Court Decision about russian hackers?

Hadmut Danisch hadmut at danisch.de
Fri Sep 20 07:53:45 EDT 2002


Hi,

I'm looking for a court decision about a case where
FBI agents fooled russian hackers in order to gain 
their passwords and to intrude their computers.

Unfortunately (or better: fortunately) I'm unexperienced
with the american court system. Can anyone give me 
a hint where/how I can get a copy of the decision
or further information which court that judge belongs to?

The decision I am looking for was described in 
a german computer magazine's newsticker:
http://www.heise.de/newsticker/data/wst-19.08.02-000/

I'll try to translate the article:

  The russian secret service FSB has started an investigation against
  the american FBI agent Michael Schuler. He is accused of illegal
  intrusion into russian computers. Two years ago, he trapped two
  assumed russian hackers into the United States with a faked
  job offer of the faked company Invita Security. With a faked
  aptitude test the FBI stole the passwords of the russians and
  used them to download means of evidence from the hackers
  computers in rusia.
  
  A US court has declared those controversial methods of
  investigation to be legal. As reported by the US press, 
  judge John C. Coughenour had disapproved the request of the
  lawyer of one of the accused to not accept the files downloaded
  by the FBI as means of evidence. The lawyer claimed that the
  fourth Amendment had been violated by the FBI. The judge objected
  that the computers had been outside the USA and had not been 
  property of US citizens. For this reason the fourth amendment
  couldn't be applied. Furthermore, even if the FBI agents had
  downloaded the files without judicial permission, they had gained
  a permission before analyzing the 250 Gigabyte.


regards
Hadmut


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