The Silk Road Trial

An update on cybersecurity legal maneuvers.

MOST internet entrepreneurs dream of transforming an industry. On January 13th, one who may have done just that went on trial in federal court in Manhattan, accused of drug-trafficking, money-laundering and operating a criminal enterprise. Ross Ulbricht, a 30-year-old Texan physics graduate, is accused of being “Dread Pirate Roberts”, the founder and administrator of the Silk Road. 

Mr Ulbricht says he was framed: the real Dread Pirates remain at large. His lawyers also claim that the FBI may have used illegal methods to identify and seize the Icelandic server on which the Silk Road was hosted, and from which much of the evidence comes. The FBI says the site contained a vulnerability which revealed where it really was, despite Tor. But several technical specialists think this implausible. Sadly for Mr Ulbricht, it may not matter much. In a ruling in October, a judge concluded that since he has not admitted any legal interest in the Silk Road server, he is unable to claim under the Fourth Amendment that it was illegally searched, and so the evidence from the server is admissible however it was found. This, the judge admitted, “might appear to place Ulbricht in a catch-22”. If he admits to an interest in the server, he would weaken his defence at his trial; if he doesn’t, he has no chance of getting the evidence against him dismissed. 

Mr Ulbricht’s defence, which has been generously funded by online donations, is thus likely to focus on the strength of the evidence linking him to the online activities of Dread Pirate Roberts. Nonetheless, cyber-criminals—as well as other users of the dark web—will be watching closely. Since the Silk Road was taken offline, several similar market-places have been started, and many closed by the authorities. But it is still far from clear whether police forces can crack the anonymity given by technology such as Tor, or how deeply they can legitimately snoop on the web to uncloak the hosts of criminal networks.

From the Economist http://www.economist.com/news/united-states/21639525-one-dread-pirate-trial-what-about-others-bitcoin-buccaneers