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There's no indication than any of the substantive evidence (i.e. the evidence that tends to indicate Ulbricht is guilty) was manufactured. There is a strong arg

There's no indication than any of the substantive evidence (i.e. the evidence that tends to indicate Ulbricht is guilty) was manufactured. There is a strong argument to be made that the government's testimony as to how it came to obtain that evidence is fraudulent or at the very least incomplete* (which is not relevant to guilt, but would have been relevant to a suppression motion under the fourth amendment except the defense inexplicably procedurally defaulted on that question+.) * See http://blog.erratasec.com/2014/10/reading-silk-road-configuration.html http://blog.erratasec.com/2014/10/reading-silk-road-configur... and http://krebsonsecurity.com/2014/10/silk-road-lawyers-poke-holes-in-fbis-story/ http://krebsonsecurity.com/2014/10/silk-road-lawyers-poke-ho... + http://ia700603.us.archive.org/21/items/gov.uscourts.nysd.422824/gov.uscourts.nysd.422824.89.0.pdf http://ia700603.us.archive.org/21/items/gov.uscourts.nysd.42... (starting on page 6)

tptacek 12y ago
The issue here is that the FBI discovered the SR server in Iceland and didn't credibly reveal how they did it, and the rest of the evidence is traceable back to the server imaging that Iceland did. Against that is the assertion that they had Ulbricht's name prior to the server seizure, and that virtually all of the most important evidence in the case came from the laptop, which was searched with a warrant and incident to his lawful arrest. There's also the notion of inevitable discovery to contend with.
- bradleyjg 12y ago
  Sure, Ulbricht's suppression motion was hardly a slam dunk even if it hadn't been de facto defaulted, but it was certainly worth a shot.
- dmix 12y ago
  A IRS special agent apparently found Ross "first" using Google: http://arstechnica.com/tech-policy/2015/01/the-incredibly-simple-story-of-how-the-govt-googled-ross-ulbricht/ http://arstechnica.com/tech-policy/2015/01/the-incredibly-si...

tptacek 12y ago

The issue here is that the FBI discovered the SR server in Iceland and didn't credibly reveal how they did it, and the rest of the evidence is traceable back to the server imaging that Iceland did. Against that is the assertion that they had Ulbricht's name prior to the server seizure, and that virtually all of the most important evidence in the case came from the laptop, which was searched with a warrant and incident to his lawful arrest. There's also the notion of inevitable discovery to contend with.

bradleyjg 12y ago
Sure, Ulbricht's suppression motion was hardly a slam dunk even if it hadn't been de facto defaulted, but it was certainly worth a shot.
dmix 12y ago
A IRS special agent apparently found Ross "first" using Google: http://arstechnica.com/tech-policy/2015/01/the-incredibly-simple-story-of-how-the-govt-googled-ross-ulbricht/ http://arstechnica.com/tech-policy/2015/01/the-incredibly-si...