The FBI Is Apparently Paying Geek Squad Members To Dig Around In Computers For Evidence Of Criminal Activity
from the maybe-these-are-the-'smart-people'-who-can-fix-Comey's-encryption- dept
Law enforcement has a number of informants working for it and the companies that already pay their paychecks, like UPS, for example. It also has a number of government employees working for the TSA, keeping their eyes peeled for "suspicious" amounts of cash it can swoop in and seize.
Unsurprisingly, the FBI also has a number of paid informants. Some of these informants apparently work at Best Buy -- Geek Squad by day, government informants by… well, also by day.
According to court records, Geek Squad technician John "Trey" Westphal, an FBI informant, reported he accidentally located on Rettenmaier's computer an image of "a fully nude, white prepubescent female on her hands and knees on a bed, with a brown choker-type collar around her neck." Westphal notified his boss, Justin Meade, also an FBI informant, who alerted colleague Randall Ratliff, another FBI informant at Best Buy, as well as the FBI. Claiming the image met the definition of child pornography and was tied to a series of illicit pictures known as the "Jenny" shots, agent Tracey Riley seized the hard drive.
Not necessarily a problem, considering companies performing computer/electronic device repair are legally required to report discovered child porn to law enforcement. The difference here is the paycheck. This Geek Squad member had been paid $500 for digging around in customers' computers and reporting his findings to the FBI. That changes the motivation from legal obligation to a chance to earn extra cash by digging around in files not essential to the repair work at hand.
More of a problem is the FBI's tactics. While it possibly could have simply pointed to the legal obligation Best Buy has to report discovered child porn, it proactively destroyed this argument by apparently trying to cover up the origin of its investigation, as well as a couple of warrantless searches.
Setting aside the issue of whether the search of Rettenmaier's computer constituted an illegal search by private individuals acting as government agents, the FBI undertook a series of dishonest measures in hopes of building a case, according to James D. Riddet, Rettenmaier's San Clemente-based defense attorney. Riddet says agents conducted two additional searches of the computer without obtaining necessary warrants, lied to trick a federal magistrate judge into authorizing a search warrant, then tried to cover up their misdeeds by initially hiding records.
The "private search" issue is mentioned briefly in OC Weekly's report, but should be examined more closely. Private searches are acceptable, but the introduction of cash payments, as well as the FBI having an official liaison with Best Buy suggests the searches aren't really "private." Instead, the FBI appears to be using private searches to route around warrant requirements. That's not permissible and even the FBI's belief that going after the "worst of worst" isn't going to be enough to salvage these warrantless searches.
As Andrew Fleischman points out at Fault Lines, the government's spin on the paid "private search" issue -- that it's "wild speculation" the Best Buy employee was acting as a paid informant when he discovered the child porn -- doesn't hold up if the situation is reversed. AUSA Anthony Brown's defensive statement is nothing more than the noise of a double standard being erected.
Flipping the script for a minute, would an AUSA say it was “wild speculation” that a man was a drug dealer when phone records showed he regularly contacted a distributor, he was listed as a drug dealer in a special book of drug dealers, and he had received $500.00 for drugs? Sorry to break it to you, Mr. Brown, but once you start getting paid for something, it’s tough to argue you’re just doing it for the love of the game.
In addition to these problems, the file discovered by the Best Buy tech was in unallocated space… something that points to almost nothing, legally-speaking.
[I]n Rettenmaier's case, the alleged "Jenny" image was found on unallocated "trash" space, meaning it could only be retrieved by "carving" with costly, highly sophisticated forensics tools. In other words, it's arguable a computer's owner wouldn't know of its existence. (For example, malware can secretly implant files.) Worse for the FBI, a federal appellate court unequivocally declared in February 2011 (USA v. Andrew Flyer) that pictures found on unallocated space did not constitute knowing possession because it is impossible to determine when, why or who downloaded them.
This important detail was apparently glossed over in the FBI's warrant application to search Rettenmaier's home and personal devices.
In hopes of overcoming this obstacle, they performed a sleight-of-hand maneuver, according to Riddet. The agents simply didn't alert Judge Marc Goldman that the image in question had been buried in unallocated space and, thus, secured deceitful authorization for a February 2012 raid on Rettenmaier's Laguna Niguel residence.
Courts have shown an often-excessive amount of empathy for the government's "outrageous" behavior when pursuing criminals. The fact that there's child porn involved budges the needle in the government's direction, but the obstacles the FBI has placed in its own way through its deceptive behavior may prevent it from salvaging this case.
The case is already on very shaky ground, with the presiding judge questioning agents' "odd memory losses," noting several discrepancies between the FBI's reports and its testimony, and its "perplexing" opposition to turning over documents the defense has requested.
In any event, it appears the FBI has a vast network of informants -- paid or otherwise -- working for both private companies and the federal government. Considering the FBI is already the beneficiary of legal reporting requirements, this move seems ill-advised. It jeopardizes the legitimacy of the evidence, even before the FBI engages in the sort of self-sabotaging acts it appears to have done here.
Underneath it all is the perplexing and disturbing aversion to adhering to the Fourth Amendment we've seen time and time again from law enforcement agencies, both at local and federal levels. Anything that can be done to avoid seeking a warrant, and anything that creates an obfuscatory paper trail, is deployed to make sure the accused faces an even more uphill battle once they arrive in court.
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Filed Under: fbi, geek squad, informants, searches, warrants
Companies: best buy
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Works for me...
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Missed opportunity
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Re: Works for me...
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Re: Re: Works for me...
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Re:
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Re: Re: Re: Works for me...
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Re: Re: Works for me...
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Re: Re: Re: Works for me...
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Re:
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STASI 2.0
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Re: Works for me...
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FBI in the Obama era
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That would be the equivalent of a plumber going through your bedroom drawers as part of his "job" of unclogging your drain.
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RULE 41
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Re:
because its legal for a third party to voluntarily pass on information, we can demand that they give us information when we want it.
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Re: Re: Works for me...
Best buy has a proprietary software tool for diagnostics and repair. If the problem is hardware it's almost always returned to a service center however.
On another note.. this article about dumb as shit.
The biggest "spying" that goes on is dumb people with naked pictures on their machines. The store employees will gather and laugh at you.
If you wanted to spy and keep it secret you definitely would NOT use unskilled workers making hourly wages at best buy
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Bust or blackmail the customer at best buy.
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Re: FBI in the Obama era
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When you are busted...
Guess what I do for a living, folks, for over 20 years? Computer forensics, especially criminal defense. I do a fair share of "kiddie porn" cases, for the defense. If and when you do get busted, please be so kind as to pick-up the telephone, to retain my services.
Confidential informant or not, it looks like there will be a heck of a lot of dismissals, on the horizon, for these types of cases.
I had a recently like case, dismissed / terminated.
Steven Moshlak President, Computerlegalexperts.com http://www.computerlegalexperts.com 202-262-0225
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$500 dollars a pop
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Re: Re: FBI in the Obama era
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"According to court records, Geek Squad technician John "Trey" Westphal, an FBI informant, reported he accidentally located on Rettenmaier's computer"
"the image in question had been buried in unallocated space"
It's like trying to say to your girlfriend/wife... "I accidentally had sex with that woman."
I bet the tech in question saved a copy for himself before turning the guy in. I'd be curious if a warrant were issued to search John "Trey" Westphal's PC how many customer pictures, MP3's, and Movies would be found on his PC.
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Stoopit People
DO NOT EVER TRUST THE GOVERNMENT. IF YOU EVEN THINK THEY CAN DO IT --THEY ARE.
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Re: Re:
It's not paranoia to believe proven, uncontested facts.
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Re: Re: Re: Works for me...
Basic computer literacy, along with basic literacy in how to handle money, should be taught in high school. Handing over your computer that may have all sorts of confidential information to a random Best Buy nerd (ie: bank statements and transactions, names, addresses, etc...) is risky.
Then again having malware on your computer is also risky. Either way you can get personal information stolen and be subject to identity theft. The solution is for people to be educated about how to use Windows.
Luckily I noticed that the younger generation is more proficient than older people (but not always).
It's funny when I was taking one of my chemistry classes our chemistry teacher was really old. He was very sharp for his age, had a very good memory and was very well spoken and competent. He worked for NASA in the past and he helped develop the fuel that put the first man on the moon. Yet he could barely work Windows and it was his students that were showing him how to do what he wanted (ie: he partly used powerpoint and whatnot). I think he's probably retired by now. This guy knew everything there was to know about chemistry but couldn't operate or troubleshoot Microsoft Windows very well. He's not the first old brilliant teacher I've had that couldn't work Microsoft Windows. The younger professors have no problems working their computers and are themselves very proficient. So part of it is a generational thing I guess.
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Re: When you are busted...
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Re:
I would also not look at HIPAA regulations as a good way to do anything except increase costs for companies involved. They do not seem to have done much to protect our medical information.
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Re: Re: Re: FBI in the Obama era
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Computer search
Now this has been weaponized, they can search for anything. In some countries a copy of the US constitution would be considered a prohibited "virus", though it appears the Fed's have found the antidote.
This is similar to the NSA revelations a few years ago. Some smart person paid to "find a work around" always will. It's this attitude which the judges are responsible for stopping.
I am not defending child porn, terrorists, or even drug dealers. It's just that these are hot button issues to deploy the techniques and socialize them in the courts, the population, etc.
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Re: Re: Re: Re: FBI in the Obama era
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Dangerous Territory...
Yet, FBI had Santiago in November, handed him off to psych interview and returned his firearm. Month later he shoots up Ft Lauderdale airport baggage claim area.
The CIA is politically engaged, the FBI can't seem to catch terrorists yet they can justify Geek Squad/UPS spying on citizens? This is VERY DANGEROUS territory and points to a govt that is off the rails.
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Re: Re: Re: Works for me...
"If you wanted to spy and keep it secret you definitely would NOT use unskilled workers making hourly wages at best buy"
John "Trey" Westphal, an FBI informant.
Apparently BB/GS managers need not possess reading comprehension skills.
I have had a GS boot disk and there is nothing proprietary about them. A bunch of readily available virus/malware/HW test tools and some command line scripts for the 10/hr "tech" to run.
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Re: Re: Re: Re: Works for me...
Not trying to know computer technicians (used to be one), but the people I worked with would *jump* at such money.
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Re: Bust or blackmail the customer at best buy.
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Re: Re: Works for me...
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Simple Workaround
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Re:
Yes, it's still illegal to divulge most medical information to private third parties. But as much as I despise Monsanto, I just don't see how they could cause me as much grief as the government could.
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Re: STASI 2.0
I wouldn't say this is Stasi 2.0. Yet. It's the framework being put in place.
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Worst of the Worst is just an excuse
The FBI wanted Apple to build a universal back door so the FBI could access any phone at any time without supervision. In the name of Terrorism.
In this instance, the FBI wants to work around the warrant requirement by involving a third party. All in the name of Think Of The Children.
What they seem to want is a warrantless way to snoop into anyone's computer or smartphone.
I would suggest that this is what their NIT (network investigative technique) is all about. The NIT is a euphemism for hacking into computers around the globe. Under cover of a local search warrant from an easily fooled judge.
Imagine this. Use NIT to find someone you want to bust, by hacking their computer. You can't nail them on some other charge. So plant illegal pr0n on their computer. Then make their computer unbootable (but easily fixable) so that they take it in to Best Buy.
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Laws
Then HUMANS can PROSPER
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Re: STASI 2.0
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Who at Best Buy HQ thought this would be great that the employees would get $500.00 for the info, so if the employee was getting $500.00 what was Best Buy's cut then? No way they were doing this to be a good citizen and how did they think violating their customers privacy was a-ok to do?
Several people at Best Buy HQ are responsible for having their staff act as agents for the FBI under teh guise of fixing someone computer issues, but yet it seems onlt the geek squad employees are taking the hit.
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Re: Re: Re: Re: Works for me...
I first of all have no sympathy for perverts getting dimed out by a GS agent. I've never seen anyone get a reward when I worked there, but that's great if the FBI is paying some people for it.
Rule of thumb, if your computer has content on it, that you know could get you sent to prison for having, don't take your computer in to get fixed.
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Re: When you are busted...
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Re: Re:
So mind tell me how the FBI is getting info on patients at my healthcare location?
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Re: Laws
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Bustbuy Geeksquad snooping on customers.
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Re: Re: Re: Re: Works for me...
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Disturbing
Or when the article alludes to "suspicious amounts of cash it can swoosh it and seize"?
They can decide to take property. Beware civil forfeiture. No crime, no judge involved.
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Re: HIPAA
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Geek $quad?
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Always Insert Clean Drive
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Re: Re: Re:
http://www.medicalrecords.com/physicians/electronic-medical-records-deadline
http://www.medicalrecord s.com/consumers/who-has-access-to-my-electronic-medical-records
"As for any type of information, your electronic patient records can be released if ordered by a court or by health agencies or law enforcement agencies with a valid subpoena or legal order, and may be required in certain situations."
Note that they specify a subpoena OR legal order. Not even a warrant. Just a law enforcement agency saying they need it.
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Re: Re: Re: Re:
Keep movin goalposts, you're almost the Atlantic.
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So that's why.....
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Re: Re: HIPAA
Can you point to the HIPPA portion that says this?
If so, my healthcare facility isn't compliant as we do no such thing.
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Soon..
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Re: $500 dollars a pop
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The Mafia has known this for decades
In the 1950's, the Mafia wives constantly complained that they weren't allowed to get their refrigerators and washing machines fixed, because the FBI had paid off all of these repairmen (yes, they were all MEN back then) to spy on them when they came for repairs.
The Mafia was so suspicious, they wouldn't even *throw these old machines away*, in case some evidence remained within their innards.
So, you could tell a Mafia house by how many dead household appliances they had stacked up in their garages/back yards.
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Best buy Geek Squad
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Re: So that's why.....
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Re: Re: STASI 2.0
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Re: Re: Re: Re: Re:
And that's just from the first legitimate looking website I came across, in a 30 second search. If you're actually interested in the subject, why don't you look in to it yourself? I did, several years ago. I can't quote the specifics of things I read in 2010, off the top of my head. I'm sorry, my memory just isn't that good. But I suspect your disbelief is based on politics rather than knowledge, so I see no reason to dig through thousands of pages again, just to provide you with evidence you'll dismiss out of hand.
When did people who describe themselves as liberal become so pro-establishment? What happened to questioning The Man? This article is explicitly about The Man looking for creative new ways to deny you your rights. Do you really believe this is an isolated case?
Seriously, please try to sign up for an ACA plan. Don't actually do it, just go through the process. You'll be disgusted at how much they tell you about yourself, and how little of it the government has any right to know about a presumably law abiding citizen. Then ask yourself if you really believe they're just ignoring all that medical data they've required to be put into electronic form.
I'm done. Peace.
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Blah -
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A little fascism here
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Re:
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Re: Re: Re: Re: Re: Re:
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How low will some go?
"In other words, it's arguable a computer's owner wouldn't know of its existence. (For example, malware can secretly implant files.)"
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Re: How low will some go?
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Geek Squad
They can just as easily pay these geeks to put child porn on someones computer for blackmail or for future arrest.
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Re: Re: Laws
-H.C.-
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Re: Works for me...
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^Tell that the the morons who still don't think that Trump won the election and Russia won it for him. I'll believe Assange - who said the only hacking that happened was by our own government - over the FBI under the Obama administration any day. The state of Georgia's election commission traced intrusion on their computers to Obama's Department of Homeland Security.
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Don't be suprised
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Geek Squad
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In defense of minor attracted people
Morality is just an abstract concept, a social construct created by parochial minded religious people that are trying to make you submit to their antiquated group think. They often craft shaming language toward you, accusing you of having a “ high hope for a low heaven”. Evil and morality are Points of view. Picture a cat playing with a mouse. To the cat, he is just playing with his food. To the mouse, the cat is the equivalent of evil it's self.
Pedophilia in relation to human nature, and how it evolved through evolution is discussed briefly. Life is a question, asked of the Universe, "Is this right?"...and answered by death if it isn't. This is the realist's perspective who lives by natural law. People lived short brutish lives in out ancient history, often dying around age 30. There was no supportive social services in those ancient times and young girls who lost their families either died or grew up quick. The ones that were attracted to older men survived and eventually reproduced. That is why you have women who like older men, and men who like young girls. It's and adaptive strategy that worked in the past; simple as that. We are still running on 20,000 year old software, and no stupid, recently created, feel good, socially constructed laws are going to change that. You can bet there are at least, if not more, minor attracted men out there than there are gay men. Why persecute them for the way nature made them if they are not hurting anyone? No wonder the birth rate in western civilization is declining. No one wants to marry a menopausal women that is hitting the wall.
Being attracted to youth doesn't make one a monster, it's the way nature made us. What does make a monster is destroying the lives of innocent men who did nothing more than follow their human nature. Not only does it destroy the lives of men when they are taken to prison but destroys the lives of the families, and pets, that depend on them. Think of all the poor animals that get hauled off to the animal shelters,and get killed, because their owners get put in prison for stupid non-violent crimes; feeding the prison industry. If I was a cop, I would have trouble sleeping at night for thinking about all the lives I destroyed. Shame on me, I say shame on you!
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The 4th Amdt is there for a reason and it's not really that hard to follow the procedural rules for getting a warrant.
Agents and AUSA's who lie to judges deserve termination, prosecution and incarceration.
Fruit of the poison tree must be discarded.
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Re: Re: Re: Works for me...
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Re: In defense of minor attracted people
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Pay creates the incentive for people to PLANT eidences that are illegal.
Brooke Shields modeled for Gary Gross when she was 10 years old Fully Nude. By the time she was 13 those were in Playboy. The supreme court of New York has upheld that those images were NOT PORN due to what a definition of porn must be.
The DOST TEST is the 6 point definition of porn. This was set in place so that people who happen to snap innocent photos of their family / kids being silly in the tub or at a clothing optional beach weren't headed for prison.
There are people going to jail today who have no idea that the images they had on their computer weren't even porn.
This is all defined in the 18 U.S.C 2257 and 2257(a)
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Re: Re: Re: HIPAA
"The Secretary shall collect and aggregate consistent data on quality and resource use measures from information systems used to support health care delivery to implement the public reporting of performance information..."
And later gives him the power to:
"...determine the type of information that is useful to stakeholders and the format that best facilitates use of the reports.."
Also in the same section:
"Such information shall be tailored to respond to the differing needs of hospitals and other institutional health care providers, physicians and other clinicians, patients, consumers, researchers, policymakers, States, and other stakeholders, as the Secretary may specify."
If you're looking for the section that says "The NSA can spy on citizens at will," that's not how governments write laws. But if you understand legalese, this clearly spells out that the secretary, presumably of HHS, has the authority to determine the scope of his own data collection powers, and to name stakeholders. Beyond that, States, researchers, and policy makers are already explicitly listed as stakeholders. He can collect any medical data he wants, and share it with whomever he chooses. It's right there, in the text of the law.
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Re: Re: Re: Re:
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Geek Squad snoopers
This is one reason why you should NEVER save data of any kind to your C: drive. Documents, media, and emails should be saved to a separate PHYSICAL drive that you can remove if you ever need to take your PC in for service. Another reason is that if you get a virus or ransomeware, you can just reformat C: and reinstall your software.
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Re:
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Background Checks?
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11 days and this will end under Trump
"KEK: The Rise of Donald Trump" (released 1-7-2017)
https://www.amazon.com/dp/B01MZ7QSIE
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Re: Re: Re: Laws
The lying, pussy grabbing, egotistical, myopic, xenophobe.
-DJDrump!
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dd
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Re: Re: Re: Re: HIPAA
Woo hoo, you made it to the Atlantic! Marianas Trench next?
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Re: Re: Re: Works for me...
So yeah if your going to trust your personal data to someone you should have trust in that person. However just watching will do nothing in stopping that data from being taken.
Better to have a neighbor kid with computer skills fix your box in front of you than the Geek Squad. Pilfering data is nothing new to the Geek Squad and its well known. I'm sure a Google search would turn up info on that.
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Trust me, I'm an IT Network Specialist. :-)
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Actually this is legal.
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Did tech put it there?
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Re: Re: Laws
Thanks in advance.
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Re: Re: Re: Re: Re: Works for me...
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Re: Re: Re: Re: Re: Works for me...
It could be that the owner had downloaded it on purpose or maybe the computer had been bought used with a formatted drive. Maybe it was downloaded by accident with other files. Maybe it was the GS guy who was one of the bad or thoughtless ones, that just wanted to make $500 and didn't have enough brains (or simply didn't care) to see that it would devastate a persons life.
I don't know the rate of good vs bad people in GS, but I would guess that shifts when money is involved and with the FBI's eagerness to prosecute no matter how little actual evidence there is and the general public's thirst for blood when facing such things, we would be facing more false accusations than if it weren't there.
It is not only the fact that the falsely accused will be labeled during the trial, but even if they are judged to be innocent (which they should if all they have is a deleted picture) there is the court of the public that don't always take things such as "innocent in a court of law" serious. This persons life will be worse afterwards which is why it is not worth the cost of using these methods.
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Re: Re: Re: Re: Re: FBI in the Obama era
It will be interesting to see if people will react differently when instead of the typical backdoor dealings and shady agreements, they will just be told directly "Hey, I am going to make things crappy for you. Deal with it". I consider these next years a science experiment in human psychology.
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Best Buy terms of service
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"The Russians did it" stuff
If an unknown individual is getting paid for snooping in computers, digging for dirt that can be turned into cash, chances are he will be encouraged on plant it there.
The FBI lied to a judge on purpose in order to secure a search warrant. That in itself is grounds for dismissal of the case and for the FBI lawyer to lose his/her license.
What's a GS staffer doing looking for dirt in unallocated space in the first place? GS should have fired the informant because now that the case is falling part, the guy who took the computer there can sue them for defamation, violation of privacy and civil rights, and being accessory to a felony. And I'm sure he will.
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Re: Actually this is legal.
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Welcome to Germany in the 30's
This is not a Vast Left/right wing false news story. It's happening every day, and We the People are letting it happen
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Re: Re: Re: Laws
This is the origin. The video is from John Oliver - Last week Tonight and is 3:47 long: link
It says that Trump used to have the last name Drumpf but he changed it, and since he probably didn't like it, we should start calling him that.
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Re: Re: Re: Re: Laws
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4th Amendment Violation?
The other consideration here is that GS could install malware or a rootkit on the machine without the user knowing. We already know that they are being rewarded by the FBI for finding law breakers, so the incentive is there. From a consumer perspective, if these GS employees are FBI informants, there is a breach of trust and we have no reason to believe that they are placing the needs of the consumers first. Is it far fetched to believe that GS would install malware? Is there anything that proves that they wouldn't?
On a side note, I'm a IT professional and this just confirms what I've preached to everyone I know. Never take your computer to Best Buy. At the very best, you'll receive your machine back fully wiped. When computers become infected with viruses, GS will handle virus removal by resetting to factory settings and destroying all of your data. A virus doesn't mean you have to wipe your machine if you know what you're doing.
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Re: Re: $500 dollars a pop
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Re: Re: So that's why.....
Because the ends always justify the means and there is no way a deleted picture with no metadata could ever be falsely placed for money or from a previous owner.
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Re: Blah -
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Re: Re: In defense of minor attracted people
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Tell that the the morons who still don't think that Trump won the election and Russia won it for him.
It's OK snowflake. It's OK. There'll be an article where you can whine about this shortly.
This one isn't it, though.
Try the Bulgarian Public Radio one next. Now THAT'S a test of being able to insert this political bullshit where it doesn't belong.
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Re:
And the GeekSquad guys know this. That's why they never would do something so STUPID as planting CP on somebody's computer, no matter how greedy they were for that FBI reward money.
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Re: Re: Re: Re: Re: Re: Re:
Why should they ask when they already have them?
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This is BS
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best buy
1) had not touched the fan
2) had uninstalled several applications I use
3) had installed several other applications I did not recognize
4) had set up Windows Update to automatically download and install Windows 10 after the next reboot.
As far as I'm concerned this was criminal vandalism. The only reason I didn't talk to a lawyer about it is that due to the repair service I was requesting coming under a free-maintenance clause of a friend's previous purchase I didn't need to actually pay them.
But you can bet I'm not ever paying them for anything else, either.
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Re: Dangerous Territory...
https://www.guggenheim.org/artwork/artist/sally-mann
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Re: Re:
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Re: Re: So that's why.....
Well just use the democrat argument.
Or they could use the republican argument and refuse to do their jobs.
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Re: How low will some go?
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Re: Re: Actually this is legal.
That's apparently legal too, for FBI agents.
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Re: Re: Re: Re: Laws
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Re: Disturbing
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computers
You still have to be careful though, you won't have a developer censoring your pictures, but you may have the FBI doing it.
With technology the way it is today, I can't imagine anybody being so stupid to put anything on a computer that could harm them.
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Re: So that's why.....
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Chain of Custody?
I though that such said discovered items could put you on the police's radar but using such discovered items in court would be unlikely to be admissible since the computer has been out of your control and god knows who could have put them on the computer (The tech working on it, someone else in the shop.) And if the tech also has a $500 incentive by the FBI does it become at some point advantageous to plant something on an unsuspecting computer to keep the payouts coming.
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Re: Re: Actually this is legal.
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Re: FBI in the Obama era
Anyone genuinely concerned about constitutional violations would not be so eager to see a Trump administration take power.
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Re: Re: Re: Actually this is legal.
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Re: 4th Amendment Violation?
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Re: "The Russians did it" stuff
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Re: Re: Re: Re: Actually this is legal.
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Re: Re: In defense of minor attracted people
There's girls of all ages in Jock Sturgess, David Hamilton's and Sally Mann's books you can buy in Boarders, or any other art / book store.
Totally nude.
We protect the "Art" and the problem is people are going to jail because there's LEGAL art that is being considered porn.
There's people who have been jailed because of LEGAL images that were considered underage because no one could confirm the age of the girls and people assumed that the endocrinology must make a girl who is 18 years old have significant stage 5 breasts.
This is on the Tanner Scale and even the creator of the Tanner Scale said it shouldn't be used for prosecution.
There was a case where "Little Lulu" was a porn out of a US State, a man was found traveling through an airport checkpoint and they found it. They were prosecuting him. They didn't care if the girl was of legal age. His attorney successfully got in touch with the model from the video who came and testified in court that she was actually of legal age.
Do you see the point? If there's no way to vouch for the age of the girl people are going to jail under "better safe than sorry"
We need:
Better policing of the internet. First and foremost. Less desire to punish people who may enjoy forbidden fruit fantasies.
Gary Gross photographed 10 year old Brooke Shields (yes the famous one) nude and those images were published in Playboy.
She went on to be nude in a George Burns film climbing out of the trunk of his car, as well as Blue Lagoon totally nude by the time she was 15.
Those movies are and always were legal. There were also modeling sites like Met-Art that went 18 up voluntarily but they were always showing nude underage girls because it was a protected "art."
NOT DEFENDING just pointing out we have a huge overlap in laws and understanding that leads to people going to jail for something that might not even be a crime.
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Re: Re: Re: Re: Re: Works for me...
I think you missed the part in this case where the image found was in slack space. That means the GS employee had to run forensics software to find the image at all. This particular case goes way, way beyond someone digging through your files when you bring a computer in. This employee was hunting for stuff that wasn't even accessible from the file system. (In this case it was most likely a deleted picture, or something that ended up in slack space from web browsing. However malware could have put it there as well. There's probably no way to prove how it go there, so there's likely no actual case. Thus why the FBI didn't inform the judge of this fact when getting a warrant. Otherwise the warrant would have been denied.)
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Re: Disturbing
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Re: The Mafia has known this for decades
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Re:
Even if the pictures that these people had were technically not CP, it does not make these people's ACTIONS any less criminal.
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old news?
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I'm glad I switched to Linux
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Re: "The Russians did it" stuff
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Re: Re: "The Russians did it" stuff
If you've done nothing wrong, you don't need civil rights.
- police union
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Re: Re: Re: "The Russians did it" stuff
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Re: Did tech put it there?
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from the article: "In addition to these problems, the file discovered by the Best Buy tech was in unallocated space..."
Actually the Geeks HAD to do a deep scan to find the image in 'an-allocated space'. The image had been deleted, indexs removed from the FAT, but the data was still extant on the HDD.
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Geek Squad
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Re: Re: Re: Actually this is legal.
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Serious delusions like yours should be treated by a medical professional.
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Re: Re: Disturbing
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Re: Always Insert Clean Drive
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Re: Re: How low will some go?
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Who's Gonna Pay?
Who is gonna pay this man's legal defense? Trump needs to revamp the way government uses their endless resources in attacking an innocent citizen. Whenever this happens, I hope Trump initiates TORT reform so the Government will be responsible for a person's legal expenses as it will aid a poor man to fight back...not just the rich. Plus....an agent or his/her team may think twice in bringing frivolous indictments when it gets tacked on to their own personal record. A few too many of these and the Government will dismiss an agent costing them a small mint!
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Only you have the key to the box.
I am in my late sixties , this not a function of age , it is one of ignorance.
Never trust the government or big business . They are there to take your money.
Learn and learn more about the machines you use or they will use you.
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On the books vs In practice
B) Good luck finding someone that will be able and willing to prosecute an FBI agent(or even just a cop) for lying to a judge.
Therefore: For all intents and purposes, it is 'legal' for an FBI agent to lie to a judge.
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Worst Ad
You can't trust them.
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Re:
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Re: Re: Disturbing
That's not just wrong it's demonstrably wrong, and given it looks like you've been on TD for years according to your comment history you should know better. The whole Playpen debacle was about the FBI not just running the site, not just running it for weeks, but improving the site to make it more 'efficient'.
The FBI not only did 'run [a] CP website', it improved it and made it run better.
Unless of course that was a Poe, in which case well done I suppose.
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Re: On the books vs In practice
Not for the purposes of preserving law and order, it's not legal to lie to a judge. It's been allowed to happen. That doesn't make it legal.
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Surprise
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Re: Re:
Sally Mann, David Hamilton and Jock Sturgess have all been producing books their entire photographic lives showing underage girls nude.
In fact you can buy those books right now at Boarders or other places. They're protected by the supreme court. So your point is about "intent"
This also must be compared with the Dost test's 6 points to determine if something is porn. Keep in mind yes people can be sexually attracted to anything regardless of human or animal.
Let me validate your point. YES there's people who want something illegal. You're absolutely right. BUT the point is strictly for people who weren't breaking any laws.
A girl nude with just a collar may be a photo taken by her parents at a nudist camp if they're just doing something silly. SURE some jackass doesn't have really any real excuse why to have possession of it, but it.
Huffington Post showed nude images last year of a children in an article about the wonders of fatherhood. And all his pictures were of his kids nude playing in the yard. black and white images, BUT the supreme court doesn't differentiate between color vs. black and white.
You're 100% correct on the aspect that if they were searching for something illegal their INTENT was to have something that violates the 18 USC 2257 and 2257a
BUT due to the fact there's also no legal defined term for art modeling of all ages that people will search for that term. so this creates the impression they're seeking to do something of criminal action.
HOW DO YOU KNOW... if there's dozens of images that cross the line between art and CRIME.
So yes you're right, we can tell. However it's also not the courts responsibility to determine what's legal in your case. YOU need to be armed with this information.
Did you know MetArt website went 18 up voluntarily and before that they were legally producing underage girls nude?
The problem with most legal issues is that so few people really study the depths of the laws (I'm a legal bookworm)
In the 90% there was many model sites of girls of all ages modeling in lingerie and even sheer stuff. Cali Sky was 14 when she was modeling nude, but not showing genitals, just paint on her nipples. She had her own website at 16 and is still doing tease modeling.
Jimmy Stephens was a producer of many models websites and images and denver police tried to charge him with CP production with 8000 years jailtime.
He proved that none of the images were porn because porn requires either focus on sexual areas (Meaning an innocent picture that's cropped may turn into porn once cropped)
or sexual penetration or images created strictly for sexual enticement of the viewer.
CREEPY FACTOR. yes people were paying members of those sites. They had to claim they were a modeling agent or photographer. See where the line turns gray.
I thought of doing a documentary on this, so I did a shit ton of research.
So Jimmy Stephens (James grady is his real name) was found completely innocent when he proved girls post images just like what he posted by themselves and facebook charges advertisers, so for pay is for pay. He proved that the supreme court decisions upheld what was art.
He also proved that Calvin Klein showed Brooke Shields covering her tits nude. So advertisers are always using the limits.
Thora Burch was topless in a American Beauty. She was 16.
Hollywood has had many underage girls in films. Brooke Sheilds in Blue Lagoon at 15 nude, she was in a George Burns film nude getting out of the trunk of his car at 14.
You're right about the intent. As we know from criminal law the SPECIFIC INTENT (mens rhea) is the determining factor if something was a crime. Criminal Intent.
This is often found in the questioning. What were you looking for.
ALSO a unique story... Did you read my comment about Little Lulu? A man was charged with CP for a DVD of an adult model. The prosecution didn't even care to research it.
Another unique story police were performing a sting operation on a man's router. However someone was contacting them THROUGH his router. So he downloaded hundreds of CP images (yes they'll actually provide them, imagine how screwed up that is)
And therefore the police gave out a bunch of images that shouldn't be out there but only found out when they tried to arrest the homeowner.
Prosecute the criminal, but let's not criminalize those who didn't show intent for criminal activity with stuff that doesn't rise to the level of a crime.
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Re: dd
It's funny that nobody has raised the following problem with his BS story:
Anyone who has ever downloaded an mp3, movie or legal pr0n has never downloaded just one file. All the contrary, most users downloads tons of it.
The guy being trapped by the FBI here would be the first kiddie pr0n addict who ever downloaded only one file to satisfy his impulses, LOL.
This is Gruber stuff for the crowd who truly believe a YouTube video caused a terrorist attack.
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Re: Surprise
The accused in this article would be the first pedophile in history who's ever downloaded one single kiddie pr0n file. This is all a sham.
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Re: Re: Did tech put it there?
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Re: Stoopit People
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Three Words...
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Re: Three Words...
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The fact that it's deleted suggests that it was something well known about by the computer owner, and that they deleted it to hide the evidence.
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Re: Re: Re: Laws
Another curious case is that of Daniel galvan vina. Immediately after release, he was hauled off to Ceuta by Spanish gov agents.
What are the chances of that?
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Re: Re: Re: Re: Disturbing
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Re: Re: Re: Re: Works for me...
"set-up" and left the store - regardless, even those machines I do accept, I purge or wipe depending how bad - dealing with the OEM ad-ware and potential mal-ware is at least documented.
2) Seeing as I don't trust the Geek Squad with a NEW UNUSED machine, why TF would I ever let them touch a machine I had been using?
3) I've seen some photos of the machines brought to them - I acknowledge there are some idiots out there who probably shouldn't own modern tech.
4) You wouldn't sell or give your old machine/drive without wiping it would you? Why the hell would you let an unknown 3rd party full access to it with tools you don't have and capabilities you unaware of WITHOUT keeping a close eye on them?
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Hold the phone
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Re: The Mafia has known this for decades
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Re: Re: Three Words...
For instance, he could say that it would be even better to download your torrents to a folder directly on a mini sd card with encryption, while making sure that file never touches the hard drive. He could then recommended that everyone use a linux operating system, and use a program called bleachbit to wipe all the cached files clean and free disk space. Make sure to also run it with root privileges, then run a program call photorec to make sure all the media files are off the hard drive so you don't wind up like that poor bastard who took his computer to get repaired. Also, if someone does come to your door looking for "downloaded movie torrents" tell them that you do not consent to a search when they ask to come in. If they say they have a warrant, then say "can we come in" again, they are probably lying because they would have just come in without asking again. Make sure to look at that warrant, police can lie to you. Don't be scared to ask for the warrant, you have rights, don't let them intimidate you.
See Animedude5555, I only helped movie pirates, :-)
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Re: Actually this is legal.
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Re: Re: Re: Re: Actually this is legal.
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Re: On the books vs In practice
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hey Geek Squad
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Works for me...
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They don't start stalking people and looking through their windows and trash who the feds don't know are criminals in hope they can find dirt on them and then turn them in for a reward.
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Re: Re: FBI in the Obama era
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Re: Re: Re: Re: FBI in the Obama era
When do we get to vote on issues like:
- 4th Amendment
- Privacy
- Intellectual Property
No candidate ever needs to take a stand on these issues because they're overshadowed by the rerun issues, or worse, "email!". As long as the people don't vote on these issues, the "machine of gov't, both D and R" will keep taking it in the direction it chooses.
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Works for me...
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Meh, I thought only a judge or jury could determine guilt after due process which includes providing valid and legal evidence. Thank God we have you to make that call.
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Re: Re: Re: Re: Re: Actually this is legal.
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Re: Re: Re: Re: Disturbing
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Re: Soon..
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Re: Re: Re: Re: How low will some go?
You snowflakes really need to come up with new cliches. Go get new talking points on MSNBC.
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Re: Geek Squad
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Re: Re: Re: Re: Re: Actually this is legal.
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Re: Re: Re: Did tech put it there?
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Re: hey Geek Squad
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Re: Hold the phone
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Re: Re: Three Words...
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Re: Re: Re: Re: Re: Re: Works for me...
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Re: Re: hey Geek Squad
This case is already dead in a court of law. Best Buy just lost millions of customers.
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Re: Re: Three Words...
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Re: Re: Re: STASI 2.0
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Re: Re: Re: Re: Re: Disturbing
Attempting but failing, to break into a house is illegal. It's called "attempted burglary".
Same thing with child porn.
Viewing child porn is illegal, as your computer has to download it from the web server to display it on your screen (even if you don't save it to the harddrive). And of course this downloading fits the crime "receiving child pornography".
If you try to get to a child porn website, but instead end up on an FBI sting-operation fake child porn site, you still attempted to do the above mentioned crime. Therefore the crime you will be charged with in this case is "attempted receiving child pornography".
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Re: Re: Actually this is legal.
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Re: In defense of minor attracted people
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Best Buy is Worst Buy
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Re: Re: In defense of minor attracted people
A pedophile is by definition, a person who is sexually attracted to an individual who is not sexually mature. Being a pedophile or not, has nothing to do with mental/emotional maturity, or what the law says is right or wrong. Being a pedophile is an unnatural sexual attraction to those who aren't sexually mature (able to reproduce).
And yes, pedophiles are sick filthy scum. And they deserve the full force of the law (even taking unconstitutional steps, such as the steps this article says the FBI has taken) to apprehend them. However, a pedophile is not a person who's attracted to a 13 or 14 year old individual, even if acting on that attraction is illegal under US law.
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So much for the Geek Squad
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Cyber security
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Time for FBI agents to get time
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Re: Re: On the books vs In practice
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Works for me...
Because you say so, huh?
Excuse me, but you're full of it.
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Re: Re: Re: Re: Re: Re: Re: Works for me...
IT people are not perverts who will look through your computer... perverted people will do that. I have no illusions that all my peers are good guys, because that would be law enforcement level delusional. You however, just said that all people in IT are perverts that will look through peoples files for laughs... from the guys who invented the microchip to the programmers that make the best tools you use every day. I really hope you get fired, because in my opinion: you and your techs do not belong in any position anywhere near IT and for the sake of my profession, that would be preferable.
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Re: Re: Re: Re: Re: Re: Re: Re: Works for me...
I'm calling bullshit on his post - no way a tone-deaf asshole like him has staff.
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Re: Re: Re: Re: Disturbing
"The FBI just allowed the site to keep running" - not just; it says they improved the site. Also, to clarify the point made several posts back, Playpen was hosting actual child porn.
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Re: Re: In defense of minor attracted people
Allow me to pop a jaunty little bonnet on your pseudo-sophistry, Mr. Pot Calling Kettle. I was getting raging boners and lusting after women way before my young, supple body was venting jizz. So where the hell does that fit into your closeted black and white world of unnatural preverts?
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Re: Re: Re: Re: Re: Re: Works for me...
Viruses and trojans get copied to various directories on the drive. There may be a bad sector that's causing the computer to crash, etc.
If you're worried about your privacy, don't take the computer in to get fixed. A little common sense goes a long way. Or better yet, don't look at kiddie porn and you have nothing to fear.
You sicko.
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Re: Re: Re: Re: Re: Re: Re: Re:
As far as "wanted poster", a court writ must be issued...aka "warrant" for arrest/search/ect. The FBI can not give Geek Squad or any other citizen Carte Blanche to search for evidence, what is commonly known as a "fishing expedition", it's a violation privacy law or the 4th Amendment. The FBI must have reasonable suspension a crime has been committed and then must apply for a warrant, not the other way around. We don't live in Minority Report, all citizens are granted the right to their 4th Amendment.
Geek Squard or anyone else being paid for their services eludes to employment as contract agents with the FBI.
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Re: Re: $500 dollars a pop
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Re: Computer search
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Re: Re: On the books vs In practice
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Re: Re: Re: Re: Re: Actually this is legal.
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Re: Re: "The Russians did it" stuff
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Re: Re: In defense of minor attracted people
As I stated previously, You had a good chance of dieing before 30 years old in the past. People had to reproduce early, the species literately depended on it, as you had a good chance of dieing before or just about the time your child was hitting puberty. Beta males taking care of girls around the age of puberty was a reproductive strategy that eventually allowed them to eventually reproduce, and the girls to survive without parents.
Unfortunately, as always, religious prudes are standing in the way of sound reason but try to get your head around the idea, it's a sound theory. It very well might have made the difference between the human race surviving, and not to acknowledge this possibility is just being unreasonable.
Throwing men in jail for having an interest in girls around the age of puberty is just predatory policing for money, just like with drugs. I would say the age of consent of 12, like in Mexico, is about right for a legal cut off. So, every one, stop being uptight prudes, know that everyone is different, and just because you don't like something doesn't mean that it's isn't or wasn't at some point a good thing. Men taking in young girls was natures answer to a social safety net.
I would like to thank Drudge report for linking to this article, and the mods at Techdirt for letting me speak freely on this controversial topic.
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Re: Re: Re:
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Works for me...
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Re: Re: Re: Re: Re: How low will some go?
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Re: Re: Re: Re: Re: Re: Re: Works for me...
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re:
Speak with your uncle dad about your delusions.
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Works for me...
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Best Buy Geek Squads
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Re: Re: Re: Re: Re: Re: Works for me...
Unallocated space is a portion of the HD that has not been partioned. There is NO access to this area for the average user.
A deleted file will not go to unallocated space. GS would have to use a deep probing program to access this space.
As the article mentions, "Worse for the FBI, a federal appellate court unequivocally declared in February 2011 (USA v. Andrew Flyer) that pictures found on unallocated space did not constitute knowing possession because it is impossible to determine when, why or who downloaded them."
If this person took their PC to Best Buy for repair, they obviously didn't have the technical knowledge of how to partition a drive.
This file could have come from a previous owner of the hd/pc who repartitioned the drive prior to sale.
The drive could have previously been "cloned" by a bit by bit copier. There are many ways as the court stated, that the unallocated space can contain a file.
By the way, I am totally against CP. I just don't think in this case, the FBI has clear evidence.
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- - - BOYCOTT BEST BUY & THEIR GEEKS - -
We can't trust corporations and US govt ruling over us.
Stop funding them, legally.
WHAT IS TAXED d ot c om
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Re: Re: Re: $500 dollars a pop
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Re: Re: Computer search
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Re: Re: Re: hey Geek Squad
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Re:
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Re: Re: Re: Re: Re: HIPAA
um, what turnip wagon did you just jump off of, hayseed ? ? ?
i mean you SERIOUSLY think that will stop them from doing so ? ? ? if so, you simply don't have a clue of how the world works...
AND you run some sort of clinic ? ? ? why is that not very comforting to me to realize a pollyanna is in charge of our med info....
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Re: Re: Re: Re: Works for me...
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Re: Re: Dangerous Territory...
i have a wide latitude for weird shit, but i was a guest in a house with paintings like that, and i would exchange surprised looks with my wife, and head for the door... that is some seriously weird shit for a non-serial killer to have hanging in their homes...
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Bestbuy plants spyware
To remove it, you are told to go to Geek Squad to have it removed for free...,!
Better not buy from Bestbuy.
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Re: Re: Re: Re: Works for me...
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Re: Re: Re: Re: Disturbing
So now they have to not only run it but create it for it to count?
I'm curious, why are you bothering to shift the goalposts on someone else's behalf? They claimed that the 'FBI doesn't run CP websites', I pointed out that that was demonstrably wrong. They didn't just 'discover' the site, they ran it for two weeks, improving the site's performance significantly during that time period, and they didn't 'wiretap' the server they had control of that too.
The FBI had full control over the site for at least two weeks, didn't shut it down immediately, but did make it run even faster and more 'efficiently' than before during that time. I'd say that's pretty clearly 'run[ing] a CP site'.
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Insufficient Paranoia
Dammit Tim, you had this! From the article you linked:
Where's your paranoia now?! Looks like it's time for a new hat.
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You guys are looking at this from the wrong angle.
There is absolutely NO 4th amendment violation here.
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Re: Re: Re: In defense of minor attracted people
And that is what makes a person a pedophile. They desire sex with individuals who have not yet reached sexual maturity. Anybody who acts on those sick and unnatural sexual urges deserves prison time.
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Re: Re: Re: Re: Re: Re: Re: Works for me...
It's called writing for your audience. It's something you learn in middle school or high school English class.
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Re: Works for me...
There are too many stories of techs or hackers finding and releasing private materials online (The Fappening), or using them for their own ends (News of the World.
Those two were phone hacks, but no what happened to Hong Kong actor Edison Chen, who brought in HIS laptop for repair without removing is many selfies of sex with several female co-stars. This led to the studio enforced one year hiatus of Gillian Chung and the divorce of another actress.
So, techie or not, if you have something that could get you in trouble of any kind, it is incumbent on you to figure out how to get rid of it.
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Re: Re: Re: Re: Re: Re: Re: Re: Works for me...
Where I wrote:
Though technically allocated space refers to a partition which doesn't have a FAT (or other similar structure that defines how data is to be found on that partition).
It should have said:
Though technically unallocated space refers to a partition which doesn't have a FAT (or other similar structure that defines how data is to be found on that partition).
That is, the word "allocated" in that sentence should have instead been "unallocated".
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Re: Re: Computer search
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Stuff like this is why I will never leave any computer unattended at any kind of service shop.
When I had a problem in the recent past (computer wouldn't boot, just beeped), I took it to a local computer shop. He tested the power supply while I watched, but said if I wanted him to do more in-depth testing, I'd have to leave it (and pay a fee). I asked about leaving it without the drives, but they said they needed them to diagnose the problem (not actually true for a hardware problem, any boot drive should suffice). I declined.
There's no way I'm going to let a stranger look through my private files. Who knows what they might take exception to.
In the end, I ordered an identical motherboard off eBay, however after cleaning all the parts in preparation for moving them to the new board, I hooked everything back up and it booted. It's been working ever since.
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Tinker, Tailor, Soldier; Spies, All.
Sorry. I got as far as the revelation that the FBI is America's largest employer, and then shit myself....
Gotta go now.
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Spies All!
Hmmmmm.... I wonder what the total yearly Tax-Payer's bill is for FBI, CIA, NSA, ETC. paid secret, private-employee informants and their infrastructure, and if there is a maximum number of such secret employees allowed per Agency...
That a Federal US Agency lied, cheated and blatantly misused the powers vested in it by the Law is naturally no surprise, and is in fact rather expected today.
However, that one might enter a department store where all but the manager moonshine on the tax-payer's ticket for different federal agencies, is, well, about as creepy a thought as one can think, so I'll make it my Unthinkable Think for the Day. :)
Thanx again Amerika!
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Re: Re: Re: Computer search
Just in case this is not a Poe...
From 'A Man for All Seasons', Act 1
Roper: So now you'd give the Devil benefit of law!
More: Yes. What would you do? Cut a great road through the law to get after the Devil?
Roper: I'd cut down every law in England to do that!
More: Oh? And when the last law was down, and the Devil turned round on you — where would you hide, Roper, the laws all being flat? This country's planted thick with laws from coast to coast — man's laws, not God's — and if you cut them down — and you're just the man to do it — d'you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake.
When you start stripping legal and/or constitutional protections from people because you don't like them, or they are accused of committing terrible crimes, you undermine your own protections under the law at the same time.
If you want the law to protect the best, then it must protect the worst, or those protections become based upon nothing more than the whim of the judge and/or prosecutor. If a case 'fails', or is dropped because those protections were violated blame the ones who violated them for screwing up and letting the 'guilty' free, not the protections from working as intended.
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Re: Re: Re: Re: Re: Re: Disturbing
I'm confused, what exactly that I have said are you objecting to?
I never said that the FBI created the site, I was pointing out that the original claim didn't specify that it did, and as such the claim 'FBI doesn't run CP websites' wasn't true.
As far as I know though, they didn't actually harm and exploit children by uploading additional pictures to the site.
The FBI/government's own arguments would say otherwise.
From the filing by the defense in one of the cases:
'This behavior is all the more shocking because the federal government itself – in sentencing memoranda, online mission statements, reports to congress, press releases, and arguments before this very Court and many others – has repeatedly emphasized that victims of child pornography are revictimized each and every time their images are viewed online.'
By drastically improving the site they made it so that many more pictures and videos were shared/downloaded, so by their own previous arguments they caused significant harm to the victims, even if they didn't personally upload a single file.
They simply made the site itself run more efficiently, so that more pedos could gain easy access to it, and that means the FBI could catch more pedos.
Beyond the 'ends justify the means' problem, there's also the issue that while they could have possibly 'caught more pedos' it doesn't seem that their keeping the site up for two weeks and improving it resulted in that happening.
From later in the same filing:
'Moreover, as noted above, the government has charged less than 1% of Playpen members, the same percentage of users it already had IP addresses for on the day it seized the site. It cannot be that the government may distribute child pornography to a thousand users for each user it catches, particularly when it already has the necessary information to identify the same number of users before it had distributes a single image.'
They could have shut down the site for 'maintenance' on day one and the result would have been the same as far as how many people were charged.
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Re:
He was talking about opening your private life, and making it transpararent.
I thought EVERYBODY knew that....
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"...can be released if ordered by a court" - In other words, albeit cleverly switched around, a COURT ORDER.
I think it's yourself who's reading comprehension is seriously deficient.
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Re: Re: On the books vs In practice
I wish I could find online examples of what I'm talking about. In the same volume, covering the same subjects, I've read court case results that directly contradict not only each other but also the law they were predicated upon.
I guess that's the reason for the Court of Appeals but even so, if a lawyer determines that a particular case law result favors his/her client, that's what they're going to run with. And if the judge decides that it's valid, guess it sticks.
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Re: Chain of Custody?
I know when I turn my vehicle over for repair I implicitly trust the shop to not plant drugs in my car for the police to find later.
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You Guys Are Stupid!
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Re: You guys are looking at this from the wrong angle.
> contract or hire by the FBI. Therefore, Geek Squad
> members have ZERO obligation to protect your 4th
> amendment rights.
I think the argument is something like:
1. These people have been asked to do this by the FBI.
2. When these people do this, they get paid by the FBI.
3. Because of the combination of points 1 and 2, these people are acting on behalf of the FBI when they do this.
4. In acting on behalf of the FBI, these people qualify as government actors.
5. Government actors are bound by the constraints of the Fourth Amendment.
The differentiating factor in point 1 is the fact that (apparently) the FBI sought these people out in order to notify them of the existence of the reward and make them aware that reporting what they find could get them money. Although random members of the public could also report such things and receive the same reward, most members of the public have not been targeted to be informed of the existence of the reward.
Omit either point 1 or point 2 and you might invalidate point 3 and/or 4, either of which would make point 5 irrelevant.
I read your argument as being that point 1 is invalid, because the reward is good no matter who reports the material. The counter to that argument is the argument I presented above about the FBI having gone out of their way to specifically target messaging about the award to these people. The linked article quotes someone as saying that "FBI and Best Buy made sure that during the period from 2007 to the present, there was always at least one supervisor who was an active informant."; that sounds like more active involvement than simply putting up a wanted poster.
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Re: You guys are looking at this from the wrong angle.
Wrong. One of the legal determinations the courts use to figure out whether someone is an "agent" or "actor" for the government is whether a reward is offered.
>In determining whether a private party acted as an "instrument or agent" of the government, we consider several factors, including whether the government knew of and acquiesced in the intrusive conduct; whether the private party's purpose in conducting the search was to assist law enforcement; **and whether the government requested the action or offered the private actor a reward.**
[United States v. Crowley, 285 F.3d 553 (7th Cir. 2002)](https://casetext.com/case/us-v-crowley-7) Emphasis mine.
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Re: Re: You guys are looking at this from the wrong angle.
At least you should have the comment preview actually preview with markdown if we are forced to use it now.
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Re: Re: Re: You guys are looking at this from the wrong angle.
Nevermind. I just have to remember to check the "use markdown" button every time.
Change sucks. Now get off my lawn.
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Shifting the blame
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Re: Re: Re: Re: Re: Re: Re: Re: Works for me...
So the court findings that it was unallocated were writing to the audience too? Why else would the previous court findings be mentioned?
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Re. Shifting the blame
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Re: Re: Re: Re: Re: Works for me...
Knowing how to use a command prompt can be useful at times, especially in Linux (but someone using Linux doesn't need your help), but in this day and age it's not nearly as necessary as it used to be. I could code if I had to (I've taught myself to code as a child, though I haven't done it in years, I used to be able to code in C/C++, basic/VB, HTML, a little bit of assembly. I used to be able to query databases with Oracle which isn't really coding) and I've never used it to fix a computer. Back in the days the closest thing I needed to coding to fixing a computer was changing a bat file or a sys file (autoexec.bat or config.sys) and those days are long gone.
There are some things that you should know such as how to check the manufacturer and digital signature of a suspicious file. System files should be properly digitally signed or they might be infected.
But then again these days you should really have all your data files backed up and if something is that badly wrong with your system you simply reinstall.
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I am a Geek Squad Agent.
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Re: $500 dollars a pop
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Re: Re: You guys are looking at this from the wrong angle.
You're just mad because you probably are a pedo, who's in need of a computer repair, and the one computer repair group that you thought you could trust to not look through your files (Geek Squad) you have now just discovered that it actually DOES look through your files.
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Re: Shifting the blame
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Re: I am a Geek Squad Agent.
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Re: Re: Bust or blackmail the customer at best buy.
Yes, a GS employee could do something bad like that, but I usually trust most people.
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Re: Re: You guys are looking at this from the wrong angle.
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Expendable Federal Government resources. Citizen Spies.
It does not matter that what you reported was child porn.
The simple fact that you get paid by the Feds to examine the image files and anything else you feel like examining on customers' computers is all that the public needs to know about you.
There is absolutely no way you're ever gonna run a successful damage control op on this one. Geek Squad Employees are now known to be duly designated federal agent employees who get paid on the side, to find criminal evidence on customer computers.
That is now a known fact.
While I notice all the posts claiming to be Geek Squadders dwell solely on the notion that ONLY Child Porn is ever found and reported, I also assume this is due to the fact that the Feds only admitted to paying for kiddie porn tips.
Nobody will be surprised to later learn that searches for drug dialogues, terrorist articles or communications, or evidence of any of the other myriad forms of crime the FBI deals with, are also being searched for by these Geek Squadders, and no doubt numerous other tech company employees seeking a secret second income.
Simply put, it is now common knowledge that using the Geek Squad for computer repairs is essentially the same as sending your computer to the FBI, and if this impacts the Geek Squad's income, they have nobody to blame but themselves for their gullibility in trusting the Federal Government, who outed them publicly.
This situation should go far towards showing future would be secret federal assistants such as the Geek Squad, just how shit rolls downhill when working with federal agencies. You're all expendable resources, to be tossed into the fire as soon as the Fed feels cornered.
There is a lesson here. Hopefully honest companies will now realize the stupidity of trusting the Fed for anything and pass this awareness along to their employees.
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Works for me...
Sorry, but you're stretching way too much to try to salvage your claim.
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Re: Time for FBI agents to get time
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Re: Re: Re: So that's why.....
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Re: Re: Soon..
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Re: Re: Re: Re: Re: Re: How low will some go?
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Geek Squad
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Works for me...
Always proof of Malware on any computer! Somewhere, somehow,it is there. That's just logic? Get into your system files on your own. Just look around in there. You may not understand everything you're looking at because of so many abbreviations, but you'll find lots of old files you know you deleted. Parts still remain?
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Re: Re: Re: Re: Re: FBI in the Obama era
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Re: Re: Re: $500 dollars a pop
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Re: Re: Computer search
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Re: Re: Re: In defense of minor attracted people
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Re: Re: Re: Re: Actually this is legal.
http://www.insidetucsonbusiness.com/opinion/columnists/roger_yohem/it-s-ok-to-lie-honest- the-u-s-supreme/article_8b8bd708-0827-11e2-bf2e-001a4bcf887a.html
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Do you want to protect your private data? Here is a Bark app with a full control!
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