4 ms·

Two questions: 1. if someone installed Qakbot willingly, does the warrant apply (the warrant has what looks to me like specific language limiting it to unaware

by dcow 3y ago

Two questions: 1. if someone installed Qakbot willingly, does the warrant apply (the warrant has what looks to me like specific language limiting it to unaware victim’s machines)? 2. if the FBI’s justice.exe damaged data on a victim machine because of an unexpected configuration, are they liable for damages?

ipaddr 3y ago
If they breakdown your door by mistake who pays the repair damages? You do.
- dcow 3y ago
  Do you have a citation for that? AFAIU breaking down the door is only allowed with a knock-less warrant, in which case it’s not a mistake. > An aggrieved citizen might also have a claim for civil liability against the officer or the law enforcement agency for certain unreasonable actions taken in the search. The basis for such claims could include invasion of privacy, trespass, or property damage.
  - masfuerte 3y ago
    A web search turns up loads of cases where the police bashed in the wrong door simply because they are morons. Here's one that was expensive for them (for the city anyway): https://www.boston.com/news/local-news/2021/01/13/brighton-family-settlement-mistaken-no-knock-warrant/ https://www.boston.com/news/local-news/2021/01/13/brighton-f...
    - fnord77 3y ago
      that came out of taxpayer's / insurance budget that did not come out of the police budget
  - m4jor 3y ago
    Source: history of law enforcement being stupid - https://ij.org/press-release/after-a-swat-team-destroyed-a-texas-home-it-refused-to-pay-for-the-damage-now-the-homeowner-is-fighting-back/ https://ij.org/press-release/after-a-swat-team-destroyed-a-t... - https://www.kiro7.com/news/trending-now/court-rules-homeowner-owed-nothing-after-swat-team-destroys-his-house/1003656331/ https://www.kiro7.com/news/trending-now/court-rules-homeowne... - https://reason.com/2023/07/27/a-swat-team-destroyed-an-innocent-mans-shop-then-the-city-left-him-with-the-bill/ https://reason.com/2023/07/27/a-swat-team-destroyed-an-innoc... - etc etc etc thousands of times
1970-01-01 3y ago
1. Yes. 2. No, but if they completely botched the module, possibly yes. See 17: 17. The FBI Supernode Module and the Qakbot Uninstaller do not collect content from the infected computers, nor do they alter the functionality of the infected computers’ operating systems, files, or software, except as expressly provided in this affidavit. Legally, hacking-back is a fairly new concept, and I'm not aware of the FBI openly doing it at a 'supernode' scale. https://en.wikipedia.org/wiki/Hacking_back https://en.wikipedia.org/wiki/Hacking_back

by dcow 3y ago

ipaddr 3y ago

If they breakdown your door by mistake who pays the repair damages? You do.

dcow 3y ago
Do you have a citation for that? AFAIU breaking down the door is only allowed with a knock-less warrant, in which case it’s not a mistake. > An aggrieved citizen might also have a claim for civil liability against the officer or the law enforcement agency for certain unreasonable actions taken in the search. The basis for such claims could include invasion of privacy, trespass, or property damage.
- masfuerte 3y ago
  A web search turns up loads of cases where the police bashed in the wrong door simply because they are morons. Here's one that was expensive for them (for the city anyway): https://www.boston.com/news/local-news/2021/01/13/brighton-family-settlement-mistaken-no-knock-warrant/ https://www.boston.com/news/local-news/2021/01/13/brighton-f...
  - fnord77 3y ago
    that came out of taxpayer's / insurance budget that did not come out of the police budget
- m4jor 3y ago
  Source: history of law enforcement being stupid - https://ij.org/press-release/after-a-swat-team-destroyed-a-texas-home-it-refused-to-pay-for-the-damage-now-the-homeowner-is-fighting-back/ https://ij.org/press-release/after-a-swat-team-destroyed-a-t... - https://www.kiro7.com/news/trending-now/court-rules-homeowner-owed-nothing-after-swat-team-destroys-his-house/1003656331/ https://www.kiro7.com/news/trending-now/court-rules-homeowne... - https://reason.com/2023/07/27/a-swat-team-destroyed-an-innocent-mans-shop-then-the-city-left-him-with-the-bill/ https://reason.com/2023/07/27/a-swat-team-destroyed-an-innoc... - etc etc etc thousands of times

1970-01-01 3y ago

1. Yes. 2. No, but if they completely botched the module, possibly yes. See 17: 17. The FBI Supernode Module and the Qakbot Uninstaller do not collect content from the infected computers, nor do they alter the functionality of the infected computers’ operating systems, files, or software, except as expressly provided in this affidavit. Legally, hacking-back is a fairly new concept, and I'm not aware of the FBI openly doing it at a 'supernode' scale. https://en.wikipedia.org/wiki/Hacking_back https://en.wikipedia.org/wiki/Hacking_back