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William was raided for running a Tor exit node. Please help if you can.



On Thu, Nov 29, 2012 at 2:06 PM, Patrick W. Gilmore <patrick at ianai.net> wrote:
> On Nov 29, 2012, at 13:57 , William Herrin <bill at herrin.us> wrote:
>>  On Thu, Nov 29, 2012 at 11:45 AM, Patrick W. Gilmore <patrick at ianai.net> wrote:
>>> Do you think if the police found out child pr0n was
>>> being served from a starbux they wouldn't
>>> confiscate the equipment from that store?
>>
>> I think if they took the cash registers too the Starbucks lawyer would
>> be in court an hour later with a motion to quash in one hand and an
>> offer of full cooperation in the other.
>
> And if the sky were orange....
> Any other non-sequitors? :)

All of Mr. Weber's equipment was seized. Last I checked the cash
registers at Starbucks were networked computers too. Maybe your
Starbucks is different.

Mr. Weber lives in another jurisdiction, but in the U.S. the warrant
is limited to material plausibly connected to the alleged crime. If
the guy was shot with a 9mm and the warrant says "all firearms," it's
unlawfully broad. The most it should be is "small calliber handguns"
and not even that much if they know for sure it's a 9mm. If the police
seize a shotgun and a couple of knives, they've overstepped.

If the computer at IP:port:timestamp transmitted child porn, a warrant
for "all computers" is also too broad. "Computers which use said IP
address or which employ forensic countermeasures which prevent a ready
determination whether they employed said IP address." And have a
qualified technician on the search team, same as you would for any
other material being searched.


On the flip side, I think that if you're running a Tor node you'd
better hope the police *want* your cooperation. If they don't your
activity falls somewhere between criminal recklessness and criminal
facilitation. Seriously, who do you think uses your Tor node? Whistle
blowers exposing corruption and freedom loving libertarians? Fool.



-- 
William D. Herrin ................ herrin at dirtside.com  bill at herrin.us
3005 Crane Dr. ...................... Web: <http://bill.herrin.us/>
Falls Church, VA 22042-3004