http://halturnershow.blogspot.com/
Under the Computer Fraud and Abuse act, (Title 18, United States Code,
Sub-Section 1030) attacking a protected computer for the purpose of
stealing data or making data unavailable (Denial of Service) is another federal
felony! My computer falls within the definition of "protected computer" since
it is "used in interstate commerce" for "communication."Hal's computer is as protected as your PC, my PC, and everyone else's PC since we're using our machines for "interstate commerce" via "communication," or in tl;dr, Internets: use them and have protection.
Essentially what Turner means is, since he uses his server and PC for broadcasting purposes, his "interstate commerce for communication," he automatically gains a special type of protection under the CFA act; this is, however, a negligible position considering that act is subject to varied interpretation, meaning differing positions due to skewed perceptions concerning the act.
I realize after this short part that I'm skipping around the article, but I'm addressing certain points, so bear with me.
In addition to felony Robbery, I have received dozens of e-mails telling me the attacks will stop "if I apologize and shut down my site." Telling me to shut down my radio show is an attempt to gain something of value - the shut down of a $40,000 - $60,000 per year enterprise.I don't exactly see how maintaining a free-to-listen, free-to-call internet broadcast is a $40,000+ enterprise, as well as how it's of an equivalent monetary value in terms of extortion (he addresses this right after the bolded portion); could somebody enunciate on this?
A third example happening as I write this at 11:38 AM on Dec. 29, is this IP address located in Sweden making hundreds of connections PER SECOND, to intentionally ROB my resources:
tcp 0 0 209.123.129.68:http 81.234.213.251:52550 SYN_RECV (repeats for multiple lines)
These are just three examples out of hundreds of different people perpetrating this same effort in many places around the world. They have screwed themselves very badly.
-Break-
Those who think they are anonymous by virtue of Proxies, think again. The proxies maintain
records of inbound connecting IPs.
Those of you who think you are anonymous by virtue of TOR, think again. A subpoena has been issued for disclosure of all Onion Routers and those router owners will be subpoenaed to reveal origin IP addresses traced back through the Onion router network. You WILL be caught.
Some time ago, several Anonymous claimed that a subpoena issued for the disclosure of any proxy servers or subsequent requests would be ultimately met with failure, though it's not completely clear. Will update on this.
Under U.S. law, when two or more people engage in an "ongoing criminal enterprise" which perpetrates two "predicate felonies" over a ten year period, then ALL of the people in that enterprise, wherever they are located, are guilty of racketeering under the Racketeer Influenced Corrupt Organization (RICO) Act.
ALL of the people who took part in this attack - even if it was only one time, - are guilty of a federal felony under the Racketeering law.What he fails to note is the ten year period in conjunction with the predicate felonies--in this case, robbery and extortion--and how something that's lasted maybe a
week at most, if not slightly longer, falls nowhere near the RICO time span. Also, there is the difficulty of tracking down all associated criminals who were active in the attack.
The RICO Act allows for private causes of action; meaning a citizen can bring the charge without the need for a U.S. Attorney or any other law enforcement! I am bringing this charge.
Many of the perpetrators are in Europe and Australia, so they think they are beyond the reach of U.S. courts; they're wrong.
Both the European Union and Australia have signed the International Convention on Cyber Crime, a Treaty in which each country agrees to honor the subpoenas and Extradition requests of other member countries in cases of computer crime. The U S Senate Ratified that Treaty this year! Those participating in this attack who are outside the USA can and will be extradited.I'm unsure about the validity of this. I'll be checking the RICO specifications, and am requesting pertinant information, if anyone has any available.
Comments and replies to Turner's blog post are already being posted.