full-disclosure - Re: VPN provider helped track down alleged LulzSec member

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Date: Fri, 30 Sep 2011 11:38:35 -0500
From: Laurelai <laurelai@...echan.org>
To: full-disclosure@...ts.grok.org.uk
Subject: Re: VPN provider helped track down alleged
 LulzSec member


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On 9/30/2011 10:45 AM, adam wrote:
> "User location determines Judicial Jurisdiction - how is that irrelevant?"
>
> Jurisdiction in the prosecution of such crimes, yes. In the
investigation itself, no. Which seems to be where all the confusion is
coming from. If you use a service in the US to commit a crime, and that
service is ordered by a court to turn over information about you,
they're legally obligated to do so. The content (e.g. your location) of
that information isn't relevant in terms of the court order - it only
becomes relevant in the prosecution of whatever crime you've committed.
What "glow" is suggesting is that if the service provider determined the
user's location to be somewhere in Russia, that they could then tell the
court "Sorry, but the user is located in a place that this court doesn't
have jurisdiction" - which not only wouldn't work, but would also cause
them to personally face punishment for violating a court order.
>
>
> _______________________________________________
> Full-Disclosure - We believe in it.
> Charter: http://lists.grok.org.uk/full-disclosure-charter.html
> Hosted and sponsored by Secunia - http://secunia.com/
Cause them to face punishment in what country? Wouldn't they have to
extradite them? What if their extradition treaty didn't cover
cybercrime, or they didn't have one with the US?
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Full-Disclosure - We believe in it.
Charter: http://lists.grok.org.uk/full-disclosure-charter.html
Hosted and sponsored by Secunia - http://secunia.com/