DonationCoder.com Forum

Main Area and Open Discussion => Living Room => Topic started by: Renegade on October 03, 2013, 12:05 AM

Title: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on October 03, 2013, 12:05 AM
Damn!

[ You are not allowed to view attachments ]

http://www.forbes.com/sites/alexkonrad/2013/10/02/feds-shut-down-silk-road-owner-known-as-dread-pirate-roberts-arrested/

Feds Say They've Arrested 'Dread Pirate Roberts,' Shut Down His Black Market 'The Silk Road'

Very disappointed...
Why can't they just mind their own business and leave people alone. Sheesh...

Maybe Atlantis will fire up again. I hope this isn't the end. More black markets is a good thing.

What I just don't get is why he would stay in the USA. That just seems crazy to me. It's not like he couldn't have moved to somewhere safer.





UPDATES:

Popehat: The Silk Road To Federal Prosecution: The Charges Against Ross Ulbricht
http://www.popehat.com/2013/10/02/the-silk-road-to-federal-prosecution-the-charges-against-ross-ulbricht
https://www.donationcoder.com/forum/index.php?topic=36259.msg339243#msg339243
- Discussion about law surrounding the issue

The Dollar Vigilante: THE SHUTDOWN THAT REALLY MATTERS: THE END OF THE SILK ROAD
http://dollarvigilante.com/blog/2013/10/3/the-shutdown-that-really-matters-the-end-of-the-silk-road.html
https://www.donationcoder.com/forum/index.php?topic=36259.msg339253#msg339253
- A voluntarist perspective on the issue.

Blockchain Info: Seized BTC - 27,000+
https://blockchain.info/address/1F1tAaz5x1HUXrCNLbtMDqcw6o5GNn4xqX
https://www.donationcoder.com/forum/index.php?topic=36259.msg339298#msg339298
- Screenshot below.

Komo News: Federal drug charges for Bellevue man involved in 'Silk Road'
http://www.komonews.com/news/local/Federal-drug-charges-for-Bellevue-man-involved-in-Silk-Road-226387671.html?mobile=y&clmob=y&c=n
https://www.donationcoder.com/forum/index.php?topic=36259.msg339320#msg339320
- Silk Road seller found by feds.

Lawyer for DPR on Twitter
https://twitter.com/jacksonwest/status/386178542926434304
https://www.donationcoder.com/forum/index.php?topic=36259.msg339407#msg339407
- Not talking.

Techdirt: Not Content With Gutting The Fourth Amendment, The Government Continues Its Attack On The Fifth And Sixth
http://www.techdirt.com/articles/20130827/09282724323/not-content-with-gutting-fourth-amendment-government-continues-its-attack-fifth-sixth.shtml
https://www.donationcoder.com/forum/index.php?topic=36259.msg339414#msg339414
- Background information on system rights violations. 4th, 5th, 6th being gutted.

A Public Defender: Asking for a lawyer is not evidence of guilt
http://apublicdefender.com/2013/08/27/asking-for-a-lawyer-is-not-evidence-of-guilt/
https://www.donationcoder.com/forum/index.php?topic=36259.msg339414#msg339414
- More background on systemic rights violations.

YouTube: Back To The Future "we don't need roads"
http://www.youtube.com/watch?v=flge_rw6RG0
https://www.donationcoder.com/forum/index.php?topic=36259.msg339415#msg339415
- Humour - lolbertardian dreamworld. /r/whowillbuildtheroads

Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Stoic Joker on October 03, 2013, 06:51 AM
Things to note:
The 29-year-old University of Texas graduate had first created a trail for himself, however, by asking for help working with Tor dark web tactics on coding site StackOverflow.com, the complaint says. His original question appears to remain on the site here.
-The Article

...But you have nothing to hide right?? When asking a simple coding question on a coding site gets you tossed on a watch list ...Hm... Yepper things has gone way too far at a point what's well past now.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on October 03, 2013, 06:59 AM
Things to note:
The 29-year-old University of Texas graduate had first created a trail for himself, however, by asking for help working with Tor dark web tactics on coding site StackOverflow.com, the complaint says. His original question appears to remain on the site here.
-The Article

...But you have nothing to hide right?? When asking a simple coding question on a coding site gets you tossed on a watch list ...Hm... Yepper things has gone way too far at a point what's well past now.

I saw that. It's spooky. And for both meanings of the word.

It was an interesting question though. My first thought was about just how easy it would be for PHP to run shell scripts kind of like how you'd do a System.Diagnostics.Process.Start(program) in C#. (I think that's the namespace...)
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on October 03, 2013, 10:31 AM
Popehat has yet another good write-up on the Federal indictment & complaint that was filed. Read it here (http://www.popehat.com/2013/10/02/the-silk-road-to-federal-prosecution-the-charges-against-ross-ulbricht/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Popehat+%28Popehat%29).

Worth the read. Learned a few things about how something like this works. For instance, I didn't realize there are actually two separate mechanisms that can be used to charge somebody with a crime under US federal law. Never knew that a 'criminal complaint' and an 'indictment' are two completely separate things. Either one of wihch can land you in court.

Most interesting...
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: rgdot on October 03, 2013, 11:26 AM
If the part of the indictment that he was actually involved in it and not just a 'platform provider' is true then of course it has be shut down. The whole issue of NSA snooping being bad is because normal, legal and fair things are being infringed upon, if we are going to get mad that a site used for various long illegal activities is shut down we are going way too far.

(Before accusing me of things remember I am using IF here)
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: wraith808 on October 03, 2013, 11:45 AM
If the part of the indictment that he was actually involved in it and not just a 'platform provider' is true then of course it has be shut down. The whole issue of NSA snooping being bad is because normal, legal and fair things are being infringed upon, if we are going to get mad that a site used for various long illegal activities is shut down we are going way too far.

(Before accusing me of things remember I am using IF here)

Legal vs. Illegal is actually a much more slippery slope than it is purported to be when they want to get you.  A phone can be used for illegal purposes.  In addition the phone company is making a profit on the arrangement of the illegal services.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: rgdot on October 03, 2013, 12:13 PM
If the part of the indictment that he was actually involved in it and not just a 'platform provider' is true then of course it has be shut down. The whole issue of NSA snooping being bad is because normal, legal and fair things are being infringed upon, if we are going to get mad that a site used for various long illegal activities is shut down we are going way too far.

(Before accusing me of things remember I am using IF here)

Legal vs. Illegal is actually a much more slippery slope than it is purported to be when they want to get you.  A phone can be used for illegal purposes.  In addition the phone company is making a profit on the arrangement of the illegal services.

Action and participation are  clearly different and distinguishable from any other involvement (passive, 'providing means', etc), both in law and in practical terms.
Legal vs illegal is only a slippery slope when those applying the rules are allowed to apply it the way they choose.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on October 03, 2013, 12:33 PM
...if we are going to get mad that a site used for various long illegal activities is shut down we are going way too far.

(Before accusing me of things remember I am using IF here)

Here's another perspective:

http://dollarvigilante.com/blog/2013/10/3/the-shutdown-that-really-matters-the-end-of-the-silk-road.html#

Teaser: Prohibition is the Morally Reprehensible Part, Not Buying and Selling Drugs

Spoiler
While state worshippers fret over the meaningless "shutdown" of the federal government, the supposedly inactive government violently shut down a very important and highly publicized free marketplace. National parks were closed for show, but the domestic terrorism continued from the offices of the FBI which seized the Silk Road website and arrested its alleged operator, the "Dread Pirate Roberts", Ross William Ulbricht yesterday morning.

Prohibition is the Morally Reprehensible Part, Not Buying and Selling Drugs

Let's get this out of the way first. To most of the violence-addicted authoritarians still infesting the planet, particularly the US, in overwhelming numbers, the FBI's takedown of the Silk Road is a triumph of good over evil. The mainstream media and the comments section under the pertinent articles bear this out. Most people think that it's a good thing that government tells people what they can buy to put into their own bodies. Despite the empirical evidence that prohibition of certain substances for private consumption increases usage and outright abuse while setting up violent underground markets, they still cheer on the war against people and their personal choices. They consider the resulting damage to and loss of life due to kidnapping by the government and murderous regulation among black market competitors to be worth making their personal code of conduct a matter of official gun-backed policy.


Perhaps the question is about which direction it is in that we are going too far.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: wraith808 on October 03, 2013, 12:36 PM
Action and participation are  clearly different and distinguishable from any other involvement (passive, 'providing means', etc), both in law and in practical terms.
Legal vs illegal is only a slippery slope when those applying the rules are allowed to apply it the way they choose.

 :-\  Really?  Who are we talking about again?  We aren't talking theory, we're talking the reality.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: rgdot on October 03, 2013, 12:45 PM
Example:
If I sell drugs on a site vs if I have a site that people use to sell drugs is the same to you guys now? there is a slippery slope if doing the former leads to an arrest?

(It has nothing to do with legalization by the way, I am not against that  but have yet to hear how legalization is going to be applied. Every corner store or limited sellers and where exactly those sellers are bringing their supply from...)
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on October 03, 2013, 12:48 PM
Popehat has yet another good write-up on the Federal indictment & complaint that was filed. Read it here (http://www.popehat.com/2013/10/02/the-silk-road-to-federal-prosecution-the-charges-against-ross-ulbricht/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Popehat+%28Popehat%29).

Worth the read. Learned a few things about how something like this works. For instance, I didn't realize there are actually two separate mechanisms that can be used to charge somebody with a crime under US federal law. Never knew that a 'criminal complaint' and an 'indictment' are two completely separate things. Either one of wihch can land you in court.

Most interesting...

Curioser and curioser...

But seriously, from the article:


What's Ulbricht Charged With, Anyway?

The New York complaint charges Ulbricht with three crimes:

1. A conspiracy to...

2. A "computer hacking conspiracy"...

3. A conspiracy to...


C'mon! Everyone knows there's no such thing as a "conspiracy"! Who are these tin foil hat wearing feds anyways? Sheesh!  :P Pfft. Conspiratards! ;) 8)
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: wraith808 on October 03, 2013, 12:48 PM
Example:
If I sell drugs on a site vs if I have a site that people sell drugs is the same to you guys now? there is a slippery slope if doing the former leads to an arrest?

(It has nothing to do with legalization by the way, I am not against that  but have yet to hear how legalization is going to be applied. Every corner store or limited sellers and where exactly those seller are bringing their supply from...)

Example: Someone is using telecommunications to monitor all activity.  They arrest someone based on that activity.  Does that arrest justify the fact that they spied on my innocent communications?

The ends NEVER justify the means.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: tomos on October 03, 2013, 12:58 PM
Teaser: Prohibition is the Morally Reprehensible Part, Not Buying and Selling Drugs

I'm almost suprised that I more or less agree with you & the author here. (Well, 'morally' has nothing to do with it for me.)

I know that the huge majority of people dont want to try heroin/or-whatever-very-addictive-drug-is-on-offer. But also that the people that do use these drugs, are the people that contribute a huge amount to 'everyday' crime levels.

Okay, so let's say we just legalise everything. Should we allow advertising then? You know how our world works....
I dunno, I was just following the idea a little - maybe the question is a bit like - who will build the roads? - but related to regulation. Refer me to a thread explaining anarchy if appropriate ;-)
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: rgdot on October 03, 2013, 01:17 PM
Example:
If I sell drugs on a site vs if I have a site that people sell drugs is the same to you guys now? there is a slippery slope if doing the former leads to an arrest?

(It has nothing to do with legalization by the way, I am not against that  but have yet to hear how legalization is going to be applied. Every corner store or limited sellers and where exactly those seller are bringing their supply from...)

Example: Someone is using telecommunications to monitor all activity.  They arrest someone based on that activity.  Does that arrest justify the fact that they spied on my innocent communications?

The ends NEVER justify the means.

I already said (anything remotely close to) blanket snooping is wrong (see above).
But how do you think all arrests are made, I mean in other times in history? Take any case from the 20th century or whenever before the current NSA era. Listening to communication to catch bad and evil people has helped and certainly nothing new, not even a 20th century invention.

This is exactly what I am talking. In the face of an evil authoritarian and corporate take over of our world we are doing and saying things that will do nothing to improve the world, just play in the hands of those who want this world this way.

Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: rgdot on October 03, 2013, 01:24 PM
Time for me, once again, to go to the Politburo. Catch you guys later  ;)
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: wraith808 on October 03, 2013, 03:07 PM
I already said (anything remotely close to) blanket snooping is wrong (see above).
But how do you think all arrests are made, I mean in other times in history? Take any case from the 20th century or whenever before the current NSA era. Listening to communication to catch bad and evil people has helped and certainly nothing new, not even a 20th century invention.

This is exactly what I am talking. In the face of an evil authoritarian and corporate take over of our world we are doing and saying things that will do nothing to improve the world, just play in the hands of those who want this world this way.

You catch them with good old fashioned police work.  Do I think that targeted intelligence operations against people that are build upon the systemic gathering of evidence and the layering of work upon work are wrong?  No.

But do I think that spying against everyone on the chance that you will gather information from the few is wrong?  Emphatically yes.

And if people are caught using this manner, does the fact that you caught a bad person absolve you of the responsibility for using the wrong methods.  Emphatically no.

In fact, if this evidentiary trail was submitted in any reputable court of law under the rule of law, then the whole case should, by the same rule of law that you're trying them under, be thrown out.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Stoic Joker on October 03, 2013, 03:57 PM
In fact, if this evidentiary trail was submitted in any reputable court of law under the rule of law, then the whole case should, by the same rule of law that you're trying them under, be thrown out.

Do we actually have any reputable courts left? Judges just hate having a disappointed crowd when folks show up for a hanging only to find out the guy ain't guilty... ;)


Sorry, couldn't resist having a bit of fun. I agree with you in principal...I just fear that those ideals - put in place to protect us from tyranny by the founding fathers - are from a time that has passed.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: rgdot on October 03, 2013, 04:19 PM
You catch them with good old fashioned police work.  Do I think that targeted intelligence operations against people that are build upon the systemic gathering of evidence and the layering of work upon work are wrong?  No.

But do I think that spying against everyone on the chance that you will gather information from the few is wrong?  Emphatically yes.

And if people are caught using this manner, does the fact that you caught a bad person absolve you of the responsibility for using the wrong methods.  Emphatically no.

In fact, if this evidentiary trail was submitted in any reputable court of law under the rule of law, then the whole case should, by the same rule of law that you're trying them under, be thrown out.

Sorry to be blunt, you have said nothing new here and nothing I said was in disagreement with this either.

But, one thing I guarantee is this. The difference, operationally speaking, between the first two paragraphs is smaller than you think. In a big percentage of cases a wide net to search for suspects is the starting point.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: wraith808 on October 03, 2013, 04:25 PM
But how do you think all arrests are made, I mean in other times in history? Take any case from the 20th century or whenever before the current NSA era. Listening to communication to catch bad and evil people has helped and certainly nothing new, not even a 20th century invention.

It seems from your statement, I have said something new that you seem to disagree with.  There has never been the blanket level of surveillance that we are seeing.  If you go back to the 20th century, there was even the fall of a president based upon illegal surveillance.

Now?  People would shrug and go about their business, saying it was business as usual.

You might have a wide net as far as suspects, but to get a warrant for wiretapping on each one of these suspects, and put such an operation in place is very much a check and balance on their power.  Why else do you think they want to do away with it?  If it was already par for the course, then this wouldn't be an issue.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on October 03, 2013, 09:30 PM
The feds have "seized" a lot of BTC. Here's where it reportedly is:

https://blockchain.info/address/1F1tAaz5x1HUXrCNLbtMDqcw6o5GNn4xqX

Check the amount and last transaction.

[ You are not allowed to view attachments ]
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on October 04, 2013, 03:55 AM
And more people being thrown in cages...

http://www.komonews.com/news/local/Federal-drug-charges-for-Bellevue-man-involved-in-Silk-Road-226387671.html?mobile=y&clmob=y&c=n

Federal drug charges for Bellevue man involved in 'Silk Road'

A Bellevue man who sold drugs using an online black market known as Silk Road now faces federal drug charges, Homeland Security agents say.

According to court documents, 40-year-old Steven Sadler hid his identity using the profile "Nod," and used a fake name to purchase mailboxes at several UPS stores in Washington.

More at the link.

No matter what your own personal business is, it still is Uncle Sam's business. And don't you forget it!
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on October 04, 2013, 06:29 AM
I'm sure it only took this long to arrest him because the FBI (and god knows who else) first wanted to be sure they had the details and names of everyone else involved. That and coordinate with other countries for arrest warrants and additional seizures.  

Regardless of your business or politics, it's not a very wise move to (allegedly) set up the contract killing of a federal witness with an undercover FBI agent.

If he's 'lucky,' they'll put him on jail. If he's unlucky, they'll turn him loose and make it a point to announce he "cooperated fully" with the investigation.

Either way, this boy is toast.



Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on October 04, 2013, 08:16 AM
I'm sure it only took this long to arrest him because the FBI (and god knows who else) first wanted to be sure they had the details and names of everyone else involved. That and coordinate with other countries for arrest warrants and additional seizures. 

There was a product available on the Silk Road that I was thinking of buying.

And no... it wasn't heroin or coke or weed or hash or meth or some kind of narcotic. Just a simple thing that I won't bother getting into. It was innocent enough as to not warrant any kind of mention. The Silk Road had a lot more than just drugs to get high on it. Not everything on the Silk Road was illegal.

However, I'm glad I didn't buy it. My guess is that a lot of sellers and buyers will be thrown in cages now.

But, there are other markets out there. I hope they stay safe.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: rgdot on October 04, 2013, 01:00 PM
Partially by my own doing and partially by the way my posts are being read I am being misunderstood I think.
I am not pro-anything like the NSA or government running people's lives but what I don't want to see is a libertarian world. Because I fear that a lot too, a whole lot.

</closing statement>
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on October 04, 2013, 01:06 PM
what I don't want to see is a libertarian world. Because I fear that a lot too, a whole lot.

Understandable. But what exactly is a "libertarian world" anyway? From my experience, most self-proclaimed libertarians seem to be having a good deal of trouble reaching consensus on exactly what a 'libertarian' world should look like.
 ;) ;D
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on October 05, 2013, 12:05 AM
I hate roads. ;D
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on October 05, 2013, 10:24 AM
DPR is enjoying a nice cup of STFU.

https://twitter.com/jacksonwest/status/386178542926434304

Jackson West
‏@jacksonwest
Public Defender Brandon LeBlanc denies all charges, but will not discuss case. Ulbricht will not be taking interviews. #silkroadbust

Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on October 05, 2013, 11:36 AM
^Smart attorney. If 1/10th of the allegations are provable in court, he's got a lot of downside facing him.

Best remain silent even though some recent cases show that our supposed guaranteed "right to remain silent" is being challenged and finessed by clueless judges and devious prosecutors deep in the Heart of Darkest Amerika (i.e. Texas.) Are we at all surprised?.
More here (http://www.techdirt.com/articles/20130827/09282724323/not-content-with-gutting-fourth-amendment-government-continues-its-attack-fifth-sixth.shtml) and here (http://apublicdefender.com/2013/08/27/asking-for-a-lawyer-is-not-evidence-of-guilt/).
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: TaoPhoenix on October 05, 2013, 12:24 PM
I hate roads. ;D

So does Doc Brown!
http://www.youtube.com/watch?v=flge_rw6RG0

:)
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on October 08, 2013, 05:42 PM
And so the feds have only stoked the fires of substance freedom.

http://techcrunch.com/2013/10/04/deep-web-users-are-ready-to-launch-silk-road-2-0/

Deep Web Users Are Ready To Launch Silk Road 2.0

In an interesting post-mortem release by the creators of the defunct anonymous marketplace Atlantis there is information that the former admins and users of the Silk Road are planning to resurrect the service. User RR writes: “We have SilkRoad v2.0 ready to launch and is now in its final testing stages. Our site has all the features of the original one and we have kept the same style of forum for your ease.”

More at the link.

Atlantis post here:

http://atlantisblog.org/silk-road-subdued-but-this-ex-blackmarket-employee-believes-they-only-released-a-monster/

Silk Road Subdued But This Ex-Black-Market Employee Believes Feds Only Woke A Monster

So the gig is up, My two favorite Drug dealers have been taken down in the space of a week, Christopher Tarbell is now the mystery agent who infiltrated Silk Road and can add Dread Pirate Roberts to his list of take-downs which include “Sabu” of Anonymous.

While other sites ramp up server capacity to meet demand and I watch the number of listings on alternative marketplaces such as Sheep and Black Market Reloaded increase at an exponential rate, (Sheep has gone from 500 Drug listings to over 1500 as I write) I can’t help but get the feeling DPR would be relatively happy with the results of his self-professed “economic simulation” as his legion of vendors and customers scramble to re-establish contact on other marketplaces.

There’s also a hint of Karma in the air too, had the Admins behind the failed Silk Road alternative “Atlantis” kept the site alive just two more weeks they’d be swimming in a sea of bitcoins Scrooge McDuck style right now but given the allegations of ex black marketplace employees having hits put out on them maybe I’ll tone down on the criticism and just be glad I was never on the inside.

More at the link.

And BitWasp here (online BTC marketplace):

https://github.com/Bit-Wasp/BitWasp

It's still not completely ready, but it's in the works.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on October 14, 2013, 11:41 PM
Interview with Ross:

http://www.modernluxury.com/san-francisco/story/jail-visit-the-alleged-dread-pirate-roberts

Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on October 16, 2013, 09:20 AM
A list of darknet markets:

http://pastebin.com/sJ5mDGxm

Black Market Reloaded gets slagged for its design all the time, but there are quite a few vendors with a lot of different products, and a lot that you might not expect. e.g. You can get weapons, fireworks, alcohol, tobacco, etc. And drugs. :P
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on October 17, 2013, 06:21 AM
Fair warning: Fire up your super-powers of not-pants-pissing because you're going to need them. ;)



 :Thmbsup:

I hate that song, but this somehow makes it ok.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on November 07, 2013, 08:09 AM
Just when you thought it was gone...

From the Silk Road 2.0 forums (no drugs or anything there - it's purely a forum - running the same forum software as DC):

http://silkroad5v7dywlc.onion/index.php?topic=2175.0



Dread Pirate Roberts

    Administrator
    *****
    Posts: 256
    Karma: +127/-8
        View Profile

WE RISE AGAIN
« on: Yesterday at 02:52:31 pm »
Dear Community

It is with great joy that I announce the next chapter of our journey. Silk Road has risen from the ashes, and is now ready and waiting for you all to return home: http://silkroad6ownowfk.onion

Welcome back to freedom.

Over the last 4 weeks, we have implemented a complete security overhaul. This overhaul marks the dawn of a brand new era for hidden services, and it would not have been possible without the patient support of this community. So for waiting patiently; for offering encouragement; for keeping the community spirit alive in Silk Road’s temporary absence; for all of this and more, each of you has my deepest and most sincere gratitude.

It took the FBI two and a half years to do what they did. Divide, conquer and eliminate was their strategy… but four weeks of temporary silence is all they got. And as our resilient community bounces back even stronger than ever before, never forget that they can only ever seize assets – they can never arrest our spirit, our ideas or our passion, unless we let them.

We will not let them.

Please enjoy the marketplace, but be aware – although the site is both functional and stable, we are still in the early phases of development. Despite us having worked through any major bugs that might prevent full-functionality or compromise security, you may notice minor bugs. Please bring these to our attention. More so, even though security has been our top priority over the last few weeks, we encourage you to continue reporting both theoretical and even proven exploits. You will be rewarded for doing so.

Please also be aware, that because we expect a large surge in Bitcoin deposits when we open up our transaction system, there may be delays with account withdrawals and deposits initially. These delays should become less as the marketplace settles, but at least for the earlier stages, please do not report coins as missing unless 12 hours or more have elapsed.

You might also notice that the re-launched marketplace lacks a number of features from the original marketplace – we will be working hard over the next few weeks to implement improvements, and we continue to study each and every post made in the Feature Requests forum. Your opinions matter to us, and we will not neglect the thoughts of the community.

We are proud to announce though, that our new security measures include emergency strategies to ensure that, in the event of Silk Road’s demise once more, no member will lose their coins. We have learned hard lessons from the unfortunate events of recent weeks, and the man hours that have gone into this new release are phenomenal. We look forward to helping Silk Road grow on the back of these lessons, and look forward to helping this community flourish even more beautifully than before.

We have already committed a large percentage of our revenues to good causes, charities, and organizations who support our cause or have similar interests. We are also contributing back to the Tor network with our relay fund.

But without a doubt, the re-launch of our beloved marketplace will create a ripple throughout the world’s various media channels, and not all of these channels will see our cause as positive. You don’t need telling that there are very powerful media outlets controlled by various world governments, who will seek to muddy our name and reputation. But it is up to us to embrace this newfound exposure in mainstream media, rather than hide from it – and for this reason, I have chosen to speak briefly with a number of journalists who I am confident will report this memorable day without the pull of governmental strings. I have also conducted an exclusive interview with Mashable. In light of the FBI’s recent ‘victory’, it would be impossible for Silk Road to stay off the radar – it is therefore our responsibility to make sure that our mark on the radar is the right one. So I would advise you all to prepare yourself for a spike in media attention, and to review your personal security measures to ensure your anonymity is protected.

We will be hiring staff to handle Silk Road’s marketing shortly – formal offers may be made to members who have already demonstrated their marketing prowess.

And it goes without saying that if you are in touch with anybody who may not be aware that Silk Road has risen once more, now is the time to spread the word. Open communication with your old suppliers and customers; let this wonderful news be taken to all corners of the Tor network and beyond.

Let us never forget this recent hurdle in our battle for freedom. But let us not allow it to stop our fight, either – it is now time to simply pick ourselves back up, dust ourselves off, and continue fighting this revolution like we’ve never fought it before.

I’m proud to have you all at my side.

Yours Loyally

Dread Pirate Roberts
Please do not message me unless it is absolutely required.

Quote 13: The enemies of freedom do not argue; they shout and they shoot.

silkroad6ownowfk.onion


Whack-a-mole?
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on November 07, 2013, 08:42 AM
Hmm...honeypot? :huh:

Caveat fratribus as the old saying goes. At least for the time being. 8)
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Stoic Joker on November 07, 2013, 11:49 AM
^Caution does seem prudent about now.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on November 07, 2013, 01:51 PM
^Caution does seem prudent about now.

Yup!

There's an old Russian proverb that roughly translates as saying: Whenever four men meet in secret to plot to overthrow the Czar, three are damn fools - and the fourth is Okhrana (i.e. Imperial Secret Police).
 :tellme:

[ You are not allowed to view attachments ]
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on May 28, 2014, 07:19 PM
And the case heats up...

http://freeross.org/summary-of-reply-memorandum/

Ross Ulbricht’s attorney Joshua Dratel submitted a reply to the prosecution on May 27 (full document below) supporting his pretrial motions and illustrating the fundamental deficiencies in the government’s arguments. Here are some key points.

More at the link.

The defence has a very strong case there. It will be hard for the prosecutors to get through that, but, we all know what will still happen...


Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on May 28, 2014, 09:46 PM
It will be hard for the prosecutors to get through that

Assuming they don't get a sympathetic judge... ;)
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on May 29, 2014, 12:56 AM
It will be hard for the prosecutors to get through that

Assuming they don't get a sympathetic judge... ;)

Yup. Like I said, we already know how it's going to end. It's a foregone conclusion. The question is whether he'll survive long enough for an appeal in the dark hole he'll be thrown into.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on August 04, 2014, 09:37 PM
Ross' lawyer is arguing 4th amendment violations:

http://www.wired.com/2014/08/feds-silk-road-investigation-violated-privacy-law-sites-alleged-creator-tells-court/

In a pre-trial motion filed in the case late Friday night, Ulbricht’s lawyers laid out a series of arguments to dismiss all charges in the case based on Ulbricht’s fourth amendment protections against warrantless searches of his digital property. As early as the FBI’s initial discovery of servers in Iceland hosting the site on the Tor anonymity network—seemingly without obtaining a search warrant from a judge—Ulbricht argues that law enforcement violated his constitutional right to privacy, tainting all further evidence against him dug up in the investigation that followed.

Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on August 05, 2014, 10:36 AM
And Coindesk on the issue:

http://www.coindesk.com/ross-ulbrichts-silk-road-defence-invokes-fourth-amendment/

Ross Ulbricht’s defence team has filed a new pre-trial motion calling on the court to dismiss charges in the Silk Road case on the grounds of Fourth Amendment privacy protections.

It will be interesting to see how the judge tries to wiggle out of that.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on August 05, 2014, 02:01 PM
It will be interesting to see how the judge tries to wiggle out of that.

Judges don't wriggle. They issue rulings. And when in doubt, they rule as they deem best and let the higher courts deal with any technical (Court of Appeals) or larger constitutional (SCOTUS) issues if they come up. Many times those higher courts decline to rule on (CoA) or even hear (SCOTUS) the case. More often than not, the ruling of the lower court is affirmed on appeal anyway. On those fairly rare occasions when a lower court is overruled by a higher court, it generally only results in the case being sent back to the lower court for a new trial. It's not a "get out of jail free" card. The circuit courts conduct trials. The CoA and SCOTUS don't try cases. Or dismiss them. They serve more as the US legal system's quality control department.

So barring Ulbricht's motion coming before an extremely sympathetic judge, it will most likely be dismissed with little comment. (Yes, US judges can do that.)

Despite what you see on TV shows, most US judges are extremely loathe to dismiss serious charges (especially when subsequent corroborating evidence backs up the substance of the charges made) on purely technical grounds. At least for anything other than a case where the strong chance of capital punishment is on the menu.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on August 05, 2014, 07:56 PM
So barring Ulbricht's motion coming before an extremely sympathetic judge, it will most likely be dismissed with little comment. (Yes, US judges can do that.)

You think his 4th amendment argument will work?
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on August 05, 2014, 09:06 PM
So barring Ulbricht's motion coming before an extremely sympathetic judge, it will most likely be dismissed with little comment. (Yes, US judges can do that.)

You think his 4th amendment argument will work?

Not really. Maybe for some of the evidence. But that's a long shot. And certainly not for all the evidence.

But I'm not an attorney - so who knows?
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on August 05, 2014, 09:53 PM
So barring Ulbricht's motion coming before an extremely sympathetic judge, it will most likely be dismissed with little comment. (Yes, US judges can do that.)

You think his 4th amendment argument will work?

Not really. Maybe for some of the evidence. But that's a long shot. And certainly not for all the evidence.

But I'm not an attorney - so who knows?

Got it. For a bit there I thought you were saying that it would work.

My guess is that nothing short of divine intervention will help Ross. The evidence doesn't matter. The law doesn't matter. He is hated, and that's reason enough to punish him.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: wraith808 on August 06, 2014, 10:45 AM
So barring Ulbricht's motion coming before an extremely sympathetic judge, it will most likely be dismissed with little comment. (Yes, US judges can do that.)

You think his 4th amendment argument will work?

Not really. Maybe for some of the evidence. But that's a long shot. And certainly not for all the evidence.

But I'm not an attorney - so who knows?

Got it. For a bit there I thought you were saying that it would work.

My guess is that nothing short of divine intervention will help Ross. The evidence doesn't matter. The law doesn't matter. He is hated, and that's reason enough to punish him.

Or the selection of the right attorney that knows the right judge.  And that's a fact.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on August 06, 2014, 09:24 PM
So barring Ulbricht's motion coming before an extremely sympathetic judge, it will most likely be dismissed with little comment. (Yes, US judges can do that.)

You think his 4th amendment argument will work?

Not really. Maybe for some of the evidence. But that's a long shot. And certainly not for all the evidence.

But I'm not an attorney - so who knows?

Got it. For a bit there I thought you were saying that it would work.

My guess is that nothing short of divine intervention will help Ross. The evidence doesn't matter. The law doesn't matter. He is hated, and that's reason enough to punish him.

Or the selection of the right attorney that knows the right judge.  And that's a fact.

In many other criminal cases, possibly/probably.

But not this one.

I think the whole Silk Road thing has gone too high up the flagpole that an attorney "knowing the right judge" is going to help much. There's too many eyes on it - and far too much at stake for the government (which wants to make an example) - for this case to be another "business as usual" criminal proceeding.

Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on August 07, 2014, 06:53 AM
Mike over at TechDirt weighs in and has reached much the same conclusions I have. But since he writes so much better than I do, I'll just quote the article (https://www.techdirt.com/articles/20140805/17561228122/ross-ulbricht-pulls-out-4th-amendment-defense-pretty-much-everything.shtml):

The argument, not surprisingly, is relying on the new Supreme Court ruling in the Riley / Wurie cases, about the need for a warrant to search mobile phones. That is an important ruling bringing back certain 4th Amendment protections, but Ulbricht's lawyers are really trying to stretch it to argue that it applies to the warrants issued against him.

There may be some real issues in how the feds got access to the Silk Road servers, but to claim that other searches (and even actual warrants) were unconstitutional in light of Riley would require an almost ridiculously broad reading of the Riley ruling. That case involved searches of mobile phones that were on someone's person -- not a coordinated effort to track down someone they believed to be a criminal.

I do think there are some real issues with the case against Ulbricht, mainly focused on his liability for the actions done by users of Silk Road, but these kinds of broad attempts to throw anything at the wall are likely to be rejected, and can actually piss off judges who feel that lawyers are just trying to throw up a smoke screen.

There are important cases to be had in challenging various digital searches and how the 4th Amendment applies to them, but it's doubtful that this is a particularly good test case.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on August 07, 2014, 07:26 AM
You highlighted the perfect bit there.

I do think there are some real issues with the case against Ulbricht, mainly focused on his liability for the actions done by users of Silk Road, but these kinds of broad attempts to throw anything at the wall are likely to be rejected, and can actually piss off judges who feel that lawyers are just trying to throw up a smoke screen.

Why is that? Because judges don't care about any of the laws that are supposed to restrict how the government can behave. Prosecutors and LEOs even less.

Fact is, if they didn't have their ducks in a row, then tough. Throw the case out.

Those limits placed on what government can do are there for a reason. They are what (ostensibly) separate the republic from an authoritarian police state.

I think we know pretty darn well what will happen. Due process is a joke.

[ You are not allowed to view attachments ]

Image source. (Illustration for Canadian Lawyer magazine, August 2008 issue.) (http://scottpageillustration.blogspot.com.au/2008/08/kangaroo-court.html)
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on August 07, 2014, 09:16 AM
Due process is a joke.

Not really. It's pretty precise for the most part. But it doesn't quite work the way people think it does - or think it should. Especially when we're sympathetic towards the defendant.

The biggest problem Ulbricht has is his allowing Silk Road to become associated with some things he had to have known would put it on very shaky legal grounds. Turning a blind eye and then claiming ignorance isn't a smart legal defence strategy. And displaying wilful ignorance is very often interpreted as an admission of culpability. Then he got foolish and decided to double-down and thumb his nose when it became general public knowledge there were concerns about the operation and activities taking place within Silk Road.

Sorry Ren, I don't see this as a kangaroo court just yet. (Although it could always turn into one.) I think the government prosecutors are dotting every i and crossing every t while his defence team is shot-gunning everything they can think of to muddy the waters and try to give them the moral high ground.

It's not going to work.

Like TechDirt, my real regret is that this isn't a good case to test the recent SC interpretations on limits for gathering evidence. It's a weak case on those grounds. And if those 4th Amendment motions are addressed in the final judgement, it will have the effect of legally weakening the SC's ruling by making judges (who generally do pay close attention to case law precedent) more likely to dismiss 4th Amendment challenges to the admissibility of evidence going forward.

Opponents of that SC ruling are probably hoping those motions by Ulbricht's legal team loom large in the upcoming trial for that very reason..

Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on October 03, 2014, 08:29 AM
It appears the FBI are lying about how they found the Silk Road. <faux surprise! />  :o

http://krebsonsecurity.com/2014/10/silk-road-lawyers-poke-holes-in-fbis-story/

“I find it surprising that when given the chance to provide a cogent, on-the record explanation for how they discovered the server, they instead produced a statement that has been shown inconsistent with reality, and that they knew would be inconsistent with reality,” Weaver said. “”Let me tell you, those tin foil hats are looking more and more fashionable each day.”
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on February 04, 2015, 07:12 PM
Verdict: Guilty.  :'(

So, if anyone does anything on your web site that is illegal, you can go to prison for it. Nice.

Insert freedom:

[ You are not allowed to view attachments ]
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on February 04, 2015, 08:58 PM
^@Ren: I don't know how to break this to you...but attempting to get some evidence barred on a technicality in the face of what could be seen by a judge to be clear evidence of wrongdoing is an extremely risky legal strategy even under the best of circumstances. Because despite what people see in movies how the despicable criminal character walks out of court scot-free on a minor evidentiary technicality or constitutional rights violation (within 15 minutes of going before a judge no less) is mostly the stuff of Hollywood script departments. In reality, it seldom happens. And this is nothing new. It's the way most courts operate, and have been operating for several decades. If a "clear appearance of wrongdoing" is there, technicalities will seldom save you. As a recent TechDirt post put it:

...even for the more nuanced legal arguments -- or Ulbricht's attorney's chosen path of trying to toss out a bunch of alternate scenarios to sow "reasonable doubt" in the jury -- the simple nature of the fact that many people used Silk Road to buy and sell illegal drugs was always going to cloud the overall case against Ulbricht.

There's a recent case in Nevada where a US Magistrate Judge (not the same thing as federal District Court Judge btw) got pissed about some FBI shenanigans when it came to applying for a warrant, and has moved to void the warrant and suppress the evidence that was collected under it from an upcoming trial. Story here (https://www.techdirt.com/articles/20150203/07584929891/fbis-were-cable-company-ruse-leads-to-search-warrant-being-tossed-magistrate-judge.shtml).

But a Magistrate Judge (who is really more a high-level administrative legal assistant) doesn't get to make the final decision. That's for a District Court Judge (i.e. real judge) to decide when it goes to trial. Be interesting to see if the District Court Judge goes with the recommendation of the Magistrate.

I'm guessing he/she won't. But hey! This is all happening in Nevada - so you never know... ;)
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on February 04, 2015, 09:07 PM
Ulbricht's lawyer was desperate. The judge wouldn't let them have any defence at all. He took what was left after the judge explicitly banned him from using several other defences.

That was no less a show trial than any you'd expect in North Korea.

Being overly kind, this:

(http://i.imgur.com/QmhuinT.jpg)

The kangaroo also banned any mention of jury nullification.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on February 04, 2015, 10:05 PM
@Ren - You're still overlooking the 800lb gorilla in the picture.

re: jury nullification

Again, almost always in movies.

Attorneys are expected to argue for the law as it applies to the case, and the facts as presented. It's generally been seen as a violation of an attorney's oath (as an officer of the court) for one to ask a jury to ignore the law as it exists when considering their verdict.

And there's also a great deal of legal precedent that says that even though juries may choose to nullify, the courts are under no obligation to tell them they can - or - to allow an attorney on either side to so inform them. And that opinion goes back a number of years, and was the determination made in several different rulings on the subject of jury nullification.

So while it may seem like a cool idea for juries to take the initiative and override a law they disagree with when reaching a verdict (and they legally can do just that under US law) it's a dangerous road to go down. Because if it becomes commonplace, the entire legal system goes out the door and you have a small-scale version of mob rule in effect. Which means it's not the law, or the facts in a case, but rather the jury selection that becomes the deciding factor in obtaining a judgement. Which is ripe for abuse by both the prosecution and the defence.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on February 05, 2015, 06:46 AM
@Ren - You're still overlooking the 800lb gorilla in the picture.

If you mean the thugs that call themselves "government" or "government employees", well, no argument that they are the 800lb gorilla. ;)

re: jury nullification

Again, almost always in movies.

No.

http://en.wikipedia.org/wiki/Jury_nullification

http://en.wikipedia.org/wiki/R_v_Morgentaler

R v Morgentaler [1] was a decision of the Supreme Court of Canada which held that the abortion provision in the Criminal Code of Canada was unconstitutional, as it violated a woman's right under section 7 of the Canadian Charter of Rights and Freedoms to security of person. Since this ruling, there have been no criminal laws regulating abortion in Canada.

Jury nullification there. And one of the most important cases in Canadian law.

A paper on it here:

http://www.academia.edu/2631245/Jury_Nullification_in_a_Canadian_Context

p. 62~64 (screwed formatting)
 
The unanimous decision in Krieger was written by Justice Fish and it further demonstrates the Supreme Court of Canada‘s willingness to link law and morality, embracing edicts of natural law. The Supreme Courtaffirmed the not guilty verdict which the trial jury would have rendered because they believed more so in the process than the plain meaning interpretation of the statute. Fish states

    It has since then (in 1670, when jurors were fined and imprisoned for a ―not guilty verdict) been well established that under the system of justice we have inherited fromEngland juries are not entitled as a matter of right to refuse to apply the law — but they do have the  power to do so when their consciences permit of no other course.

This paragraph is suggestive that the judges of the Supreme Court believe in juries using their own morality. Justice Fish is quick to point out that the process of refusing to apply the law, or nullification is not ― a matter of right but that the power to do so exists, only when it is deemedby that jury to be absolutely necessary. When a jury‘s collective conscience tells them that thereis ―no other course‖ of action this is when nullification is absolutely necessary, as the jury felt in
was the situation in this case. Furthermore, the Court continues into the next paragraph by stating 
63
case law from 1784 that they have used throughout Canadian jurisprudence as the base for jurynullification:

    It is the duty of the Judge, in all cases of general justice, to tell the jury how to do right,though they have it in their power to do wrong, which is a matter entirely between Godand their own consciences.

Justice Fish indicates that while the Court has decided in this case and going forward that trial judges should not instruct jurors on how to find, that judges should still instruct jurors on what is the most appropriate legal course of action, or how to ―do right. Whether or not a jury chooses to abide by that course of action is, as the Supreme Court decided in this case, up to them.

Fish is here:

http://scc.lexum.umontreal.ca/en/2006/2006scc47/2006scc47.html

Cached here (I couldn't load it):

http://webcache.googleusercontent.com/search?q=cache:5DvsGVs3meYJ:https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2321/index.do+&cd=1&hl=en&ct=clnk&gl=au&client=opera

Just one important snippet from there:

The trial judge deprived the accused of his constitutional right to a trial by jury when he directed the jury to find the accused guilty as charged.  The trial judge’s direction was not a “slip of the tongue” to be evaluated in the context of the charge as a whole; nor is this a matter of assessing the impact of subtle language susceptible to different interpretations.  His purpose and words were clear.  In effect, the trial judge reduced the jury’s role to a ceremonial one: He ordered the conviction and left to the jury, as a matter of form but not of substance, its delivery in open court.

A kind of important point there. 

Attorneys are expected to argue for the law as it applies to the case, and the facts as presented. It's generally been seen as a violation of an attorney's oath (as an officer of the court) for one to ask a jury to ignore the law as it exists when considering their verdict.

Juries are perfectly free to ignore the law. That's the point. Talking about the "officer of the court" being paid to railroad people and ensure that the jury is ignorant of their rights, and flat out deceived about them... that's another matter.

And there's also a great deal of legal precedent that says that even though juries may choose to nullify, the courts are under no obligation to tell them they can - or - to allow an attorney on either side to so inform them. And that opinion goes back a number of years, and was the determination made in several different rulings on the subject of jury nullification.

Not to be snotty or anything, but I'm not sure whether you're trying to be deliberately beligerent or whether you just don't know that the judge in this case explicitly banned the defense from mentioning it (see below re: 1st amendment). (Are you just screwing with me for kicks? I can't say as I'd blame you -- it can be fun trolling sometimes, and I'm a good target. :) :P )

For a judge to forbid someone to defend themself is beyond unconscionable.

I really don't understand how you don't see this.

Just to be clear... the judge **threatened** the defense and explicitly forbade the defense from using jury nullification in their defense.


So while it may seem like a cool idea for juries to take the initiative and override a law they disagree with when reaching a verdict (and they legally can do just that under US law) it's a dangerous road to go down. Because if it becomes commonplace, the entire legal system goes out the door and you have a small-scale version of mob rule in effect. Which means it's not the law, or the facts in a case, but rather the jury selection that becomes the deciding factor in obtaining a judgement. Which is ripe for abuse by both the prosecution and the defence.

Any country with common law. Canada, Australia, etc.

And, uh, no. Not a bad road at all. ;)

Remember... the next box is the cartridge box... Best to avoid that. ;)

Jury nullification is not "setting murderers free". Jury nullification is a judgement against a law.

e.g. Tomorrow possessing ginger ale is made illegal, and the police show up to arrest me (I just bottled another batch earlier today). It goes to trial. The jury votes "not guilty" knowing damn well that I had ginger ale.

That's not a statement about me -- it's a statement that the law is wrong.

i.e. "He had ginger ale. So what? Stupid law. Not guilty of anything that should be punishable."

It is very different from cases like that fellow in Florida in the late 80s who killed his wife, but got off with the defense "justifiable homicide". Very big difference. The laws against murder weren't nullified there.

This (proscribing jury nullification as a defense) is a BLATANT violation of the first amendment to the US Constitution in limiting what someone can say.

There's no wiggle room here. None. Zero. Nadda. Zilch. Zippo. Done. That's all she wrote.

The US Constitution, as other national constitutions, is meant to limit or set forth the power of the government, and banning speech is not one of the powers granted to the US government. In fact, it is explicitly forbidden.

Laws that violate the constitution are not valid laws. We have a special word for them: "unconstitutional". :)

But, but, but, but...

No. Read the first amendment. ;)

But, but, but, but...

The first amendment. ;)

Jury nullification is NOT open for abuse like you make it out to be.

But, if you can explain just how a finding of "not guilty" can benefit the prosecution, well, I'll be damn impressed! ;D

As for the issue of jury selection... c'mon... Really?

The prosecution gets an UNLIMITED number of dismissals. The defense has a limited number. Jury selection is (INFINITELY) HEAVILY weighted in favour of the prosecution already, so trying to confuse the issue of jury nullification with jury selection just doesn't hold water. The prosecution already has an INFINITE advantage there. What more do they need? Infinity + 1? An infinite set of infinities? C'mon... We both know that Cantor's Theorem (http://en.wikipedia.org/wiki/Cantor%27s_theorem) doesn't apply here. ;)

This case was a joke from the start.



Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on February 05, 2015, 08:10 AM
^Ren - you have a very single-minded all encompassing political lens (partially correcting some wilful blindness) that you tend to see the entire world through. I commend you for it. ;) :)

re: peremptory challenge (i.e. disqualifying jurors)

For the record, that's not how it works in the states. Prosecutors aren't allowed unlimited challenges. The details vary by jurisdiction as most procedural legal things do in the USA. And the number of juror candidate disqualifications allowed usually depends on the seriousness of the charge(s) tried. The more serious the charge, the more that are allowed. But in all cases the defense is allowed more of these than the prosecution. The most common number is 10 allowed for the defense and 6 for the prosecution.

That covers "peremptory" juror disqualifications - which is a fancy way of saying "I just don't want this person sitting on the jury." NO reason needs to be (or is) given for having a candidate disqualified with a peremptory challenge.

Any person being considered for a jury can, however, be disqualified for cause. And by either side. But those challenges are granted solely at the discretion of the trial judge hearing the case as normal part of the voir dire process. So while an unlimited number of potential jurors may be theoretically be disqualified, in practice the judge usually only allows so many. And there are fairly strict rules for what is considered an acceptable cause for disqualification - with the burden of establishing such cause resting solely on the shoulders of the attorney asking for it. The exception is in cases where a cause is so glaringly obvious (e.g where someone who is legally blind is being considered for a jury that will be asked to look at a great deal of photographic, video, and/or physical evidence during the trial) that a judge may disqualify the juror directly from the bench.

The usual way it works is 28 jurors (who could not be disqualified for cause) get selected. Then, the defense team gets to eliminate it's ten - and the prosecution gets to remove it's six. That leaves a classic 12-man jury - and trial proceeds. In cases where it is anticipated that the trial will run for a longer than average time, it's also not unusual to appoint one or two additional jurors as alternates - just in case somebody on the jury flips out or becomes medically incapacitated. Which happens from time to time, and could result in a mistrial if no alternate is available to take their place.

So that's why there are peremptory challenges. That's the trial attorney's ace in the hole for preventing the other side from too easily stacking the jury.

If you want a better understanding of how the entire process actually works, see: Jury Selection Procedures in United States District Courts (http://www.fjc.gov/public/pdf.nsf/lookup/jurselpro.pdf/$file/jurselpro.pdf). It's less than 70 pages. It's a very interesting read IMO. And a surprisingly easy one too.

re: what sort of evidence and testimony gets admitted during a trial:

In federal cases, what is admissible evidence is governed by either specific statute or The Federal Rules of Evidence (https://www.rulesofevidence.org/) which first went into effect in 1975. Those rules (which also cover the qualification and `admission of expert testimony and witnesses) were established to provide more uniform treatment in federal court cases.

So it's not really all that easy for Judge Kangaroo to do whatever he likes in a federal trial. (There's also the appeal process. That's something even the most arbitrary judges need to be concerned about if they played fast and loose with established procedure.)

re: the 800lb gorilla

First up - cute comeback. I laughed. :Thmbsup:

Next: I don't see anybody who argued that illegal drug trafficking wasn't being conducted through Silk Road. It was pretty obvious it was.

But Ulricht's legal argument was (a) that he was not involved in any way shape or form; and (b) that even if he somehow was involved, some odd sort of "safe harbor" rule applied because he was merely the site's owner. ("Look...I didn't do it. But if I did do it...it was an accident!") Unfortunately, "safe harbor" doesn't fly too well when a serious criminal act has been committed. But "aiding and abetting" provisions in the law certainly do. You can become an "accessory" to a crime either by your acts or your omissions. And you can be convicted of being an accessory to a criminal act even if the named principle is acquitted. Because it usually isn't a question of whether or not a crime was committed. In most cases, it's fairly obvious one was.  Once it goes to trial it's a mostly a matter of who will be held accountable. And in what capacity.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on February 05, 2015, 08:54 AM
Let's drop the jury selection bit. We're going across jurisdictions, and my memory of law classes may be a bit fuzzy. So, it's not a point that I think I can keep up with. Call it a win for 40hz. ;) (And I'll check into the docs you posted once I have time.)

But you didn't address the 1st amendment violation. This seems to be a teensy, tiny bit important.

I don't see how there's any way around that.

The judge put a gun to the defense's head and threatened them if they tried a sane defense (speech).

Trying to claim "federal rules of evidence" doesn't address the issue. If anything, it only illustrates the debasement of the first amendment and the criminality of the courts, judges, lawyers, and politicians that are complicit in that crime.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on February 05, 2015, 10:01 AM
Call it a win for 40hz.

It's not a competition. But thanks. At least I wrote something that wasn't too vague or rambling for once. ;D

But you didn't address the 1st amendment violation. This seems to be a teensy, tiny bit important.

I don't see how there's any way around that.

The judge put a gun to the defense's head and threatened them if they tried a sane defense (speech).

Trying to claim "federal rules of evidence" doesn't address the issue. If anything, it only illustrates the debasement of the first amendment and the criminality of the courts, judges, lawyers, and politicians that are complicit in that crime.

Um...ok...

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Am I missing something?

Maybe you meant Amendments V through VIII?

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

I don't see anything in any of the above that was clearly (or even obscurely) violated. :(

Perhaps you're saying that the due process itself is unjust? Well, therein lies the critical difference between what the law actually says - as opposed to what most of us (i.e. non-attorneys) usually think it says or wish it said. As one inexperienced attorney was famously reminded by Supreme Court Justice Oliver Wendell Holmes Jr. when his arguments "for justice" ventured a little too far from the actual words of the law: "This is a court of law, young man, not a court of justice."

Something to remember: The United States is a nation built on law. Whatever justice gets accomplished as a result of law is largely incidental.

As one wise individual by the name of Edison Haines so accurately put it: "Law is not justice and a trial is not a scientific inquiry into truth. A trial is the resolution of a dispute."

If it's any consolation, this comes as a complete shock to most Americans too. Especially the ones who first learn about it while facing a judge. It's right up there with the awkward feeling you occasionally experience in the presence of your parents once you're old enough to know (in no uncertain terms!) exactly what your father had to do to your mother in order to bring you into existence.
 ;)

 --------------------------------------------------
Note: I think it was defence attorney (and former federal prosecutor) Ken White of Popehat that had some excellent things to say on this very subject. If I can find it I'll post the link. :)

Update: Found it! Link here (https://www.popehat.com/2012/10/09/frankly-i-dont-care-how-due-process-makes-you-feel/).

In this case it was about a particularly heinous individual getting off (in my state no less!) after committing a frankly hideous crime - not because of a "technicality" - but rather because the trial court correctly followed due process as the law does and should require it to do.

Ken goes on to explain why it is so important that a court behave in such a manner - and why the occasional grave injustice that does occur in the wake of the properly executing "due process of law" is so important in order to prevent even graver injustices from becoming the norm.

And while this one was a 'victory' for the defense side - what happened holds in the same manner for the prosecution under US law. Dame Justice's sword is a two-sided weapon.

Here's an excerpt:

Frankly, I Don't Care How Due Process Makes You Feel
by Ken White · October 9, 2012


I stopped blogging about Nakoula Basseley Nakoula, the maker of the "Innocence of Muslims" video. I stopped because (1) I am interested in discussions about what the law is, to the extent that discussion is based on law, (2) I am interested in discussions of what the law should be, (3) I am interested in discussions of how courts work, to the extent those discussions are premised on actual experience and facts, but (4) I am completely uninterested in what people feel the law is, and (5) I am completely uninterested in what people feel happens in courts, frequently based on TV.

Discussions of what the law is based on feelings annoy me. They're about mob rule, not the rule of law...<more (https://www.popehat.com/2012/10/09/frankly-i-dont-care-how-due-process-makes-you-feel/)>
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: wraith808 on February 05, 2015, 10:27 AM
https://www.popehat.com/2013/10/02/the-silk-road-to-federal-prosecution-the-charges-against-ross-ulbricht/
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Renegade on February 05, 2015, 10:51 AM
Am I missing something?

Yes.

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Is speech not allowed in court?


Maybe you meant Amendments V through VIII?

Nope. We don't even need to go there. Full stop at the 1st. That's all that is needed to show that the US judicial system is a complete and total farce and that the judges and related officers are nothing but criminals.


I don't see anything in any of the above that was clearly (or even obscurely) violated. :(

The first was obviously violated.

Or is speech in court not counted?

That would be a clear violation of the 6th, but only if you believe that a trial involves actually allowing a defense. If you don't believe that defendents are allowed to present a defense, then, well, all bets are off. Accusations equal convictions?

I think that we both know where that leads. The 4th box.


Perhaps you're saying that the due process itself is unjust? Well, therein lies the critical difference between what the law actually says - as opposed to what most of us (i.e. non-attorneys) usually think it says or wish it said.

There is no due process. It's a bloody joke. The rules are "fixed".

The first thing we do, let's kill all the lawyers. (http://www.gutenberg.org/cache/epub/1101/pg1101.html)

A mighty fine proposition! :P

If the law is incomprehensible, f**k it. Really.

Does everyone need to have a law degree to function?

If so, then yes. Killing all the lawyers is a good start to stave off that insanity.

You don't get off that easy talking about "Oh, gee, if only we poor serfs understood the heights and depths of law, and how it makes 'society' a better place!"

BS.

If everyone needs to spend 4 years of their life studying law, killing all the lawyers is a far, far better option.

Should we have any problems with slitting people's throats when they're attempting to force people into labour? Slavery isn't cool, and the implications of what you've said imply exactly that (if one accepts that "ignorance of the law is no excuse" -- need to be somewhat clear with that qualification before we start killing all the lawyers :P ).

Keep this in mind:

http://thelead.blogs.cnn.com/2013/12/31/40000-new-laws-take-effect-in-2014/

40,000 new laws. That YOU are responsible for. Personally. And that you MUST know. (Ok, well... some you won't need to know because you are in IT and don't need to know some new commercial fishing laws, etc. But either way... 40,000 or 400... it's a LOT!)

Sorry - No. There is no reasonable expectation for most people to know what the law is. At all. Except in the most basic forms, e.g. theft, murder, etc.

40,000 new laws? In 1 year? Really?

Ignorance of the law **IS** an excuse.

But, this is a wild tangent.

It still remains that the judge violated Ross' fundamental right to free speech in proscribing several of his proposed defenses.

The real criminal here is Katherine Bolan Forrest (TOR .onion link) (http://kpvz7kpmcmne52qf.onion/wiki/index.php/Dox_-_Katherine_Bolan_Forrest_%28Silk_Road_Judge%29).

If Ross was the DPR, he did nothing wrong.

If Ross was the DPR, he's a bloody hero.

Please note that some of the most popular drugs on the Silk Road were prescription drugs sold for 10% of the cost of regular prescriptions.

Does that give any more perspective on the issue? ;)





Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on February 05, 2015, 12:12 PM
Am I missing something?

Yes.

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Is speech not allowed in court?

Nope.

Not unbridled speech anyway. It's an adversarial system, which means it's Q&A format. You can ask questions. And you can answer questions as given. But you're not allowed to make speeches. Or go off on tangents or rants. The prosecutor and defence team leader are allowed to address the jury directly at the beginning of the trial where they lay out what they intend to prove.

Then the trial moves to the Q&A with witnesses who are required under oath to directly answer the questions - as posed to them - without speechifying or editorial glosses. You can be held in contempt if you do otherwise.

Then there is the summation speeches where the prosecution followed by the defense are allowed to recap to the jury what they believe they have established, after which they ask the jury to pass the verdict their side is asking for.

Finally, (another speech) the judge charges the jury - giving them specific instructions on how each point of the law as found in the charges is to be interpreted along with some general instructions on how a jury is supposed to conduct its deliberations plus a short homily on the importance of what they are being asked to do.

Then it's all over until the verdict comes back and...it's showtime! (More speeches!)

So as you can see, free speech as most people interpret it, is not a part of a US criminal trial. Nor is it actually allowed. Because a court trial is, in itself, not a forum for public debate. That comes before and after. Not during.



Maybe you meant Amendments V through VIII?

Nope. We don't even need to go there. Full stop at the 1st. That's all that is needed to show that the US judicial system is a complete and total farce and that the judges and related officers are nothing but criminals.

The First Amendment has absolutely nothing to do with due process. It deals with freedom of religion, speech, the press, the right of peaceful assembly, and redress of grievances against the government.

Freedom of speech (in the sense you're taking it) doesn't apply in a US court of law. So I wouldn’t see why you'd want to make a full stop here. You've gotten off at the wrong highway exit.


I don't see anything in any of the above that was clearly (or even obscurely) violated. :(

The first was obviously violated.

Or is speech in court not counted?

No. And no. See above.

That would be a clear violation of the 6th, but only if you believe that a trial involves actually allowing a defense. If you don't believe that defendants are allowed to present a defense, then, well, all bets are off. Accusations equal convictions?

I think that we both know where that leads. The 4th box.

Convictions are what a jury decides. No more, no less. Including if they decide to ignore the law in most (but not all) cases.


Perhaps you're saying that the due process itself is unjust? Well, therein lies the critical difference between what the law actually says - as opposed to what most of us (i.e. non-attorneys) usually think it says or wish it said.

There is no due process. It's a bloody joke. The rules are "fixed".

So sez Ren! But in practice, it works pretty well most of the time. Possibly something you clearly can't allow yourself to acknowledge - or even see? :)

The first thing we do, let's kill all the lawyers. (http://www.gutenberg.org/cache/epub/1101/pg1101.html)

A mighty fine proposition! :P

If the law is incomprehensible, f**k it. Really.

Does everyone need to have a law degree to function?

If so, then yes. Killing all the lawyers is a good start to stave off that insanity.

You don't get off that easy talking about "Oh, gee, if only we poor serfs understood the heights and depths of law, and how it makes 'society' a better place!"

One of the unfortunate side effects of having a judiciary that attempts (as far as is possible) to follow the letter of law, is that there will be an inevitable slide towards increasing complexity as people (and attorneys) constantly attempt to get around the intent of the law as written by playing semantic games.

That leads to court rulings and additional laws being passed which attempt to clarify and define what was originally intended. Because this occurs in a willy-nilly (i.e case-by-case) fashion, noise gets introduced into the system. That results in differing rulings by courts in different jurisdictions and conflicting laws being passed. The United States also has the often conflicting goals and overlapping powers of its federal and state governments to contend with. So it's even more legally complicated here than it is for most places on this tired planet.

I think the mess found in US law is more attributable to our cleverness with words and a desire to "do whatever we want to do, whenever we want to do it" than anything else.


There is no reasonable expectation for most people to know what the law is. At all. Except in the most basic forms, e.g. theft, murder, etc.

40,000 new laws? In 1 year? Really?

Ignorance of the law **IS** an excuse.

If true, so much for expecting, or even asking people, to exercise any form of social responsibility.

I'm guessing you're not a US citizen - or maybe just haven't lived very long among us American Neanderthals?  :P

Most of us don't have some weird  existential issue about dealing with this. Mainly because it's not the nightmare you seem to think it is. It's just complicated. Fortunately, most people here feel up to the task. We've grown up with it and live it, so we have lots of experience dealing with our government. We get by.


It still remains that the judge violated Ross' fundamental right to free speech in proscribing several of his proposed defenses.


Nope. It was in keeping with the established rules of due process - which deal with the admissibility of evidence and testimony based on how well they're related (i.e. germane) to the charges being made.

Again, a US court isn't a public forum. It's a public trial. You can't just introduce anything you want into a trial and expect it to be allowed. Otherwise everybody could argue god told them do it -and their belief in the truth of that is protected under the 1st Amendment. And since who can say what god may or may not choose to have us do, the charges must be dismissed.

If you want to push everything to its logical extreme, everything ultimately reduces to an absurdity. Let's not go there. It's fun. But it wastes a lot of words.

Please note that some of the most popular drugs on the Silk Road were prescription drugs sold for 10% of the cost of regular prescriptions.[/size]

Does that give any more perspective on the issue? ;)

It does. For you it's about what you feel the law should be. Not what it is.

In the US, all prescription medication is regulated by law, doled out exclusively by licensed pharmacists out of licensed pharmacies or by licensed medical doctors.. And I don't want to get into a whole discussion about drugs and drug prices (prescription or otherwise) right now because it's a very sore spot for me personally. But until the law changes that's the way it works.

I guess you're arguing from the perspective of public advocacy and reform, whereas I'm just trying to clarify for you how the law actually operates here. :)

Oh well...I've spent way more time than I should on all this than I should. So I'm gonna bow out from this thread for now. I hope Popehat does an analysis of the trial and the verdict soon. Ken White usually cuts through the chaff and delivers pure gold when it comes to helping amateurs like me understand how all this legal stuff really works.

Later! :Thmbsup:






Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: wraith808 on February 05, 2015, 12:40 PM
So sez Ren! But in practice, it works pretty well most of the time. Possibly something you clearly can't allow yourself to acknowledge - or even see?

Actually, after many real world experiences in court, I'd more agree with Ren on this point.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: 40hz on February 05, 2015, 03:12 PM
Actually, after many real world experiences in court, I'd more agree with Ren on this point.

I hear you. And I might even be inclined to agree (in principle at least) with a fair amount what Ren's saying. But what he's saying is not the way these things actually work in court. And if you persist in trying to use the rules of one board game while playing a completely different one, you're apt to be disappointed before very long. And lose.

Now if you want to talk about pushing for judicial and procedural reforms, that's an entirely different matter. But such proposed reforms aren't the law until they've become law. And that isn't going to help this former defendant right now.

----------------------------------------

P.S. I've had my share of experience with courts too - although these were all on the witness, 'expert' testimony, and jury side of the equation, thank heavens! They were all extremely interesting and eye-opening experiences. But they're also the sort of experiences best avoided if at all possible. At least AFAIC.

That said, I still think it works pretty well most of the time.  :)
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: Stoic Joker on February 05, 2015, 05:10 PM
So sez Ren! But in practice, it works pretty well most of the time. Possibly something you clearly can't allow yourself to acknowledge - or even see?

Actually, after many real world experiences in court, I'd more agree with Ren on this point.

Me too - And I've been fighting really hard to stay quiet and let the adults talk, but... Just because something has always been done that way doesn't mean it isn't stupid. :D

We -(The People)- need jury nullification to "down vote" idiotic laws.
Title: Re: Silk Road Seized - Dread Pirate Roberts Arrested
Post by: wraith808 on February 05, 2015, 05:51 PM
So sez Ren! But in practice, it works pretty well most of the time. Possibly something you clearly can't allow yourself to acknowledge - or even see?

Actually, after many real world experiences in court, I'd more agree with Ren on this point.

Me too - And I've been fighting really hard to stay quiet and let the adults talk, but... Just because something has always been done that way doesn't mean it isn't stupid. :D

We -(The People)- need jury nullification to "down vote" idiotic laws.

I don't think it's necessarily the laws as much as it's the status quo.

Mini-rant
The largest problem that I've had in all of my court cases that went bad- and the one that went well- was the judge.  In the end, they can make any ruling and in their fiefdom, it's law.  The only check and balance on that is appeal.  And unless an appeal is based on precedent or some sort of out of the ordinary circumstance or provable misconduct, the appeals court is going with the judge, because of the tendency to not want to start down the road of eroding the power of the judiciary.

And it sucks.