Originally Posted by
TheTexan
Allegedly.
Okay. Fine. Let's go with that. Saying someone allegedly used his platform to recruit people to sell drugs and that person allegedly hired a hitman to kill people is 180 degrees from saying this person built a protocal, put it out in the wild for people to use, and some people using the protocal did some bad things with it. I went back and looked up Ross Ulritch's defense. It consisted of admitting that at one point he ran the platform, again not just writing the protocal but running the platform, but claimed all the bad stuff was done by a successor that was framing him even though some of the incriminating chat logs were on Ulritch's laptop. (Hmmm....kind of sounds like Hunter Biden's laptop). The other argument was that Bitcoin isn't real money so it can't be used for money laundering. (That didn't fly for obvious reasons as people were using it to buy and sell drugs). Then there was the "landlord" defense alledging that landlords can't be help responsible for the things their tenants do. I don't think that defense would work if a landlord actively recruited drug dealers and then offered to do whatever the could to help facilitate their drug business. The defense also tried to use the Communication Decency Act as a defense. But that didn't work for Backpage.com.
The law does not require a named victim. If everything you said is true, that they have sufficient evidence to determine that he hired a hitman for murder, that is plenty to convict. The murder for hire laws do not require a named victim, only that a person intended to hire a hitman to commit an illegal murder. Does the name of the person make the murder any more or less legal?
If I hire a hitman to kill Elmer Fudd, and I'm really just talking about the cartoon character, not a real person, is that a crime? Now, at the end of the day, I can't say for sure why they didn't try to charge him with solicitation for murder. But they did charge him and get a conviction on the other crimes so maybe they could have gotten a conviction on the (alleged) murder for higher scheme. Okay. All you've shown is prosecutorial cold feet on something they could have gotten a conviction on.
Anyhow, here's a deep dive into the "alleged" solicitation for murder conversation that somehow found it's way on Robert's laptop. (He should have been using that Linxu TOR bootable drive in the video I gave you that was not running on windows. )
Dread Pirate Roberts 3/29/2013 22:55: Hi again R&W,
I hate to come to you with a problem when we are just starting to get to know one another, but Blake (FriendlyChemist) is causing me problems. Are you still looking for him or now that you've found Xin have you given up? I would like to put a bounty on his head if it's not too much trouble for you. What would be an adequate amount to motivate you to find him?
Necessities like this do happen from time to time for a person in my position. I have others I can turn to, but it is always good to have options and you are close to the case right now. Hopefully this is something you are open to and can be another aspect of our business relationship.
Regards,
DPR
Redandwhite 3/30/2013 00:42: What is the problem? We usually tend to stay away from hits as they are bad for business and bring a lot of heat. Is it a problem that can be resolved or does it need to be dealt with sternly?
As of right now, we don't care about him because we retrieved more from Xin than what he took from us, and he also paid for it with his life. Debt paid in our books. As far as rates go, we don't have a flat rate for things like that. It's on a case by case basis. Usually we pay our hitters a percentage of what the person owes +/- how much they can retrieve. If it's strictly a hit because they don't want the person around anymore it's also different. Does he owe you money or do you just not want him around anymore? I can send a couple of my guys to do recon to find out exactly where he is right now in the meantime until I hear back from you.
Dread Pirate Roberts 3/30/2013 1:55: If you can find his location, that may be enough for me to scare him off. He is trying to blackmail me. Just let me know what you need to make this worth your while.
And here's the crime of solicitation.
(a)Whoever, with intent that another person engage in conduct constituting a felony that has as an element the use, attempted use, or threatened use of physical force against property or against the person of another in violation of the laws of the United States, and under circumstances strongly corroborative of that intent, solicits, commands, induces, or otherwise endeavors to persuade such other person to engage in such conduct, shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than twenty years.
(b)It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited. A renunciation is not “voluntary and complete” if it is motivated in whole or in part by a decision to postpone the commission of the crime until another time or to substitute another victim or another but similar objective. If the defendant raises the affirmative defense at trial, the defendant has the burden of proving the defense by a preponderance of the evidence.
(c)It is not a defense to a prosecution under this section that the person solicited could not be convicted of the crime because he lacked the state of mind required for its commission, because he was incompetent or irresponsible, or because he is immune from prosecution or is not subject to prosecution.
So maybe the prosecutors felt that moving from "Can you kill the guy" to "Well just scare him off" was enough of a defense under the "voluntary and complete renunciation of his criminal intent" clause. Regardless, there is no dispute that this information was in the chat logs on Ulritch's computer. Maybe it's like the tranny porn found on Alex Jones' phone?
The simple fact of the matter is, they didn't have the evidence to prove Ross participated in those conversations. It could have just as easily been either of the 2 convicted corrupt FBI agents who had full access to the DPR account. The conversations could have been a FBI sting operation against the hitman or a complete fabrication.
The evidence was admitted by Ulritch's defense attorney to be on his computer. Other evidence from the same chat logs were used to convict him of the crimes he as convicted of. And all of this evidence was admitted to court. But okay. Let's go with the sting operation argument. If that's the case he could have raised the defense of entrapment provided that the hitman goaded him into contracting a hit. "I know you have this problem with a blackmailer. I can help you with that." Sounds like the opposite happened but okay. But it's possible that Ulritch decided to "voluntarily withdraw" the hit offer after the hitman said it wasn't a good idea and that might be a good enough defense under the statute for the solicitation crime while still allowing the evidence to be admitted to show state of mind for other crimes that he actually was charged and convicte4d of.
Considering that the protocol was designed specifically for drug dealing and other black market activities, no, there's not really any meaningful difference.
Silkroad wasn't just a "protocol" it was also a platform and the platform at one time was run but Ulritch. He didn't just write a whitepaper on what could be done and upload code to github for anybody to download. He was convicted based on incriminating chat logs that somehow found his way on his laptop about a platform his lawyer admitted in court that he initially ran.
In a similar manner, Telegram was designed specifically to allow for people to use encryption to hide potentially illegal communications from their local governments. That is the purpose of the software, the purpose of the protocol.
You realize that Telegram is a platform right? Yes the people who wrote the protocol behind Telegram run Telegram but they also run the platform. You're basically back to what I've been saying from the beginning. Once you create a platform it's possible for a government to hold you responsible for the platform not the protocol. I know you complained about how long my writing style is but I try to explain what I'm saying so it can be understood and apparently I'm failing at that with some people. Not sure how to fix that. But I'll reiterate this one more time. A centralized platform that has a CEO and that has the ability to block content on the platform can find itself in hot water by unscrupulous governments. This is from Telegram's mission statement.
Q: Wait! 0_o Do you process take-down requests from third parties?
Our mission is to provide a secure means of communication that works everywhere on the planet. To do this in the places where it is most needed (and to continue distributing Telegram through the App Store and Google Play), we have to process legitimate requests to take down illegal public content (e.g., sticker sets, bots, and channels) within the app. For example, we can take down sticker sets that violate intellectual property rights or porn bots.
User-uploaded stickers sets, channels, and bots by third-party developers are not part of the core Telegram UI. Whenever we receive a complaint at
abuse@telegram.org or
dmca@telegram.org regarding the legality of public content, we perform the necessary legal checks and take it down when deemed appropriate.
Please note that this does not apply to local restrictions on freedom of speech. For example, if criticizing the government is illegal in some country, Telegram won't be a part of such politically motivated censorship. This goes against our founders' principles.
While we do block terrorist (e.g. ISIS-related) bots and channels, we will not block anybody who peacefully expresses alternative opinions.
So. Telegram, by it's own admission, has the willingness and ability to take down terrorist content. That means they have the ability, but not the willingness, to take down Israeli state secrets. In a truly decentralized system nobody has the ability to take down content! That means if ISIS really wants to put up a video of someone being beheaded and burned to death, on a truly decenralized system nobody can do anything about that.
The protocol and how it is used is extremely tightly coupled. Whether people are prosecuted "for the protocol" or "for how its used" is not a valuable use of time debating.
If you simply don't want to understand the difference, okay. It's not worth debating. But at least you learned that Network Chuck wasn't using Windows to access the dark web. That's worth something at least.
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