Judge: I won't reveal witnesses because Ulbricht could have them killed
wired.com
wired.com
The witness list will be disclosed, a few days before the trial. In no litigation does either side have an obligation to produce lists of witnesses well ahead of time unless specifically ordered by a judge.
Disclosure of witness lists is not required by Federal Rule of Criminal Procedure 16, which governs mandatory disclosures: http://www.law.cornell.edu/rules/frcrmp/rule_16. Local practice, including in SDNY where this trial is held, might hold it customary to make such disclosures, but no specific number of days of advance notice is usually required. It's useful to search "witness list" on that link and read the committee notes on the rationale behind the rule.
A good, but somewhat old, article on the subject. http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=27...
> The Committee recognizes the force of the constitutional arguments advanced by defenders. Requiring a defendant, upon request, to give to the prosecution material which may be incriminating, certainly raises very serious constitutional problems. The Committee deals with these problems by having the defendant trigger the discovery procedures. Since the defendant has no constitutional right to discover any of the prosecution's evidence (unless it is exculpatory within the meaning of Brady v. Maryland, 373 U.S. 83 (1963)), it is permissible to condition his access to nonexculpatory evidence upon his turning over a list of defense witnesses. Rule 16 currently operates in this manner.
Note that the notes discuss a house version of the rule that included a provision requiring both sides to, at the defense's option, turn over witness lists 3 days before trial. That provision ultimately did not make it into the final rule.
When I got my first copy, stumbled on it at a news stand in harvard square on a trip to visit MIT, it was novel because at least it was talking about the internet.
But from that first issue, it's never been written by people who understood or gave a damn about technology.
(My personal guess would be that Ulbricht likely discussed a murder with an agent, but the details of this discussion, whether it was initiated by Ulbricht, and the exact plan the two arrived at are not yet known. I'd also guess that whether or not Ulbricht intended to commit murder, some of these details are ones the prosecution would prefer not to become known for fear that it would damage other parts of their case.)
Edit: For context, this is what I had in mind: https://medium.com/for-the-love-of-podcast/serials-big-confe...
So it was never a case of what they did, but was it a crime.
I think that Cosby's fall from grace is better recent example if I read your point correctly
The number of people who will request assassinations can be assumed to be small due to their expensive and extremely violent nature.
The people buying guns illegally might actually go down if there were less drug turf wars through legalization, decriminalization, and silk road esque services which deliver straight to the door step.
It's not a far stretch to make the case that the Silk Road makes the world, especially America a safer place.
And when drugs are legal, people do them less. Like in the Netherlands where marijuana use ranks far below America's. And other decriminalized countries.
Maybe Ulbright is not the world's greatest human, but his service may have saved more lives than anything.
I'm at work. But sources for everything I've said are rather easy to find using google. Generally I cite everything I say. In this case I can, but choose not to in recognition of time constraints ;-).
> You HN libertarians are living in a dream world.
I've heard this kind of argument multiple times talking to people about legalization/decriminalization of drugs. I just assumed GP meant their comment that way.
If you think that the drug problem only involves the US, please read this article [1]. Maybe by the time you reach the end of the article, those libertarians don't look so libertarian anymore.
Free Ross!
Presumptive comments on hacker news which add nothing to the discussion are neither welcome nor warranted.
You'd do well to refrain from them in the future.
Cheers.
(I'm pretty sure Silk Road never allowed assassination, and the similar claims against him personally seem quite dubious and designed to shape opinion.)
Overcharging is one thing. Fabricating evidence, though? The risk/reward doesn't add up here.
Without a murder victim it's pretty hard to prove murder. AFAIK there's no record of anyone with the name of the supposed victim, much less a body.
I don't trust drug dealers. But then again, I also don't do business with them.
I don't trust my bank, and I don't trust my government. I cannot avoid them in quite the same way. So if someone can prove that it is possible for untrustworthy scum to anonymously do business with one another over the network, then I can almost certainly hope for a future where I am not forced to trust organizations that are only superficially trustworthy just to operate in the open marketplace.
As it is now, I get paid via direct deposit into a bank account, and pay my bills via electronic means from that account. Along the way, every transaction is compiled and reported to the state, so it can tax my money every time it moves.
Why do you rob banks? That's where the money is.
What's the best way to rob a bank? Own one.
My interest in the Silk Road is purely to see how effectively the government can fight it. They killed e-Gold. They killed Tor+Bitcoin+Silk Road. It remains to be seen whether they can kill their successors. I just really want open source money to work, because the closed source and curated money supply that I am forced to use isn't working out quite as well as I think it should.
So if Ulbricht is not convicted, I consider it to be no great loss to law and order. People like him exist in every big city, and many can remain at large for years. But it would be a great win for Tor and Bitcoin if it turns out that the state cannot prove its case, and a lesser win if the state is forced to reveal the methods used to compromise Tor and Bitcoin in the process.
Ulbricht himself is of little concern to me. But if someone like him is able to hide nefarious activities from the state and get rich without using the banking system, I can certainly do things like buy iodine for emergency preparedness without getting raided by a SWAT team (because it is apparently a precursor for something or other), and I can pay my electric bill from home without supporting the jerkass banking system that is apparently too big to fail and too avaricious to care.
You don't have to be a scumbag to hate your bank and fear your government.
And Ulbricht doesn't even need to get off completely for it to be a win for those of us who want to see more privacy in private business transactions and more personal control over private finances.
No, we aren't talking about that someone because Silk Road dealt exclusively in drugs and counterfeits. Weapons were banned from the site. Assassinations were banned from the site. Anything that was designed solely to inflict harm on humans was explicitly banned from the site, as per site rules.
Please stop spreading misinformation.
I think you missed this two parts of my comment:
- "Genuine question: [...]"
- "ain't we [...] ?"
As you may now understand, I am asking questions. Questions are asked in order to obtain informations, not to spread them. But thank you for your bit of infos regarding silk road's sites rules.
http://www.urbandictionary.com/define.php?term=Assination&de...
Edit: Funny how I'm getting downvotes. Apparently it's soo controversial to make my decision based on evidence. And something that'll he likely be convicted for.
"If You Care About Internet Freedom, Read About Ross Ulbricht's Silk Road Trial NOW" http://reason.com/blog/2014/12/12/if-you-care-about-internet...
The reality is: charges are applied strategically in most federal cases, and, for that matter, witness lists are regularly withheld until trial. The reason this is generating outrage now is because people on HN have a rooting interest in Ross Ulbricht, just like they did in the Reiser case.
The fact that he was not indicted shows that the prosecutor did not desire for him to be indicted. Given the aforementioned notoriety for throwing everything at the wall to see what sticks, the most likely explanations for a no-bill are (1) the charge can't actually be proven with admissible evidence or (2) the suspect is a cop or (3) the prosecution of the charge would embarrass or otherwise damage the state.
We can probably rule out #2. And by the ham sandwich rule, #1 is only rarely an impediment to indictment. So that leaves #3. The state probably fears what would go public in the discovery phase if they pressed the murder-for-hire charge, and that might affect its position for the other charge.
That should make all of us curious.
All that aside, it seems a big leap for Ulbrecht to make from online drug-deal middleman to someone calling out hits on people. He's not Don Corleone or Avon Barksdale, he's some tech kid with really poor judgement. I actually find the government's claim that he tried to hire an undercover as a hitman completely credible. It also seems to speak to the idea that he had no idea what he was doing and was completely out of his element.
I would find the story less believable if it involved Ulbricht actually meeting some shadowy figure in the the parking lot of a Target or whatever. But nobody has alleged that he effectively ordered a killing; he appears to have just had a casual email exchange about it.
The factual complexity of the murder narrative, and the degree of dedicated intent Ulbricht didn't pay to it, seems like good reason not to base the case against him on it.
No, that's a non sequitur.
For example, imagine that the prosecution knows that Alice killed Bob, but only because they were illegally tapping Alice's phone lines and the evidence would get thrown out. Or imagine that Alice is in the mafia, and your only witness, Charlie, suddenly went missing.
> he's some tech kid with really poor judgement
History is littered with people who went from "poor judgement" to "murder". To be clear, I'm not calling Ulbricht a murderer. I'm just not convinced that you know him so well that you know what he will and won't do.
You make it seem like it's some big deal, you could/can literally order a murder in a few clicks on these black market sites.
Please give an example of someone murdered by hire over the internet.
In an organized crime trial, I think it would make sense to keep the witnesses secret, but again I don't know the details. And either way I don't think it's necessary here.
So for Witness Protection, they have you under guard and hopefully under wraps until trial, and then they give you a new identity.
You can't withhold the identity of a witness at trial, because of the 6th Amendment.
Edit: Slightly tongue in cheek.
Maybe not set of nuclear missiles, but destroying evidence perhaps? Or some other scheme that would only require a simple digital initiation?
As I'm sure you are well aware there actually were hackers at the time who taught themselves to whistle at 2600hz. Who knows if someone you have just caught and otherwise know nothing about could do something similar?
"It is difficult to say what is impossible, for the dream of yesterday is the hope of today and the reality of tomorrow." - Robert Goddard
Are perfect quotes for hackers. Maybe we should ease up on mocking people for believing the whistling nukes thing. The reasons it couldn't have happened involve details more specific than "sounds on phones can't do things on computers", notably because that wasn't true at the time. And experts probably told him that people only have to be clever enough to find a single flaw in a security system to compromise it, and having one insight the creators of the system didn't could lead to compromising it.
So the judge hears some seasoned professional say it's impossible... and the same person says when you hear some old professional say something is impossible you should be extremely skeptical. When faced with Armageddon? Let's cut the people involved a little slack.
Because if not, I hereby declare the entire trial a sham, a huge attack on his constitutional rights, an insult to the idea of impartial justice and a return to the Star Chamber.