U.S. Constitution only went 64 years at max. between changes.)
Post 27 Sep 2009, 18:46
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revolution
When all else fails, read the source


Joined: 24 Aug 2004
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revolution
CBP guard: Please come over here so that I can search your stuff.
revolution: Okay.
C: Is this your laptop?
r: Yes.
C: [turning it on] What is the password?
r: [makes no reply]
C: What is the password?
r: Not saying.
C: Do you have any CP, terrorists plans, illegal software on it?
r: WTF? If you are looking for that sort of thing then just go the the Intertubes and download your own.
C: Don't be a smart-arse. If you don't tell me the password then I can arrest you for <some stupid USA law about anti-terrorism nonsense>.
r: My password and the data it protects are private, secret and personal and you have no right to any of it.
C: [gets out handcuffs] Please put your hands behind your back and turn around ...
Post 28 Sep 2009, 04:27
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pete



Joined: 20 Apr 2009
Posts: 110
pete
Everything that is most secret to me is kept in my head and not in encrypted electronic storage devices or any other medium. I believe this is the best way; of course i cannot save illegal movies or mp3's in my brain.
Post 28 Sep 2009, 08:41
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ManOfSteel



Joined: 02 Feb 2005
Posts: 1154
ManOfSteel
Just install a *BSD system. The guard will be so scared of the startup process, he'll let you go immediately with an apology, thinking he broke your machine. Laughing
Post 28 Sep 2009, 09:32
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revolution
When all else fails, read the source


Joined: 24 Aug 2004
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revolution
And what comes next? First they want to search my data now they want to search my arse! ShockedCrying or Very sad

http://www.hlswatch.com/2009/09/18/anal-secrets-and-the-coming-tempest-in-homeland-security/
Post 28 Sep 2009, 11:54
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ass0



Joined: 31 Dec 2008
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ass0
>.< poor revo. Did they used vaseline or some kind of condom?
Post 28 Sep 2009, 11:56
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