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We've all seen the familiar yellow tape cordoning off a crime scene. No one is allowed inside the tape unless they are directly involved with the investigation and, once inside, items involved in the crime are carefully scrutinized in hopes of solving the crime. It's not quite so easy when computer-related crimes occur. Such is the case with the recent BadTrans.b virus. The virus carried with it a keylogging Trojan that captured every keystroke, including email, chat sessions, and the like, and then logged that information to a server hosted by Monkeybrains.net. When the FBI followed the trail to Rudy Rucker, Jr., who operates Monkeybrains.net out of his bedroom in San Francisco, Rucker provided only those details he felt were pertinent to the crime and then refused to release the database without a court order. Some might feel that Rucker acted judiciously, protecting the rights of innocent citizens. Then why did he share at least portions of that database with a reporter from the San Francisco Bay Guardian? Seemingly, Rucker's desire to protect the rights of innocent citizens doesn't extend beyond the FBI. Or perhaps he felt his chance at fifteen minutes of fame was simply more important.
While Rucker, Jr. is merely the host of the affected server and is not in any way responsible for the BadTrans.b virus, and he did, after all, shutdown the affected server as soon as he realized what was happening, three questions still pend. First, why did Rucker, Jr. not contact the FBI or law enforcement officials when he discovered the database of stolen goods? Second, why are FBI officials being barred from full investigative rights while reporters are allowed to peruse the information? Finally, should witnesses to crimes be allowed to determine just what information is pertinent to an ongoing investigation? If a thief dumped a load of stolen goods in my backyard, am I to be allowed to provide only plaster casts of the footprints or shouldn't I be expected to release the stolen goods as well?
The San Francisco Bay Guardian article also strays into the conspiracy theorist's territory that somehow there's a link between BadTrans.b and Magic Lantern. In fact, Magic Lantern is still under development and would not be utilized without appropriate judicial authorization, much the same as wiretaps employed during criminal investigations.
Certainly it is unfortunate that anyone should peruse the victims' cyber-diaries. It seems even more unfortunate when perusing rights are granted to reporters - and who knows who else - but not to the very ones responsible for solving this crime and preventing others like it from occurring. This is one crime scene that is being trampled by everyone except those charged with solving the dirty deed. Will you rest easier tonight knowing that Mr. Rucker is making the decisions about who sees your cyber-diary and who doesn't? I know I won't.
When Mr. Rucker, Jr. isn't busy making decisions about our personal privacy, he provides tabloid style accounting on the activities of Jenna and Barbara Bush. Let's hope for their sake they weren't infected by BadTrans.b or, at the very least, that Mr. Rucker, Jr. doesn't decide to release their keystrokes to reporters as well.
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