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The govt (in a bid to rebut @MalwareTechBlog's arg that wiretap law doesn't apply to foreigners) is here arguing that selling malware amounts to procuring a person to wiretap.
https://www.documentcloud.org/documents/4441094-Brief-in-Opposition-to-Motion.html …
That arg could do interesting things to the Spyware industry. cc @josephfcox
This seems to indicate that the informant the government has been trying to hide by calling a tipster is in CA.pic.twitter.com/9ZRfWPjYH8
Advertising on YouTube = crime against America. (If they're going to argue THAT why not try this in a venue w/actual cyber prosecutors? Never mind.)pic.twitter.com/g53rOY4tXt
Hello security researchers!! Here the govt is arguing that SHARING malware w/someone in the US may constitute wiretapping.pic.twitter.com/fOzqHYbmqs
I'm being an asshole but I find this typo, "overact," funny.pic.twitter.com/lZGcvCDkN2
.@MalwareTechBlog: Show us the 10 computers damaged under CFAA.
Govt: No.pic.twitter.com/C4MKGzVipf
Hey @OrinKerr: EDWI just called you device argument (which @MalwareTechBlog adopted) "convoluted."
Fighting words.pic.twitter.com/xW41gYN5La
You always gotta laugh when the *US* govt relies on an OED definition, not Merriam Webster, to support their word games. MW def ls: "software designed to interfere with a computer's normal functioning."pic.twitter.com/9JokghI6jL
I expect before we're done govt will say, "Welp, Hutchins is British so of COURSE he takes his understanding of a word that is part of his alias, malware, from the OED. But we also expect him to understand US Miranda rights."
I'm confused. @MalwareTechBlog is primarily accused of manufacturing malware. But not even his malware-sending defendant was wiretapping.pic.twitter.com/po5cOxT4er
Malware is a device because it was advertised on YouTube.pic.twitter.com/u2et9KiNjL
Page 10 of the brief spends an entire page digging through dictionaries for a definition that helps the govt. https://www.documentcloud.org/documents/4441093-Brief-in-Opposition-to-Motion.html … As someone w/a PhD in language games, even I find this ridiculous.
In a brief that spends 1.5 pages pointing to definitions in online dictionaries and related reference materials, USG says to ignore what @MalwareTechBlog says about online dictionaries.pic.twitter.com/uY6fzEj3io
I'm NAL. But aren't lawyers supposed to cite the relevant case law when they make assertions like this?pic.twitter.com/6lSC56pAHd
Interjection:
Yes, the government (more specifically, non-specialist prosecutors from Wisconsin) is actually malware-splaining to a guy named @MalwareTech.
.@MalwareTechBlog, a second time: Please show me the 10 computers damaged under CFAA.
USG (after having said "no" once): Let me redefine that as "how malware works."
https://www.documentcloud.org/documents/4441092-Brief-in-Opposition-to-Motion.html …pic.twitter.com/UrMSxdszTm
Note: elsewhere in this package of briefs, the govt says @MalwareTechBlog tried to dismiss the indictment when he should have asked for a Bill of Particulars. Here, they're saying he can't have a Bill of Particulars.
Aside from the other dickish aspects of this passage (not least that @MalwareTechBlog never claimed he didn't understand English), the swipe "self-proclaimed" is pretty obnoxious.
Also, what does attending DefCon have to do with understanding English?pic.twitter.com/Busy8ZubkO
USG has *just* made a big deal out of whether someone does or does not understand English. But here, they're suggesting @MalwareTechLab should have taken the question, "Are you drunk?" to mean, "Are you drunk, doped, or tired?"pic.twitter.com/JhCfKUlrKs
And fin.
@MalwareTechLab has a hearing today that I won't attend bc I've escaped to the UK, where the weather actually is nice, not like MI and WI.
As @nycsouthpaw said, he's likely to lose the Miranda challenge, bc Miranda has withered and died. But that's setup for trial.
But those briefs on device/wiretap/those elusive 10 computers that got damaged? Hoo boy. Which may be why they've decided to go the superseding route.
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