I think the problem is the lack of accountability on the govenrment's part. If the leaders of FBI field offices routinely went to jail for raiding data centers unnecessarily (etc.), you can bet that they'd be more careful. But since there is no punishment for ruining someone's life, they are just going to continue to ruin lives. The false negative rate doesn't matter, as long as they occasionally stop a real crime, everyone gets promotions.
(That's my understanding anyway.)
Also, it is unacceptable that nobody will represent this guy in court. As far as I know, the Constitution guarantees a trial and representation at that trial. If he can't get either, then his civil rights are being illegally violated. (Judges may not understand the Internet, but they do understand the Constitution. Well, except for a few people on the SCOTUS that really need to learn how to read...)
I think a lot of people will be moving their hosting out of the US because of this.
Unbelievable abuse of power and a total lack of understanding of the nature of this business.
To do this much damage without a shred of evidence is absolutely unforgivable.
The fact that the guy basically assumes that he'll go to prison because he refuses to admit guilt to stuff that he didn't do is quite telling. So much for justice.
Not really. If you look at the details today, it seems as if Obama has started to embrace policies by Bush and even expand them (while simultaneously still criticizing Bush).
I highly doubt that the dutch police would seize an entire datacenter on some trumped up charges. Such cowboy actions are very rare here, in fact I don't recall a single instance of such a thing.
An employee of mine once did some very stupid stuff from our corporate network and premises and the police was very reasonable about it.
The quote you give is about some log files from a server in Italy (and fails to detail whether or not they were handed over), we're talking about seizing an entire datacenter here including all the customers machines (plenty of which were government boxes). Hundreds of businesses were ruined on the say so of some junkie.
Disproportional doesn't even begin to describe it.
Hacker News is really not the right place for a serious conversation on this topic, and jokes would only lead to a flame war, so I will rather abstain.
At FOWA Edinburgh, Stefan Magdalinski mentioned that MOO had moved their hosting to the US (from the UK) in order to improve google rankings. I guess you can't have your cake and eat it.
If you own an apartment building and you are suspected of committing crimes, the government cannot search or sieze the entire building without a warrant for each individual apartment. Each renter has 4th amendment protection and the courts have consistently ruled this way. So if I'm a renter, and you're the police or FBI, you can't get a warrant to seize my property from a judge until you can convince a him that you have probable cause to believe I am involved in a crime (the fact that another renter in the building or the property owner is a suspect is not justification). This same premise applies to storage lockers and other rented space. You can't simply seize an entire rental property. Co-location data centers should function the same way. Our servers are in locked cabinets at our co-lo. We have an SLA and a contract lease with the host. The property in that space is legally ours. Let's hope we never have to convince a court of that.
Lesson: The US Government can and will completely fuck you over for any arbitrary reason at any time with no possibility of recourse. I'm sure that's exactly what the founding fathers had in mind.
Some of the (extensive) reddit comments on the story cast a reasonably amount of doubt on his claims. Unfortunately there's just too many of them for me to be able to quickly summarise the various bits and pieces.
On a side note, I only stopped by to see if reddit had reached digg parity - not there yet, but I'm increasingly glad that I left.
(I nearly used "e-migrated" instead of "left" - and that's just from 5-10 minutes of exposure)
(That's my understanding anyway.)
Also, it is unacceptable that nobody will represent this guy in court. As far as I know, the Constitution guarantees a trial and representation at that trial. If he can't get either, then his civil rights are being illegally violated. (Judges may not understand the Internet, but they do understand the Constitution. Well, except for a few people on the SCOTUS that really need to learn how to read...)