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bookmark_borderTypical American view of Surveillance

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The Typical American Citizen (TAC) thinks: “If you aren’t doing anything wrong, you shouldn’t worry about government surveillance.”

When the TAC is then informed that the government has illegally collected THEIR communications; they react with, “That is un-American. It is a clear abuse of MY privacy and it must be stopped; AND, Congress feels the same.

As I’m sure you’re probably well aware, I’m about to tell you that their view of surveillance is wrong. The FBI is not a benevolent organization. While note as bad as the KGB, it has the same mission as a new book entitled “The Gospel of J. Edgar Hoover explains”.

I’ll assume that you’ve watched My Cousin Vinnie AND that you don’t understand this fact, that scenario plays out across this nation many times each year. That is, an innocent person stands accused of a crime they didn’t commit by a corrupt prosecutor. (The blame lies solely with the prosecutor, not the cops or the FBI). Unfortunately – for the vast majority of these defendants – their dilemma will end with an illegal conviction (usually for a lessor included offense) via a “plea deal” with the likely corrupt prosecutor.

The current season (2023) of The Accused on A&E shows this reality in dramatic – one hour crime drama – form. So to continue the “Vinnie” analogy, just think what would have happened had Vinnie not shown up in Alabama. It’s clear that their stuttering & inept public defender would have lost the case and Vinnie’s cousin and his friend would currently be on death row AND their only hope for exoneration would be the exoneration project, even though the evidence – when looked at accurately – proves their innocence.

Several biases are at work to keep our corrupt system of justice motion. The first is falsity that law enforcement officers are benevolent, they are not (and cannot be), simply because too much behavior is illegal. Like I explained before, EVERYONE has violated a federal or state law. (Speeding, Jaywalking, Sharing your Netflix password or eating a French Fry in the wrong location etc…) And in a surveillance (i.e police) state, the only thing stopping you being prosecuted for the many crimes you commit are the various prosecutor’s time & discretion and that should really, really scare you.

As I’ve explained – ad nauseam – on this site, I am the victim of a malicious prosecution by a corrupt prosecutor named Keith A. Becker, who teamed up with an FBI that has always practiced “the ends justifies the means” law enforcement. The Palmer Raids initiated the FBI’s illegal enforcement stance and it continues to this day even though Hoover is long gone…

This philosophy trickled down to every other law enforcement agency in the nation, under the guidance of the biggest piece of shit ever to be in federal employment, J. Edgar Hoover. Many books have been written about this closeted and ridiculously paranoid homosexual. (Again see the book mentioned above) So anyone who denies what a massive piece of shit he was is simply uninformed or completely dishonest, because his evilness is an objective statement of fact… In other words, claiming Hoover was great is akin to claiming Hitler was great and we know that’s absurd. LOL

Americans need to face the facts head on and to become a lot more skeptical of law enforcement methods and motives…

bookmark_borderParallel Construction in my case

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The overview of my “NIT” is this: The disclosed NIT source code consisted of gallery.php, gallery.swf & cornhusker.py. All of this code is parallel construction. And it’s “normal” for two sites and “fabricated” for my case (TB2). Both types of parallel construction are serious Brady Violations.

Normal parallel construction consists of creating criminal cases against defendants that are based on illegal surveillance. They then conceal that original source with parallel construction that allows the prosecution to conceal the original illegal source of the evidence against the defendant, and pretend that they found the suspect through legal investigation techniques. Fabricated parallel construction consists of concealing the original illegal source of the evidence with a totally fabricated parallel source.

Parallel Construction is a serious problem in the United States because as Mark Rumold, a staff attorney at the EFF, put it: “It does a disservice to our criminal justice system when the government hides the techniques of investigations from the public and criminal defendants. Oftentimes, the reason they do this is because the technique is of questionable legality or might raise questions in the public’s mind about why they were doing it. While it’s common for them to do this, I don’t think it benefits anyone.” Because “we cannot have a world where a government is allowed to use black box of technology” to prosecute criminal defendants.

The parallel construction in my case was ridiculously egregious. It likely emanated from an XSS attack on a “is Tor working site”. So here is what probably happened on November 18, 2012 @ 8:12 and 8:15PM; for unknown reasons, Becker’s minions attacked my Rekonq browser with an XSS attack on the “is Tor working” website I visited. (It was a website that inspected your browser’s configuration and then made various recommendations) It told me to turn off javascript and turn off the cache. (Note: they may have also installed a Remote Access Trojan (RAT) at this time.)

Anyway, the XSS attack loaded those two pages in the IP Activity table in a hidden iframe (located on the “is Tor working” site). That hidden iframe then loaded another hidden iframe that loaded “gallery.php”. Galley.php (located on TB2) then populated the IP Activity table with falsified data, BUT it needed Javascript to load the flash app, so that stopped working when I turned Javascript off.

The reason they had to plant evidence on April 9, 2013 was because; 1) they knew that the cache was off (Rekonq reports that it’s off in its headers) and 2) they couldn’t arrest me without finding “something”. They weren’t able to finding anything during their first hour of triage because all the home directories were encrypted. So, after that first hour, they looked at my laptop’s lock screen and saw my picture next to the user named Adama. They then planted the evidence in Adama’s home directory on my linux computer, overwriting its encrypted folder.

This FBI misconduct was exposed by their own Tech when he made an image of the linux drive and booted it. The OS then locked Adama’s account in the shadow file because it detected an error with its home directory (its encryption link was missing). Had any defense expert examined that drive they would have found that it didn’t have any other files to indicate it had ever been used by a human because the triage agent just “dumped” the thumbnail files in it and nothing else. That’s why (I suspect) none of my experts actually examined the drive, and that’s why the FBI refuses to share any information about their X-ways logs of their triage on April 9, 2013. (X-ways has extensive logging capability, since it’s not uncommon for defendants to claim the FBI planted evidence they are required by DOJ policy to turn this logging on. I suspect they didn’t turn it on, because planting evidence is career ending and illegal so why would the triage agent make a log of his crime?)

There are many more technical problems, but the final one I’d like to address here is the implausibility of the NIT on TB2. Becker’s narrative and the provided “parallel construction” code, indicates that the flash app (downloaded to my computer) must have executed in less than 3 seconds (flash terminates after 3 seconds). Yet as you can see from comparing Figure I to Figure H, it took the 8:12PM flash 39 seconds to execute and the 8:15PM execution took 63 seconds. Those are ridiculously long execution times, when my experts (the shills) report that their flash ”testing” executions times were in milliseconds. Of course, the information that could clear up this anomaly was destroyed. Here is how the parallel construction code must have worked:

  • When my browser loaded those two html files at the designated times, gallery.php (running from a hidden iframe embedded in those html files) generated those two random “session ids”, populated a row of Figure I with falsified data & loaded gallery.swf (the flash app) in less than a second.
  • Gallery.swf made a DNS query for ridiculously-long-cipher-code.cpimagegallery.com in a fraction of a second
  • Cornhusker.py (allegedly running on the destroyed server) took forever to answer gallery.swf’s DNS query. It’s unclear how long flash will wait for a DNS response, so this is the only step where this time gap could occur because flash will only wait 3 seconds for the server (cornhusker.py) to give it permission to communicate. This presents another problem because this step isn’t necessary, if you know the IP of the server you just put that on. In other words, this is inefficient coding for an allegedly two week sting operation. The next two steps are also redundant because cornhusker records this DNS request along with the “session id” and the IP it came from, in a “clients” table. Flash just sends the same information again. Anyway, the clients table would answer the question about the long delay, but they destroyed it because it probably proves malfeasance.
  • At most, 36 and 60 seconds later cornhusker.py provides gallery.php an IP address to communicate with and it sends a request to that IP for permission to communicate. (Cornhusker has 3 seconds to respond or flash terminates).
  • For the first session id, flash communicates 39 seconds later and for the second id it communicates 63 seconds later. However, every expert knows that the second DNS query taking longer than the first is HUGE red flag – indicating the whole sting was based on fabricated parallel construction.

bookmark_borderParallel Construction is Real

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For example, see US v. Kurbanov… But, what is it?

First, The NSA “taps” the internet backbone and temporarily stores it (all the data) in a massive data center. (Currently located in Utah) then:

  • The FBI is allowed to search this massive data center for “selectors” they’re interested in. “Selectors” are e-mail addresses, IP addresses, Phone Numbers or several other identifiers that can differentiate certain data streams from others. (It is not clear if the FBI can ask the NSA to target a specific selector BUT the NSA can target a selector if it wishes. Targeting a selector results is “content” collection. For example, if the NSA targets phone number 555-555-1212 then their systems collect the content of all the communications associated with that number, including the apps the phone uses)
  • After the FBI searches the massive data center, it then uses that illegally obtained data to “re-obtain” it through legal subpoenas and warrants. (In other words, the FBI obtains those subpoenas and warrants with perjury.)
  • Federal Prosecutors then prosecute the FBI’s target BUT do not disclose the illegal methods used to obtain the indictment. That is an egregious Brady Violation.
  • Parallel Construction continues because no defendant is able to challenge it due to the egregious perjury the government commits to conceal it.

bookmark_borderThe Smoking Gun

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So, thanks to a PACER alternative, I now know Keith A. Becker (“Becker”) is absolutely guilty of prosecutorial misconduct in my case. In other words, I can now prove, with his closing argument from another case, that Becker knew he was lying in my case.

It’s important to understand exactly what misconduct occurred. First misconduct was obtaining a fraudulent search warrant for TB2 that was also void ad initio. (Void on its face because the magistrate wasn’t allowed to issue it on November 18, 2012.) This search warrant was fraudulently obtained because it based it’s “probable cause” on evidence Becker knew, or should have known didn’t exist. (As I explained in this post)

Second act of Becker misconduct concerns his use of that fraudulently obtained data to fraudulently obtain an indictment in Nebraska as explained in this post.

Third act of misconduct concerns his denial of malfeasance. As I explained extensively in this post, Becker knew he was caught in November of 2014 but instead of folding he doubled down.

Now, I’m trying to pin down the details of the conspiracy. As I noted in this post, the shills refuse to answer questions. None of the lawyers will answer my questions and the FBI is stonewalling.

I found this tidbit on the pacer alternative:

The judge has instructed you. It’s knowingly accessing with intent to view a computer disk of other material. What do we mean in this context? We mean [the] web server. That server was located here in Omaha. That sever had on it all the [contraband] images that were available on [the] website. That’s [what constitutes] the computer disk or other material.

And that the defendant knew that it contained [contraband]. Well, how do you know that? Well, you’ve seen the records of the defendant’s conduct. You’ve seen the screen shots of the site and what it looked like to its users and members. And you’ve seen what the defendant saw each day that he went and accessed these particular materials.

Now, again on the access with intent count [sic], ladies and gentlemen, you’ve got a guide. And your guide to these counts is [sic] Exhibits 5A through D and 6A though D…

5A through D are portions of that board data, the logs, that exist for the defendant’s conduct for November 18th until December 8th [2012]…

We’ve got a portion of Exhibit 5A broken up on the screen here. On the top part, we see the date and time. We’ve heard a lot about UTC, Universal Coordinated Time [sic]. It means the user took an action and that’s the time that the website recorded it…

We see the session identifier. Now remember the testimony of Special Agent Gordon, Special Agent Smith. A session ID is an individual, unique identifier for on particular session on the board.

What’s a session? Log-on to log off. One session, one unique series of characters just like you see on the screen.

Becker closing arguments 8:13CR105 Docket # 236 Pages 133 & 134

And I found this in my filing cabinet:

B. “Modified Tinyboard Application that Ran TB2” … 6. “TB2 servers apache access logs.” As we previously informed you via e-mail, Apache logs were not utilized to correlate website and NIT Data.”

Becker message to Howard on July 20, 2015

And I have this Becker quote from my withdrawal hearing:

And so the government was in control of the website TB2 and that means there are logs of activity from that website. That’s one batch of evidence. And some of the government’s evidence comes from those logs, including Apache logs which Special Agent Smith testified about at our last hearing. Then there is also information that is generated and collected via use of the NIT, and that’s a separate batch of information.

Becker statement on 12-16-2015

Now, combine those three quotes and compare them to the fact that Tinyboard doesn’t have any logs and you have a very easy perjury conviction. Now I’m trying to get exhibits 5A through 5D from the court and trying to get the shills to answer my questions (trying to hire a lawyer to ask them those questions on their stationary.

I’ll keep y’all informed…

bookmark_borderA Simple Analogy

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  • Parking Lot = Tinyboard
  • Parking Garage = PHPBB
  • Cars = Browsers
  • Ticket IDs = Session IDs
  • Ticket Booths & Cameras = Computer Logs

OK, so when the cars enter Tinyboard’s parking lot or PHPBB’s garage, they’re issued a Ticket that has a unique ID number. This ticket also has location technology such that the ticket records its location when it stops moving. Camera’s take a picture of the cars license plates so the the booth can pull information about the cars entering the lots from the DMV and enter it into its logs.

So, for example, when someone driving a Ford Mustang enters Tinyboard’s parking lot, it gets a ticket with ID 100 and it proceeds to park in parking spot 2. So the ticket begins it’s log (ID 100 in Parking Spot 2). A similar circumstance happens in PHPBB’s garage, someone driving a Chevy Camaro is issued a ticket with ID 1000 and in proceeds to park on level 2 parking spot 10, so the ticket begins its log (ID 1000, on level 2 in parking spot 10)

This brings us to Mr. Becker’s second act of misconduct. Our Camaro driver decides he doesn’t like spot 10, and movs to spot 20. PHPBB’s ticket makes another log entry (ID 1000, Level 2, Spot 20). Our Mustang driver also moves from spot 2 to spot 12. BUT, Tinyboard’s ticketing system does something odd, it changes its ticket ID when it makes another log entry (ID 200, Spot 12).

So, imagine it was illegal to park in these places at the time the above parking occurred. When the cars leave, the ticket booths record all the information on the cards and ties them to the data linked to their plates. Now as explained above, PHPBB’s ticket booths are actually keeping business records and Tinyboard’s booths are not, they are collecting information solely to prosecute illegal parkers. So the ticket booth logs look like this:

Lot NameTicket IDTime InFloorSpotCar TypeTime Out
PHPBB100012:01:30210Camaro
PHPBB100012:03:20220Camaro
PHPBB100013:00:10
TINYBOARD10012:01:3012Mustang
TINYBOARD20012:03:20112Mustang
TINYBOARD30013:00:10

Now, if you happen to know how these ticketing system logs are supposed to look, you see a glaring anomaly with Tinyboard’s logs. The Ticket is changing its ID with every move, when it shouldn’t. PHPBB’s log looks legitimate, it says the Camaro got a ticket and parked in spot 10, then moved to spot 20, then left the garage about an hour later. Tinyboard’s log says the Mustang parked in spot 2, then left without registering, then returned and parked in spot 12, then again left without registering, then returned and left immediately. As anyone can see, that log is nonsensical.

Now, when you bring it to the parking lot’s prosecutors attention, he fails spectacularly at explaining the anomaly and you request all parts of the system to investigate. You find out that: 1) Tinyboard’s lot doesn’t have a ticket system and 2) the prosecutor installed the system solely for prosecution and 3) the prosecutor has destroyed the ticket booth and camera log computer!

bookmark_borderFreedom Of Information Act – Response

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…Based on the information you provided, we conducted a main entity search of the Central Records System (CRS) per our standard search policy. However, we were unable to identify records subject to the FOIPA that are responsive to your request. Therefore, your request is being closed…

Signed, Michael G. Seidel

Yeah, a major “cover up” is in progress y’all! The fact that this took almost a year for them to generate this non-response is irrefutable proof of their institutional malfeasance in my opinion…

bookmark_borderEveryone is Under Surveillance

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Hopefully, you’ll never need to use anything you’re about to read; but, the sad fact is that the United States of America is becoming a Police State, when compared to free states like Canada. Therefore, unfortunately, it is appropriate to start acting as such – since there are least 4,450 federal crimes, the chances that you are guilty of a least one of them is highly likely. Consider, for example, the simple fact that using a fake name online or sharing your Netflix account are crimes under the broadly worded Computer Abuse and Fraud Act (CFAA).

I used those two examples to drive home the stark reality. Due to our digital surveillance state, all of the crimes that you have committed “online” or “on camera” are known (or could be known) to the over 100,000 federal agents AND the only thing stoping them from prosecuting you, sadly, is their limited time.

So let’s discuss how they spend their time. Before we went down the path of becoming a police state, there were far fewer federal agents and they didn’t do anything until someone complained to them about someone doing something illegal. If they found the complaint credible, they would investigate. This process took up all of the available agents time. (And when the did have spare time, they spent in on harassing civil rights activists or investigating congressmen for black files) Now, in the digital age, there is another activity for them to spend their time on, they try to prevent crime. And you should note that “crime prevention” is a purely police state activity because it is in direct opposition to our bill of rights.

No matter how their investigation started, their initial goal is to acquire enough evidence to get a judge to issue a warrant (arrest or search) against the subject. Most of the time they request a search warrant to obtain evidence to support an arrest warrant. In either case, your first notification that they’re investigating you usually arrives with them knocking on (or knocking down) your door. You should not that their intrusion lightly (i.e. “a simple misunderstanding”) and exercise your Fifth Amendment right to remain silent and your Sixth Amendment right to counsel as soon as they try to talk to you. I cannot stress enough how important it is for you to remain silent and demand a lawyer. You need to resist the natural human urge to co-operate and be cordial. The agents aren’t your friends and quite often they aren’t good people. They are zealots, pathetically committed to an erroneous sense of infallibility.

It’s important to remember the hurdles they had to surmount to be at your house. They had convince a judge that you are probably guilty of a crime AND that they have probable cause to believe that they will find evidence of that crime at your location. Therefore, there is absolutely no need for them to converse with you in any way, that’s why – under our Constitution – you are under no obligation to assist them in their search in any way AND I strongly suggest you enforce that right.

To help you in this defiance, I suggest you leave the premises because you do not have to be there. I understand the temptation to want to stay and watch the jackbooted thugs rummage through your belongings, but it is a waste of your time. Thugs do what thugs do. Remember, they are zealots who are already sure that you committed whatever crime they are investigating, it’s time to get a lawyer.

bookmark_borderTrump’s 2023 Indictment

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As I noted in an earlier post regarding Trump’s indictment, it isn’t a matter of “if” but “when”. (As this legal commenter points out). Trump has never been in this kinda trouble before and because he isn’t that bright, he doesn’t understand what’s coming in 2023. The documents case is pretty much done, it’s just a matter of presenting it to a jury (grand then trial) and both will come to the same conclusion, Trump is very guilty. Then it will be up to the judge to punish him, and this is where things will get draconian and perhaps expose our clearly unfair federal sentencing procedures.

You see, under those draconian procedures, the Judge will be able to consider “uncharged conduct“. For example: in the Silk Road case, the judge used a Maryland indictment against Ross during sentencing. As “Reason” explains in the “uncharged conduct” link, the Supreme Court declined to hear his challenge to this unfair sentencing procedure.

So, one of the many good things that may come from a Trump conviction will be, perhaps, the SCOTUS addressing this fundamentally unfair procedure after the Judge uses it to put Trump behind bars for whatever is allowed by the statutes & number of counts he’s convicted of… (The government could charge Trump individually for each document illegally in his possession, so based on a 20 year maximum penalty for each document, it would be easy for the judge to put Trump away for life by “stacking” the sentence.)

Regardless, 2023 is going to be a very bad year for Trump.

bookmark_borderEven More Proof of my Railroading

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The incompetence and dishonestly in my case probably shouldn’t surprise me anymore, but it does. I just found a transcript online. It documents how my lawyer betrayed me On Monday July 27, 2015 by attending a conference hearing about my then pending trial without telling me… and it provides several smoking guns.

First, it shows Keith Becker allowed the judge to continue to be confused about the venue of the charges. The judge wrongly thinks that my case is like Tidwell’s. It’s not because Tidwell was accused of visiting the other website in the sting, that ran on PHPBB software.

Second, it showed Becker misled the judge about the venue for the charges by agreeing with the wrong statement that my case was like Tidwell’s, when he knew that it wasn’t. (i.e The Daubert motion wouldn’t kill Tidwell’s prosecution)

Finally, it shows that my lawyer stated that he was confused about everything and was relying totally on the shills, that he wouldn’t fire. (And still won’t tell me why he didn’t fire them.)

The more I dig, the more frustrated and confused I get. This was a serious conspiracy… Still waiting for the FOIA requests to get processed. SMDH

bookmark_borderMore Proof of my Railroading

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I guess I can understand why some might be skeptical despite the evidence thus provided on this site. Behold the Void Ab Initio warrant that started my railroading. As you can see the warrant’s first page, it is void (invalid) on its face (legalize for obviously) because it says it’s for “Nebraska and elsewhere” and it’s signed by a Magistrate Judge named Gosset who didn’t have any authority to issue a warrant for “elsewhere” or anywhere outside of the district of Nebraska. (See US v Horton for the particulars). In sum, the NIT Warrant was challenged on this ground (being void ab initio) in a subsequent case (Operation Pacifier 2015) and all the circuits gave the FBI the “good faith” exception without acknowledging that this was their second (Operation Torpedo 2012 was first) infraction. Therefore had any of the Operation Torpedo defense lawyers been competent, Operation Pacifier wouldn’t have happened…

On the second page you can see that the “NIT” was deployed at 7pm on November 18, 2012. If you view the graphic on my about page you’ll see that my IP is accused of loading two html files from TB2 @ 7:12 & 7:15pm CST. That means the only time my IP visited TB2 was 12 and 15 minutes after the NIT was deployed on TB2 and my IP never visited the site again during the two week sting operation. Which, or course, is suspicious…

On the third page, you can see that the NIT will deploy to any IP address that loads any page on TB2, regardless of what caused the request. For example, a redirect or an iframe call will all be considered “accessing”, this – of course – is nonsense.

On the Final page you can see that the FBI lied about what they were searching for because, as the new expert report, indicated: “A unique session identifier sent by Hidden Service B” doesn’t exist because Tinyboard doesn’t issue session ids to visitors.

voidadinitio