FluxCapacitor said:
Starke said:
Ah, but you're missing my point - in this case it's not necessarily the FBI doing their own dirty work, it's a private company (HBGary Federal) breaking the law by carrying out illegal surveillance on Anon members.
Except, the illegal activity alluded to, at least in media, on the part of HB Gary Federal had more to do with the fabrication of data, and offensive smear campaigns against the unwitting, not surveillance. So, either the company was engaged in surveillance operations on behalf of the federal government (which I recall reading someplace, but cannot find at the moment), or they were free agents. If they were working on behalf of the FBI, then they are bound by the same restrictions as federal investigators, and would be subject to criminal prosecution in connection with any crimes they may have committed during the course of their investigation,
or they were free agents, subject to the criminal laws which bind us all, but are much more lenient because the founding fathers (understandably) lacked a fear of corporate entities.
FluxCapacitor said:
If the boys in blue wanna pick up anyone they can get a legitimate warrant on, then the suspect can have their day in court. But if they can only do so because someone, direct federal employee or not, has provably and systematically broken the law on their behalf, then all evidence is inadmissible ("fruit of a poison tree") and they've been violating the suspect's civil rights.
Except here we get to a really fun little problem that Anon has created for itself. If the investigation against it's members was illegal, as they claim, then you'd be right the evidence would be illegally obtained, but, after having stolen it themselves they then proceeded to publish it freely. Now, because it had been stolen it wouldn't be admissible against HB Gary Federal, nor would it have been admissible against Anonymous members... except, they are now the ones publishing this information freely and openly. And it could be used as evidence against them in their theft. At this point the admissibility of the evidence would rest on the judge (in the US), however, that raises another issue...
This is all predicated on the idea that the information itself was illegal, which it would have been in the EU, unfortunately California's request to join the EU is sadly non-existent.
Now, the US may deserve a bad rap for the poor state of it's privacy laws, but it is the law at present time. This could result in some reform on that subject (though I seriously doubt it), but it will not affect the state of the law which the Anonymous members are tried under.
Today, at this moment what HB Gary Federal is alleged to have done (surveillance wise) is in fact, not illegal.
FluxCapacitor said:
They need to do this stuff the legal way, or they're no better than anyone they pursue, and they simply haven't been - instead, they've been hiring outside contractors so if it all ends badly the FBI has plausible deniability. No dice, as far as I'm concerned.
There is no plausible deniability in the chain of evidence, at least not really, as you've already pointed out. Now, without digging through public documents for the actual warrant applications, there is little reason to believe that the HB Gary Federal research is behind the warrants themselves. Particularly given that the FBI appears to have based the 40 warrants in January off the server warrants in December. This would suggest that there are two separate chains of evidence, one that HB Gary Federal cultivated, and a separate one that was part of the actual federal investigation.
FluxCapacitor said:
And I'm pretty damn sure that the reason that the U.S. impeached Nixon was because he was shown to be subverting the democratic process by arranging the break-in at the Watergate, and then by covering it up. You cannot simply handwave away Tricky Dick's illegal acts. You're entitled to your own opinion, but not your own facts.
No, Watergate is what got him impeached, because it was illegal, and he did get caught with his pants in the door, but it wasn't why the public hated him, that had started years earlier.
EDIT: I should probably comment on FBI psychology for a second. If we're talking thirty or forty years ago, the FBI did run a very loose ship. They hired people to break in for them, or simply did it themselves and claimed the evidence of the "black bag job" as coming from an anonymous tip. They were thugs with badges and a lot of authority with a tendency to do whatever they had to to get the job done. This included behavior that borders on what HB Gary has been alleged to have planned, such as individual smear campaigns.
That is not the FBI today, or indeed in either of our lifetimes. The FBI emerged from the Nixon resignation a wreck, and they've spent the last 38 years cleaning up their act monumentally. The image of the FBI as a professional law enforcement agency that lives up to their PR is a very recent development (politically speaking), and their willingness to even engage with external firms like HB Gery Federal tends to be on more uneven footing than actual contract work.