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Regarding Marcus Hutchins aka MalwareTech

doublepulsar.com

51–60 of 143 posts

Re: Regarding Marcus Hutchins aka MalwareTech

#52
post #24

Guilty or not, this seems more like a kidnapping than an arrest. Can they really ignore all rights as they see fit?

If you are not a US citizen you have fewer rights if you are arrested in the US. Even fewer if it's via extraordinary rendition.

Yeah. You don't have the right to vote in our elections for example.

Non-US citizens arrested in the US will potentially face deportation and permanent expulsion if the crimes are serious enough, like rape or murder. Other than that the police will likely treat you just the same as any American, which is not necessarily great but at least it's equitable.

Now the federal law enforcement departments are more brutal in their techniques. They're usually only involved in serious crimes though.

And extraordinary renditions are illegal kidnappings so I don't think there's any expectation of rights afforded or decency shown in that sort of situation. You're gonna get tortured in Egypt/etc. whether you're an American or not.

Re: Regarding Marcus Hutchins aka MalwareTech

#53
post #42

Earlier quoted context omitted.

I guess he has a different opinion on "They might as well execute him." But it's nevertheless interesting how easy people are with other peoples lives. And yes if you go to a different country, be aware of their laws. "The punishments are way out of proportion to the crimes." Don't go to the US. http://kottke.org/13/06/you-commit-three-felonies-a-day Also Dr. Ferris.

> Don't go to the US. Yup, or rather, try to stay within your own jurisdiction. Right now, SHA2017 [1] is going on in The Netherlands. There's also the CCC, Chaos Computer Congress in Germany. Besides that, there's also a Camp called CCC every other few years. Someone from the UK could've stayed in the EU, but didn't. [1] https://sha2017.org

> Someone from the UK could've stayed in the EU, but didn't.

Pretty soon that won't matter either way.

Re: Regarding Marcus Hutchins aka MalwareTech

#54
post #26

Earlier quoted context omitted.

And he is a non-US citizen, being detained by the US, what rights does he actually have?

the idea is the US is ruled by laws. when you're in US territory, you are subject to those laws. not being a citizen doesn't mean you have no rights. then again this is the same government who says the Constitution doesn't apply 100 miles in from the border (where a significant percentage of the populace lives...)

[deleted]

Re: Regarding Marcus Hutchins aka MalwareTech

#55
post #37
post #24

Guilty or not, this seems more like a kidnapping than an arrest. Can they really ignore all rights as they see fit?

Please outline the rights that were denied to him. The article that we are commenting about seems to have a completely deluded sense of what his rights are, but maybe we can start the discussion around his specific rights. Contra the original article, a 23 year-old does not have a fundamental right to talk to mommy and daddy once arrested. Law enforcement is under no obligation to arrest you as you arrive in country…

I agree with a lot of your points but I still believe he had his rights violated.

He was denied access to a lawyer for 48 hours.

He doesn't even know who his codefendant is. How can anyone mount a proper defense (the strongest form of which would be "I don't know this person and I've never communicated with him") without that information?

How can one properly exercise one's habeas corpus rights (that is, challenging the detention) without either of those things?

Re: Regarding Marcus Hutchins aka MalwareTech

#56
The tech community's reaction to this is frankly laughable and embarrassing. The man has been accused of a crime. A grand jury has seen enough evidence to indict him. This is the United States of America, where as someone accused of a crime he will have more rights than he would in just about any other jurisdiction in the world.[1]

Yet so many in this forum and elsewhere are spreading ridiculous conspiracy theories and accusing law enforcement of malfeasance, without any evidence whatsoever.

[1] For example, the unqualified rights to remain silent and to a jury trial in which illegally gathered evidence is excluded, neither of which he would have in the UK.

Re: Regarding Marcus Hutchins aka MalwareTech

#57
post #41

Wonder if anything similar could have happened to the author of cURL had he not been denied boarding on a US flight - https://news.ycombinator.com/item?id=14643467

Probably not? Daniel Stenberg is a network protocols geek and software author, not a security researcher.

Yes, but his software has wide applications including being used in DDOS attacks, downloading copyrighted content and so on.

I find it hard to get my head wrapped around the argument that gun manufacturers are somehow exempt from being at least at some level involved in the crimes perpetrated with the stuff they make but that for software we're going to have a completely different standard where simply making something and selling it rather than using it is the bar to clear.

Especially since so much software is 'dual use'.

Re: Regarding Marcus Hutchins aka MalwareTech

#58
post #50

Call me very sceptical. Where did he all has the money from, which he spent in Vegas? It looks very suspicious to me. http://www.dailymail.co.uk/news/article-4762608/Marcus-Hutch... * Rented a Lamborghini, and wanted to rent a helicopter flight to the Grand Canyon. * Stayed at a £1,950-a-night mansion rented with seven friends with Vegas' largest private pool. Who paid for this? * Didn't attend the 2 conferences ther…

The Daily Mail is so shit that most wouldn’t even use it as toilet paper.

Re: Regarding Marcus Hutchins aka MalwareTech

#59
post #34

Earlier quoted context omitted.

I think this is so because they are based on the archaic principle of guilt and redemption, and not an ethical system that considers the well-being of everybody involved.

Right, if only America were as "ethical" as other countries like the one that gives a person who murders 80 children a little 3-room apartment with a Playstation 2, personal PC, kitchen, exercise area, etc. where they can write their memoirs

That might sound unfair, but that doesn't make it necessarily wrong. There are also things that are intuitive, but wrong. We can reason and overrule our intuition.

Re: Regarding Marcus Hutchins aka MalwareTech

#60
post #55
post #37

Earlier quoted context omitted.

Please outline the rights that were denied to him. The article that we are commenting about seems to have a completely deluded sense of what his rights are, but maybe we can start the discussion around his specific rights. Contra the original article, a 23 year-old does not have a fundamental right to talk to mommy and daddy once arrested. Law enforcement is under no obligation to arrest you as you arrive in country…

I agree with a lot of your points but I still believe he had his rights violated. He was denied access to a lawyer for 48 hours. He doesn't even know who his codefendant is . How can anyone mount a proper defense (the strongest form of which would be "I don't know this person and I've never communicated with him") without that information? How can one properly exercise one's habeas corpus rights (that is, challenging…

There's a difference between being "denied access" to a lawyer, and a fool not requesting one.
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