Return-Path: <sentto-279987-5275-1030630795-fc=all.net@returns.groups.yahoo.com> Delivered-To: fc@all.net Received: from 204.181.12.215 [204.181.12.215] by localhost with POP3 (fetchmail-5.7.4) for fc@localhost (single-drop); Thu, 29 Aug 2002 07:22:09 -0700 (PDT) Received: (qmail 24313 invoked by uid 510); 29 Aug 2002 14:18:04 -0000 Received: from n37.grp.scd.yahoo.com (66.218.66.105) by all.net with SMTP; 29 Aug 2002 14:18:04 -0000 X-eGroups-Return: sentto-279987-5275-1030630795-fc=all.net@returns.groups.yahoo.com Received: from [66.218.67.200] by n37.grp.scd.yahoo.com with NNFMP; 29 Aug 2002 14:19:56 -0000 X-Sender: fc@red.all.net X-Apparently-To: iwar@onelist.com Received: (EGP: mail-8_1_0_1); 29 Aug 2002 14:19:46 -0000 Received: (qmail 1395 invoked from network); 29 Aug 2002 14:19:46 -0000 Received: from unknown (66.218.66.217) by m8.grp.scd.yahoo.com with QMQP; 29 Aug 2002 14:19:46 -0000 Received: from unknown (HELO red.all.net) (12.232.72.152) by mta2.grp.scd.yahoo.com with SMTP; 29 Aug 2002 14:19:46 -0000 Received: (from fc@localhost) by red.all.net (8.11.2/8.11.2) id g7TEKQQ21990 for iwar@onelist.com; Thu, 29 Aug 2002 07:20:26 -0700 Message-Id: <200208291420.g7TEKQQ21990@red.all.net> To: iwar@onelist.com (Information Warfare Mailing List) Organization: I'm not allowed to say X-Mailer: don't even ask X-Mailer: ELM [version 2.5 PL3] From: Fred Cohen <fc@all.net> X-Yahoo-Profile: fcallnet Mailing-List: list iwar@yahoogroups.com; contact iwar-owner@yahoogroups.com Delivered-To: mailing list iwar@yahoogroups.com Precedence: bulk List-Unsubscribe: <mailto:iwar-unsubscribe@yahoogroups.com> Date: Thu, 29 Aug 2002 07:20:26 -0700 (PDT) Subject: [iwar] [fc:U.S..Hacker.Uses.FSB's.Defense] Reply-To: iwar@yahoogroups.com Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: 7bit Moscow Times Thursday, August 29, 2002 U.S. Hacker Uses FSB's Defense By Nabi Abdullaev Staff Writer A Seattle lawyer defending a Russian hacker said he plans to use the same argument against the FBI as the FSB has used -- that FBI agents illegally hacked into a Russian web server to collect evidence against his client. After luring hacker Vasily Gorshkov to the United States in 2000, FBI agents secretly used a program to log every keystroke he made. They lifted his passwords and used them to enter the main server in Russia and copy files. Only then did the agents get a search warrant in the United States to read what they had downloaded. Gorshkov was convicted in October of various computer crimes and awaits sentencing Sept. 13 in a federal court in Seattle. He faces a maximum sentence of 100 years in prison. Once the sentence is handed down, Gorshkov's defense attorney John Lundin said he plans to file an appeal to the U.S. Supreme Court, arguing that the FBI's downloading of information from Russia constituted an illegal search because the agents had acted before obtaining a search warrant. This argument was already rejected in the lower court, which ruled that U.S. laws governing search and seizure did not apply to international searches. "I will argue that computers and technology have changed the way that search issues must be evaluated," Lundin said Tuesday in a written response to questions. "The U.S. Supreme Court ruled after the judge in Mr. Gorshkov's case made his decision that technology has changed the way privacy and search issues must be viewed." Lundin referred to a court case in which the Supreme Court ruled that police should have had a warrant to scan a house with a thermal imaging device from the street, even though the police did not physically enter the house. "In our case, the government used a device (software that captured computer passwords) to explore private information on a computer in a manner that would have previously been impossible without a physical intrusion," Lundin continued. "We are now dealing with non-physical intrusions done electronically, which are just as invasive as the old style physical entries into private places." Lundin also insisted that the search occurred in Seattle, not in Russia as the court ruled earlier, because data was transferred physically to FBI computers in Seattle. Among the evidence the FBI said it downloaded were some 56,000 stolen credit card numbers. Gorshkov was lured to Seattle with another hacker, Alexei Ivanov. The two young men, both from Chelyabinsk, came upon the invitation of a U.S. Internet company called Invita, which turned out to be a bogus firm set up by the FBI to ensnare them. Ivanov is still awaiting trial, in Connecticut. If convicted, he faces 90 years in prison. Last August, the Federal Security Service branch in Chelyabinsk opened a criminal case against FBI special agent Michael Schuler, accusing him of illegally accessing the Russian web servers. ------------------------ Yahoo! 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This archive was generated by hypermail 2.1.2 : 2002-10-01 06:44:32 PDT