back to article Uncle Sam outlines evidence against British security whiz Hutchins

Court documents filed Wednesday in the trial of British security expert and accused malware writer Marcus Hutchins have outlined the very limited evidence the US government is willing to throw at the case. Hutchins came into the limelight after crippling the WannaCry ransomware attack earlier this year. He came over to the US …

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  1. sitta_europea Silver badge

    Y'know, I think I'll wait until I can read the transcripts.

  2. Chris G

    Jus' thinkin'

    Maybe they're pissed off because he broke one of their toys.

    Currently it looks as though a good percentage of serious malware out in the wild, originates from so called friendly agencies.

    1. Aodhhan

      Re: Jus' thinkin'

      I'm willing to bet you'd be pissed if someone broke into your house and damaged a lot of your things. I'll even go out on the limb here, and think you'd want this person thrown in jail. Maybe have 10 minutes alone with him in a room to show his nose the bottom of your shoe with a bit of force?

      Even the fact there are many criminals out there, all using tools and knowledge gained from other people. You may even want to go after those who knowingly purchased the goods stolen from your house.

      Just a guess tho.

      1. Kiwi
        Angel

        Re: Jus' thinkin'

        I'm willing to bet you'd be pissed if someone broke into your house and damaged a lot of your things.

        He didn't "break into their house". A more appropriate analogy would be a friend asked you to look at their car (computer, TV, cat, whatever) because it wasn't working right, and you found someone had tampered with it and added an extra bit of hardware (software/transceiver/DNA etc) for some unknown purpose. Knowing that "thing" didn't belong, you removed it.

        You then let others know there's someone wandering around the neighbourhood interfering with pussies, and you tell people how they can stop their pussy from becoming infected.

  3. Potemkine! Silver badge
    Trollface

    The land of the Free

    That's why the Statue of Liberty is in the US, it's a memorial, Liberty is buried there.

    1. Aodhhan

      Re: The land of the Free

      So liberty in your country means criminals can legally break into homes to steal property or otherwise cause financial harm to people? Wait 10 minutes and you'll understand just why you aren't very clever.

  4. Tubz Silver badge

    two CDs of audio content – one from when the Brit was interrogated for 24 hours by FBI agents without access to a lawyer ... 6th Amendment broken, waived under duress, foreign national have rights ?

    1. Aodhhan

      His 6th amendment rights weren't violated.

      In this case, Hutchins was given his Miranda Rights and he decided to answer questions without a lawyer present. All legal. It's also legal to use his answers in court, as long as he was provided Miranda. Again, he chose to answer questions without his lawyer present.

      He wasn't questioned for 24 straight hours. He was never under duress. Good grief, do you dream this crap up? If this was the case, the US media would be all over it because he would be screaming about it.

      He can refuse to answer any questions and end questioning at any time so he can consult a lawyer.

      He's being afforded a quick and speedy trial; however, Hutchins' lawyer asked for a 60 day continuance. He will have a jury in court and only has to convince one of them he is not guilty.

      In court, he has every opportunity to call witnesses. It's likely his attorney will ask for more time in order to gather them.

      ...so I don't want people yelling about Hutchins not being afforded a speedy trial, when it's his lawyer who will likely draw it out.

      1. Anonymous Coward
        Anonymous Coward

        Spot the Yank...

        So, a man is arrested at an airport and questioned repeatedly by Police. And he's not under any duress? Are Americans suffering some form of collective stupidity or is it desperation to deflect from the realisation that the rest of the world increasingly views America as an aggressive bully?

        1. Pompous Git Silver badge

          "the realisation that the rest of the world increasingly views America as an aggressive bully?"
          Some are slow on the uptake... The United States accused Habib of many crimes that he confessed to under torture over a period of three years. There was never any evidence to support US claims and Habib was eventually released without charges in January 2005.

          Mamdouh Habib

      2. Kiwi
        Trollface

        Good grief, do you dream this crap up?

        Perchance you need to acquaint yourself with a mirror?

  5. nickx89

    Don't get it why

    I don't know why it has made controversy. There are many hackers out there, that the NSA knows about, but all they want to target is the person who secured the day when they couldn't.

    1. Pompous Git Silver badge

      Re: Don't get it why

      "There are many hackers out there, that the NSA knows about, but all they want to target is the person who secured the day when they couldn't wouldn't."
      NSA already knew about the kill switch since they wrote the malware.

      1. Sgt_Oddball

        Re: Don't get it why

        You've never heard of Halons razor have you?

        1. Pompous Git Silver badge

          Re: Don't get it why

          "You've never heard of Halons razor have you?"
          Nope. I do possess a bottle of carbon tetrachloride though I've never seen it shave.

  6. JJKing
    Unhappy

    Fucking law enforcement.

    Law enforcement seem to be the same all round the world. I found some unpleasant porn on a school principal's PC and reported it. Turns out is was nastier than the image that I saw as the wallopers came and server a Search Warrant on me and they were quite nasty for some time. There was a distinct change in attitude and tone and I assume that was when they came to the conclusion that I didn't possess any child porn in my electronic devices. The bastards still took my laptop, PC and plethora of storage sticks away and told me I could pick them up in 3 to 4 months. Phone their building the following week and was told they weren't going to forensics and I could come and pick them up. Shame the PC wouldn't work but hey, "that's not our responsibility".

    You are deemed guilty by them until you prove yourself innocent. I fear for Marcus.

    1. Suricou Raven

      Re: Fucking law enforcement.

      You are guilty of having been accused of possession of child abuse imagery. That's enough to seize every electronic device you own. You were fortunate in this case that they swiftly identified their real target and decided you were no longer of interest.

      1. JLV

        Re: Fucking law enforcement.

        hum, you must have missed the part where the OP was the one who found the image. no need to call him lucky.

        seems like common sense not to unduly screw over people reporting child porn, no? if you want to keep on getting infractions reported, that is.

        maybe a quick forensic imaging of their electronics to make sure they're not setting someone up, but definitely make it painless as possible.

        glad Hutchins didn't follow advice, cited here, to roll over and plead guilty to lesser charges. he's either proved guilty of Kronos (and should burn if so). or he should walk entirely free. this trial deserves all the sunlight it can get - both for his sake and the FBIs behavior and reputation. best of luck to him.

  7. patrickstar

    From the actual document (hey, am I the only one who actually read it?):

    "To date, the defendant has provided the defense with the following:

    - 1 CD with post arrest statements

    - CD with 2 audio recordings from the county jail in Nevada. (The government is awaiting a written transcript from the FBI.)"

    Is that a typo or was it really the defendant that requested these be included in the evidence?

    In which case I'd assume that they consist of him trying to tell them they got the wrong guy... Like, for example, explaining why his code ended up in the trojan in question.

    Even if not and it's actually a typo (quite a critical one in the wrong context!) interrogations generally end up in the case evidence/discovery regardless of whether they are incriminating or not (or even if they consist of responding "No comment" to everything, in countries where you don't have the right to refuse questioning outright).

    Or maybe they think they can prove his answers wrong at a latter time, etc.

    1. Kiwi
      Flame

      Even if not and it's actually a typo (quite a critical one in the wrong context!) interrogations generally end up in the case evidence/discovery regardless of whether they are incriminating or not

      They also love to play with "soundbites" during hearings. "We asked the client if he stole the cars, and you can hear him clearly say he did [plays tape] {victim} 'Yes, I did' [stops tape] So you can see the defendant is clearly guilty".

      Whereas the full tape would be "Yes, I did attend secondary school".

      (Ok, this is starting to sound like I have a bit of a grudge against lying scumbagscoppers!)

      1. Pompous Git Silver badge

        "Ok, this is starting to sound like I have a bit of a grudge against lying scumbagscoppers!"
        Quite understandable. I wish I could say otherwise, but my son was treated by them very badly. Never charged with anything after I was told by a detective that I would be utterly disgusted by what he'd done when he was charged. Eventually I received an abject apology from the chief detective who told me there was no evidence that The Gitling had been anything other than an exemplary citizen.

  8. ITnoob

    If this falls apart and he walks free then I hope UK Gov will be all over our allies like a rash. Bet they won't though.

  9. TheElder

    The authorities obviously don't understand any of this cyber security business

    I am afraid it isn't just in the US. I was speaking to a member here that doesn't have a member. That memberless member told me that Shawnigan Lake is south of here. It is 30 kilometres north northwest of the station. South that far is 26 kilometres in the ocean. Then I spoke to the Watch Commander about how I could possibly pin down the IP address actual location address of a criminal with a fair degree of accuracy. He gave me a virtual blank stare.

    My IP is intentionally difficult to pin down but I can still get it to about 7 km. It is in the same jurisdiction.

  10. Anonymous Coward
    Anonymous Coward

    Poor marcus

    Stiched up by AlphaBay probably a subsiduary of AlphaBet - G "I wonder!"

    Krono's - so named after the Greek God that ate his own Children is a little apt.

    I've always been partial to Janus myself, that was the God of Two Face's! ie: "Two Faced!"

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