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I think you might not have read the report. MIT did not demand subpoenas even after they discovered Aaron's identity; they were eventually served a subpoena bu
by betterunix 13y ago
I think you might not have read the report. MIT did not demand subpoenas even after they discovered Aaron's identity; they were eventually served a subpoena but that does not appear to have been required for their cooperation. Aaron was arrested on January 6th; from the report:
"On January 24, 2011, the Secret Service Agent asked IS&T for a copy of the packet data
capture and the video surveillance file. IS&T duplicated the hard drive it had used to
capture the packet stream (see section I.B), and the special agent picked up the copy at
MIT on January 26."
"There were few communications between the prosecution and MIT after the indictment, except
for occasional emails from the government seeking bits and pieces of information
relevant to the government’s case."
(This second bit was done supposedly under the belief that the information was covered by two previous subpoenas. Nobody seems to have been bothered enough to check.)
"For example, when the
government’s investigation had begun, in January 2011, OGC made the decision that the
lead prosecutor, the Secret Service Agent, and the Cambridge Police detective could
directly telephone and email previously interviewed IS&T employees without first going
through an MIT attorney for follow-up questions, provided no new topics were covered"
"However, MIT did not, reciprocally, voluntarily provide to the
defense the same documents that it provided to the government. Similarly, MIT did not
produce to the defense, even though requested by subpoena, documents that the defense
sought from MIT but that MIT had already provided to the government."
"Initially, OGC approved the production of information to law
enforcement, without a subpoena, as part of a continuing investigation of an ongoing
intrusion into MIT’s network as well as of a possible crime being committed on the MIT
campus. IS&T continued to provide information to the investigators, pursuant to this
initial approval, until OGC was eventually served with a subpoena on January 27, 2011."
In other words, we can summarize MIT's conduct as follows: they gave the government whatever the government wanted, and eventually the government served a subpoena that changed almost nothing (at one point, MIT did ask for another subpoena to be served; this is a minor detail, as they were clearly far more cooperative with the prosecution than they were ever required to be).