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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.
There seem to be an excessive number of typos in this. “Easter district,” “overact”, etc. This was written by professional lawyers, wasn’t it?
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