“13 alleged hackers indicted in attacks on sites unkind to file sharing, WikiLeaks”

October 3, 2013

The Washington Post on October 3, 2013 released the following:

By Matt Zapotosky

“Federal prosecutors have charged 13 alleged members of the hacking group Anonymous in connection with cyberattacks that the collective launched in 2010 against ­anti-piracy groups and financial institutions unwilling to process donations to WikiLeaks.

The indictment returned Thursday in U.S. District Court in Alexandria charges the 13 men with conspiring to intentionally cause damage to protected computers. Prosecutors accused the men of participating in a series of cyberattacks that briefly disrupted Mastercard’s and Visa’s Web sites and also targeted the Web sites of anti-piracy groups across the world.

Detailed in 28 pages, the charges are the latest in the Justice Department’s effort to root out cybercrime by prosecuting hackers across the country — especially those affiliated with Anonymous. Last year, federal prosecutors charged five alleged Anonymous members who they say stole confidential information from U.S. companies and temporarily shut down government Web sites. This year, prosecutors charged a journalist who they say worked with the group to modify a story on the Los Angeles Times’ Web site.

Anonymous is a loosely knit group with no clear leaders that is generally interested in promoting a more freewheeling Internet. Those indicted Thursday range in age from 21 to 65 and are spread across the country, including one man from the D.C. area.

The allegations in this case stem from a series of cyberattacks that began in September 2010, when members of Anonymous decided to retaliate for the shuttering of Pirate Bay, a popular Sweden-based file-sharing site, according to the indictment. Dubbed “Operation Payback” by those who participated in it, the attacks drew national and international attention as the hackers briefly disrupted the Web sites for Mastercard and Visa because they had stopped processing payments to WikiLeaks.

The effort was not overly sophisticated, but it was effective. The group posted messages on online bulletin boards urging supporters to install a program called a Low Orbit Ion Cannon and then, at a specified time, unleash the program on a particular Web site’s IP address, according to the indictment. That sends an overwhelming amount of Internet traffic to the targeted site and possibly disrupts or shuts it down, according to the indictment. The technique is referred to as a Distributed Denial of Service, or DDoS, attack.

For months, according to the indictment, the hackers, who see some copyright laws as unjust, targeted the Web sites of companies and people they thought were opposed to file sharing. They attacked the sites of those that have been the faces of anti-piracy in the United States — the Recording Industry Association of America and the Motion Picture Association of America — and the sites of their equivalents worldwide. They attacked the sites of law firms helping in anti-piracy cases. They attacked the site of the U.S. Copyright Office. They even attacked the site of rocker Gene Simmons, who has spoken out against music piracy.

Gregg Housh, an Internet activist and former Anonymous member who still watches the group’s activity, said the attacks started as a protest of anti-piracy efforts but evolved as those involved learned of major companies’ refusal to process WikiLeaks donations. He said the recent indictment was unlikely to deter Anonymous hackers, but instead would “fire up the base, a lot.”

“I think it’s just going to turn into a rally of support, not people being scared,” Housh said, “and that’s exactly what they don’t want.”

Housh defended Operation Payback — of which he said he had no part — as an effort to re-create a traditional protest online. He noted that customers’ abilities to use their credit cards were not affected; only the credit card companies’ Web sites were shut down.

“Something has to be done to come up with a way to protest online that everyone doesn’t end up getting thrown in jail,” he said.

Prosecutors identified those charged as Dennis Owen Collins, 52, of Toledo; Jeremy Leroy Heller, 23, of Takoma Park; Zhiwei Chen, 21, of Atlanta; Joshua S. Phy, 27, of Gloucester, N.J.; Ryan Russell Gubele, 27, of Seattle; Robert Audubon Whitfield, 27, of Georgetown, Tex.; Anthony Tadros, 22, of Storrs Mansfield, Conn.; Geoffrey Kenneth Commander, 65, of Hancock, N.H.; Phillip Garrett Simpson, 28, of Tucson; Austen L. Stamm, 26, of Beloit, Kan.; Timothy Robert McClain, 26, of Clemson, S.C.; Wade Carl Williams, 27, of Missoula, Mont.; and Thomas J. Bell, 28, of Rockland, Mass.”

US v Collins Case No 1-13-cr-00383-LO

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Edward Snowden Charged by a Federal Criminal Complaint With Espionage Over NSA Leaks

June 22, 2013

CNN on June 21, 2013 released the following:

“U.S. charges Snowden with espionage

By Chelsea J. Carter and Carol Cratty, CNN

Washington (CNN) — Federal prosecutors have charged Edward Snowden, the man who admitted leaking top-secret details about U.S. surveillance programs, with espionage and theft of government property, according to a criminal complaint unsealed in U.S. District Court in Virginia on Friday.

The United States has asked Hong Kong, where Snowden is believed to be in hiding, to detain the former National Security Agency contract analyst on a provisional arrest warrant, The Washington Post reported, citing unnamed U.S. officials.

Hong Kong police did not confirm whether they received an arrest request, but Commissioner Andy Tsang said Saturday if they did, authorities would process it in accordance with law.

The complaint charges Snowden with theft of government property, unauthorized communication of national defense information and willful communication of classified intelligence to an unauthorized person. The latter two allegations amount to espionage under the federal Espionage Act.

Snowden, 30, has admitted in interviews he was the source behind the leak of classified documents about the NSA’s surveillance programs. Those leaks were the basis of reports in Britain’s Guardian newspaper and The Washington Post this month. The Guardian revealed Snowden’s identify at his request.

The documents revealed the existence of top-secret surveillance programs that collect records of domestic telephone calls in the United States and monitor the Internet activity of overseas residents.

The revelation rocked the Obama administration and U.S. intelligence community, raising questions about secret operations of the NSA and whether the agency was infringing on American civil liberties.

Obama, top legislators and national security officials defend the surveillance programs as necessary to combat terrorism and argue that some privacy must be sacrificed in a balanced approach.

They say the law allows collection of metadata, such as the time and numbers of phone calls, and that a special federal court must approve accessing the content — listening to the call itself.

Snowden is believed to be in hiding in Hong Kong, where he said in interviews earlier this month he fled with the classified documents after taking a leave of absence from his job as an intelligence analyst for NSA contractor Booz Allen Hamiliton. The company has since fired him.

A series of blog posts this week purportedly by Snowden said he leaked classified details about U.S. surveillance programs because President Barack Obama worsened “abusive” practices, instead of curtailing them as he promised as a candidate.

However, Obama “closed the door on investigating systemic violations of law, deepened and expanded several abusive programs, and refused to spend the political capital to end the kind of human rights violations like we see in Guantanamo, where men still sit without charge,” a blog post said. The Guardian newspaper and website identified the author as Snowden.

Snowden said that he had to get out of the United States before the leaks were published by the Guardian and The Washington Post to avoid being targeted by the government.

In the interview with the South China Morning Post, he said he plans to stay in Hong Kong to fight any attempt to force him to return to the United States because he has “faith in Hong Kong’s rule of law.”

The complaint against him was filed under seal on June 14 in U.S. District Court in Alexandria, Virginia, but it was unclear from the document whether the United States has asked or will be asking Hong Kong to detain Snowden.

There have been “some preliminary” discussions with Hong Kong authorities, a U.S. official with knowledge of the process told CNN.

The U.S. signed an extradition treaty with Hong Kong in 1996, just seven months before the then British colony was handed back to Beijing. Hong Kong’s extradition laws had previously been governed by the United States-United Kingdom extradition treaty.

This new treaty established an agreement under Hong Kong’s “one country, two systems” that allows Hong Kong autonomy from Beijing in all matters apart from defense and foreign policy.”

As International Criminal Lawyer Douglas McNabb predicted, the U.S. has charged Mr. Snowden in a Federal Criminal Complaint. He was charged on June 14, 2013 with the following federal crimes:

  • 18 USC 641 – Theft of Government Property
  • 18 USC 793(d) – Unauthorized Communication of National Defense Information
  • 18 USC 798(a)(3) – Willful Communication of Classified Communications Intelligence Information to an Unauthorized Person

A copy of the Snowden Federal Criminal Complaint may be found here.

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Ex-CIA man likely to plead guilty in leak case

October 23, 2012

The Associated Press on October 22, 2012 released the following:

“By MATTHEW BARAKAT
Associated Press

WASHINGTON (AP) — A former CIA officer accused of leaking the names of covert operatives to journalists is expected to enter a guilty plea as part of a plea deal.

A change of plea hearing was scheduled for Tuesday in U.S. District Court in Alexandria, Va., for John Kiriakou. He initially pleaded not guilty to the charges that he disclosed the names of two covert CIA operatives.

The apparent change comes shortly after Kiriakou lost a key pre-trial ruling that established a lower legal burden for prosecutors to prove their case. Kiriakou’s lawyers had argued unsuccessfully that prosecutors should have to prove that Kirkiakou intended to harm the United States through his alleged leaks. Such a strict legal standard had been imposed recently on a leaks prosecution against two pro-Israel lobbyists.

But U.S. District Judge Leonie Brinkema ruled last week that such a high standard should not apply to Kiriakou, a government employee with top-secret security clearances who knew well the dangers of disclosing classified information.

Instead, prosecutors would only have to show that Kiriakou had “reason to believe” that the information could be used to injure the U.S.

Court records do not make clear exactly what charges Kiriakou would plead to. When he was indicted in April, he was charged with one count of disclosing classified information identifying a covert agent, three counts of illegally disclosing national defense information and one count of making false statements. He faced up to 45 years in prison if convicted on all counts in the indictment.

Kiriakou, who wrote a book detailing his CIA career, had tried to argue after the charges were filed that he was a victim of vindictive prosecution by government officials who believed he portrayed the CIA negatively, but the judge rejected those arguments as well.

Peter Carr, a spokesman for U.S. Attorney for the Eastern District of Virginia Neil MacBride, whose office is prosecuting the case, declined comment Monday. Kiriakou’s attorney, Robert Trout, also declined comment.

Kiriakou was a CIA veteran who played a role in the agency’s capture of al-Qaida terrorist Abu Zubaydah in Pakistan in 2002. Abu Zubaydah was waterboarded by government interrogators and eventually revealed information that led to the arrest of “dirty bomb” plotter Jose Padilla and exposed Khalid Sheikh Mohamed as the mastermind of the Sept. 11, 2001 terror attacks.

Accounts conflict, though, over whether the waterboarding was helpful in gleaning intelligence from Zubaydah. Kiriakou, who did not participate in the waterboarding, expressed ambivalence in news media interviews about use of the tactic.

Court papers indicate that the investigation of Kiriakou began in 2009 when authorities became alarmed after discovering that detainees at Guantanamo Bay possessed photographs of CIA and FBI personnel. The investigation eventually led back to the alleged leaks by Kiriakou, according to a government affidavit.

The papers indicate prosecutors believe Kiriakou leaked the name of one covert operative to a journalist, who subsequently disclosed the name to an investigator working for the lawyer of a Guantanamo detainee.

Kiriakou had planned to subpoena three journalists connected to the case. Those journalists had filed motions to quash the subpoenas, but that issue will now be rendered moot by the apparent plea deal.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


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