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I. The Investigation
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I. The Investigation
by Steve Schroeder
The Lure: The True Story of How the Department of Justice Brought Down Two of the World’s Most Dangerous Cyber Criminals
Copyright
Dedication
About the Author
Acknowledgments
Introduction
Why Read This Book?
I. The Investigation
1. Speakeasy
The Birth and Evolution of the Internet
An Intruder Enters Speakeasy
Speakeasy Responds
An Important Customer Is Harmed
2. The Investigation Begins
The Landmark Privacy Act Case
The Secret Service Gets Involved
Steve Jackson Games Sues the Secret Service
Aftermath
Steve Schroeder Becomes an Assistant United States Attorney and Moves to Seattle
Steve Becomes a Computer Crime Specialist
The Seattle FBI Office Forms a Computer Crime Squad
Amazon.com Is Defrauded from Russia
3. The Lure
Multi-District Cooperation Begins
Online Information Bureau in Connecticut Is Hacked
The Investigation Expands
Defeated by the Young Hacker, Lightrealm Attempts to Co-Opt Him
The Lure Begins
“Invita” Is Born
Vasily Gorshkov Puts in an Appearance
A Honeynet Is Created to Test the Hackers’ Skills
Alexey Demonstrates His Skill
4. The Sting
The Russian Hackers Arrive in Seattle
At the Undercover Site
While Alexey Views Websites, Vasily Takes Charge
Gorshkov Connects to tech.net.ru
Gorshkov Continues to Display His Knowledge
The Take-Down
5. In Custody
The Ivanov Interview
Gorshkov’s Interview
The Prosecutors Stand By
The Interviews Resume
A Lawyer Is Arranged for Gorshkov
The Russians Have Their First Appearance in Court
Special Agent Schuler Connects to the Russian Computers
Special Agent Schuler Gets Expert Help
The Department of Justice Is Informed of the Initial Download
The Downloads Are Vetted
6. PayPal
The National Infrastructure Protection Center Offers Its Help
Floyd Short and Phil Attfield Join the Team
User Accounts Are Scrutinized
The Trial Is Postponed Until Spring
PayPal and eBay
How Hackers Got In—Or Did They?
Greg Stivenson Makes an Appearance
Steve and Marty Visit PayPal
John Kothanek Refines His Loss Figures
Tad Brooker, an Online Seller of Computer Components, Ships Processors to Greg Stivenson in Kazakhstan
7. A (Not So) Brief Primer on National Security Investigations
Technology Always Evolves Faster than the Law
The Supreme Court Limited the Applicability of the Fourth Amendment to Searches Involving Physical Trespass
Nearly 40 Years Later, the Fourth Amendment Was Reinterpreted to Cover Telephone Conversations
Were Wiretaps Simply General Searches?
How Could Law Enforcement Particularly Describe Conversations that Had Not Yet Taken Place?
As the Telephone Replaced Physical Letters as a Means of Communication, the Government’s Ability to Lawfully Seize Communications Eroded
The Standard Quickly Evolves to Allow Limited Wiretaps
Domestic Security Wiretaps Are Covered by the Fourth Amendment
What About Foreign Intelligence Gathering?
How the Fourth Amendment Affects Foreign Intelligence Surveillance
8. The Motion to Suppress and Preliminary Skirmishing
Privacy Laws and Precedent on the Internet
The David Case Had Something for Everybody
Courts in the U.S. Lacked Jurisdiction to Issue a Warrant to Seize Information in Russia
The Temporary Impounding of Evidence to Protect It from Destruction Is Generally Okay
“Search” and “Seizure” Are Not the Same Thing
The Act of Copying the Information Did Not Amount to a Seizure
District Judge John Coughenour Is a Quick Study
The Hearing Begins
The Sentencing Guidelines Discussed
U.S. Requests for Assistance Went Unacknowledged
Communications Regarding Gorshkov Are Introduced
Gorshkov’s Interview
The Undercover Agent Testifies
Eliot Lim Takes the Stand
The Cross-Examination of Eliot Lim
Mike Schuler Takes the Stand
Robert Apgood Testifies as a Defense Witness
9. Preparing for Trial
The FBI’s Download of Data from Russia Had Not Run Afoul of the Fourth Amendment
A Final Continuance
Paperless Trials Are Not Really Paperless
A Creative Solution Is Found
Alchemy Did Not Turn Lead into Gold, but It Worked Pretty Well
The Case for CTS, eBay, and PayPal
Assessing the Damage to PayPal
Assessing the Damage to eBay
Assessing the Damage to CTS
The CTS Evidence Is Reviewed
CTS Undertakes to Co-Opt the Hacker in an Attempt to Control His Activities
The Successful Trip Wraps Up
The Case for Credit Cards and Banks
The National Infrastructure Protection Center at FBI Headquarters Issues an Advisory, Warning the IT Community of the Activities from Russia
II. The Trial
10. The Trial Begins
Early Skirmishing
The Jury Is Empanelled
The Government’s Opening Statement
The Defense’s Opening Statement
The Trial Proper Begins
Special Agent Patel Introduces the Communications with the Defendant
Special Agent Mallon Sets the Scene
The Jurors Hear Gorshkov Talking About His Company
The Undercover Recording Is Played
The Parties Had Some Disputes Over the Transcript
The FBI’s Russian Language Expert Authenticates the Transcript
Curtis Rose of Sytex Explains the Hacks into His System
The Cross-Examination of Curtis Rose
The Trial Day Was Over, but the Work Was Not
Issues with the Transcript, Revisited
The Taped Telephone Conversation with Alexey Is Played
The Undercover Videotape Is Played
Ken Kanev Cross-Examines on the Recordings
Redirect and Day’s End
11. The Download Revisited
The Trial Is Delayed
Witnesses Had to Be Rescheduled
The Trial Re-Commences with Technical Evidence
Rob Apgood Cross-Examines Eliot
On Redirect, Eliot Is Allowed to Clear Up Possible Confusion
Mike Schuler Takes the Stand
Gorshkov’s Post-Arrest Interview
An Internet Protocol Directory Is Introduced to Guide the Jurors
The WinWhatWhere Output Log Is Introduced
Mike Successfully Logs On to the tech.net.ru Computers
A Disturbing Message
Mike Schuler Resumes the Witness Stand for the First Round of Cross-Examination
The Technical Cross-Examination Begins
Eliot Lim’s Assistance Is Questioned
St. Clair County Intermediate School District Evidence
Joseph Kim Explains Intrusions into Nara Bank
A Good Day, but Work Remained to Be Done
Mr. Kim’s Cross-Examination Is Brief
The CTS Witnesses Are Called Somewhat Out of Logical Order
An Expert on PERL Is Engaged
Expert Witnesses Are Covered by Special Rules that Allow Them to Express Opinions
Experience and Common Sense Prevail
The Exhibit List Itself Becomes an Exhibit
The Evidence from CTS Is Authenticated and Admitted
American Express
FBI Computer Analysis and Response Team Forensic Examiner Takes the Stand
A Workaround Is Decided Upon
12. The Expert Speaks
At the Weekend Recess, Judge Coughenour Again Admonishes the Lawyers to Move More Rapidly
Phil Resumes His Testimony
Gorshkov’s Home Directories Were Full of Incriminating Evidence
Phil Explains Some of the PERL Scripts Found on the Russian Computers
A Detailed Analysis of the PERL Script proxy.sql
Password-Cracking Program Found on Gorshkov’s Account
How the Hacking Tools Worked Together
PERL Scripts Designed to Open Email Accounts
MyOwnEmail Witness Explains How His Company Does Business
More PERL Scripts Explained
After the Noon Recess, Phil Ran a Hacking Program
With the Technical Demonstration Having Succeeded, Phil Quickly Wrapped Up His Direct Testimony
The Cross-Examination of Phil
An Account on a Computer System Is Not a Person
The Reconstruction of the File Systems Is Probed
The Cross-Examination Continues
An Exhausted Witness Is Led into a Mistake
The Recovery
Things Get Off Track
The Redirect Clears Up Ambiguities
13. The Prosecution Wraps Up
The Guy from Lightrealm Was Stymied by the Young Hacker
Gorshkov’s Verio/Webcom.com Intrusion
Scott Wertheimer Identifies Verio Files Found on tech.net.ru
Perry Harrington Produces an Account Opened by Gorshkov with a Stolen Credit Card
Massive Inquiries at eBay Are Identified
A Representative Seller of Computer Components Tells His Story
The Reality of Trying Complex Cases
PayPal, the Primary Victim, Presents Its Evidence
Special Agent Marty Prewett Ties It All Together
Some Concerns Regarding the Defense Case
Cross-Examination of the Case Agent Concludes
The Cross-Examination Ventures into Uncharted Waters
The Prosecution Rests, but Was It Enough?
14. The Defense Case and the Conclusion
Maxim Semenov’s Honest Answers During Cross-Examination Rendered His Testimony Harmless
Gorshkov’s Brother Tries to Help Him
The Defendant Takes the Witness Stand
Gorshkov Expands His Business
The Invita Invitation Appears
Gorshkov Puts Words in Ivanov’s Mouth that Could Not Be Tested by Cross-Examination
Gorshkov Attempts to Pass Off His Hack into Verio
Rob Apgood Attempts to Elicit More Technical Testimony
The Defense Wraps Up
The Cross-Examination of the Defendant
Floyd Short Takes a Turn at Cross-Examination
Ken Kanev Attempts to Mitigate the Damaging Testimony of His Client
The Defendant Is Allowed to “Explain,” Unassisted by Questions
Closing Arguments of Counsel
Closing Argument for the Defense
Floyd Argues in Rebuttal
The Prosecution Team Depressurizes
The Verdict
15. Sentencing and Other Aftermath
Gorshkov Is Sentenced
Both Parties Forgo Their Appeal Rights
Rumblings from Russia
Alexey Ivanov’s Situation in Connecticut
Alexey Ivanov’s Background and Personality
The Russian Perspective on Hacking and Computers
In Contrast to Legitimate Work, Crime Paid Well
Gorshkov and Ivanov’s Businesses, in a Nutshell
A Close Approximation to Justice Had Been Achieved
III. Appendixes and Supplementary Materials
A. Superseding Indictment
B. Certification of Service
C. Government’s Response
D. Order
E. Exhibit List
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Introduction
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1. Speakeasy
Part I. The Investigation
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