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mrmustard

What to do if you get caught?

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What should one do if they get caught for something H/P related? Any tips would be greatly appreciated.

Thanks

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Never rat on your friends and always keep your mouth shut.

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Depends on the given situation.

I was part of a warez group, and one of our leaders was apprehended by the FBI and all his computers and equipment taken away. He mounted a defense; months passed. Ultimately, he was let off on minor charges. It was surprising how little information they actually extracted from the whole situation.

The defense you mount depends on your situation. For example, you can have a bunch of software in your possession - but as long as they arent installed than the EULA is void and therefore they are not illegitimate. There will always be something. A hole.

That said don't do anything stupid that would warrant an investigation into your activities. In our case it was due to a past grudge.

Edited by Seal
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In our case it was due to a past grudge.

I'm intrigued. What happened, if you don't mind me asking?

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In our case it was due to a past grudge.

I'm intrigued. What happened, if you don't mind me asking?

Nothing spectacular.

Someone wanted our site's URL of all things. We said no. He had also been a problem to deal with in the past on other issues. E-Mails got exchanged; mainly with him and the leader of the group. Anywho we refused to give him the website.

He called up the local police dept and made a bunch of claims about our activities. Police called in FBI. They came in, took all the stuff, arrested him on front of his family, and the rest is history. The FBI still has yet to return some of the things... its been over 2 years now. I guess that because the FBI still believed the claims to be true, the other dude didn't get in any trouble over the affair.

Edited by Seal
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we need more information on the situation to help you. You should read articles on interrogation and even set up some. Keeping your mouth shut is your best option. Read the guide to prison life by Agent_steal and learn about past cases. Get a good lawyer, it will really pay off. Delete all your data with more than 3 passes and reformat your hard drive. It is worth the effort. If you encrypt your data be sure to have the keys on removeable storage WITH YOU AT ALL TIMES. Then when the police arrest you, you can destroy your keys (throw them, eat them, pee on it, crush it, etc.). Flash drives are good for encryption keys.

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The best defense is to not get into the situation to start with. If you break the law, sooner or later it will catch up with you. There's a LOT of hacking that you can do and things you can learn about that won't get you into trouble, and that's what hacking is about — learning, experimenting, building, acquiring knowledge firsthand.

If you've already done something illegal and have been caught you need a good lawyer, and you need to be entirely truthful with them. Do remember, however, that you have the right to not incriminate yourself. Hopefully you aren't in too much trouble and you will have learned that illegal "hacking" isn't worth it.

PF

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A thing I learned for the movie Training Day. Pack your ass with peanut butter on the day of the trial or court case. While in court take a hand of that thick peanut butter and lick your hand clean. Make sure to stare straight in the eyes of judge while eating and licking the peanut butter off your choosen hand. Then the judge might think your mental and let you get away with a couple of months in a nut house. :grr:

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if you are stupid, then you get caught... i've had close calls, and as such, i have one piece of advice: always be ready to hit the road; always have a bag packed.

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It's been said but it's worth mentioning again, this applies not only to a "hacking" related crime but to anytime your faced with a breach of the rule of law.

Let's all say this together guys... "I refuse to answer any questions without representation from a lawyer" Short, sweet, and impossible to argue with. As soon as you say that they can't question you any further. Be clear, and repeat it if they keep trying to ask you questions. "I refuse to answer any questions without represenation from a lawyer." Right along with this goes "No, I do not give you consent to do (whatever it is they want to do)" Yell it outloud if your in a public place, draw attention to yourself, the more people that are watching the better your chances of getting a fair shake.

-Dr^ZigMan

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or just pull out a gun and see how many you can take down. while leaveing a round for yourself :)

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I agree with most of what has been said here. From my own experience with the law (not hacking), I have learned:

1) Say nothing, but be polite.

"I refuse to answer any questions without representation from a lawyer"
Yep.

2) Try not to sweat it too much. I know that's easier said than done, especially when you hear the long list of charges and the maximum penalties and all, and your parents are freaked, but there's a good chance many of the charges will be dropped/reduced. There's really not much you can do about it now.

3) Lawyer-- get one, and a good one. Be honest with him/her. That person speaks for you.

4) Time-- there's lots of time and stalling tactics that take place. That works to your advantage.

5) If you can't access a dumpster that's far from your residence, and you can't do it when you're sure you're not being watched, put it off. Destroying evidence is another charge you don't want.

6) Oh, and if you do end-up in jail, and people ask you what you're in for, let them know, if you want, but don't ask them the same question. They really hate that.

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I dont know if I should be posting this, but what the hell. As someone who HAS been arrested, lost a job as a sysadmin, and had his name smeared, but ultimately had the chrages dropped (because the prosecuter had no case, and knew this...) The best advice I can give is that IF you find yourself in the unfortunate position of being arrested, there is one thing i can reccomend whole heartedly. That is (and this applies even if you KNOW that you are innocent, as I was) that you should not volunteer ANY information to the cops. That means MAYBE answer the questions they ask, but certainly ask for an attourney to be present if you have any kind of weird feelings about said question. If you cannot have an attourney present during the questioning (as is often the case in the initial booking/arrest process) you ARE NOT obligated to answer anything they ask you. Dont believe anything they say about cutting a deal, going lightly, etc. Most of the time, police are not in a position to make these sorts of deals with you. Basically, talk as little as possible, be comfortable with silence, and firm in demands to speak with an attourney.

hope this helps

blacklines

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or just pull out a gun and see how many you can take down. while leaveing a round for yourself :)

We'll see how far you get with that :D

I second the "I refuse to speak without a lawyer." Don't tell them shit.

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I have always had some cash put away and I thought if I ever had gotton caught I could use it goto Canada or some other country so I could lay low for a while, but thats just me..

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I have always had some cash put away and I thought if I ever had gotton caught I could use it goto Canada or some other country so I could lay low for a while, but thats just me..

Extradition's a bitch, ain't it? :P

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also as somone who got arrested, try to avoid any convos with the cops, they can take what you say and twist it around. if you cant afford a good lawyer, you can get a public defender, but i really really sugest you get a good lawyer.

In most of the hacking cases that i have seen, and studied after i was arrested, the case was sketchy at best. they usualy say they are going to throw you in jail for 50 years or more, but if you tell them everything, they will get it droped to 5 years. if your told this, its a safe bet that their case is crap. again DONT SAY ANYTHING

also, even if your so guilty it is not funny, do not lie to your lawyer. if you tell him you did none of it, he has to go on the assumption that you did not do it, which can hurt you bad in the end. if your guilty, he can work other angles at getting it thrown out. also, be polite, but ask for copies of everything,

when i got poped, they said that if i owned up to everything, and told them who was in it with me, they would get me a defered judgement. i refused, and the case was droped.

also, side note. if you are guilty, go trial by jury. if your innocent, trial by just the judge. i know it sounds risky, but if your really innocent, you dont have to try to convince 12 people you are, only 1. if your guilty, your lawyer can work on the jury, and get you off.

and if you all wanna bitch about my spelling, how about a mod to the forum for a spell checker?

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In lines with what Nexis and Blacklines have said...

YOU NEVER SPEAK TO ANYONE ABOUT YOUR CASE EXCEPT YOUR LAWYER!!!!!

You wont get one until after booking and being held for a while. That means you don't talk to the cops in the car driving to the station, you don't talk to other cops who seem sentimental to your cause in the station while you are being held, you don't talk to other arestees, NOBODY!

The most they can hold you for is about 24 hours without evidence, and they will do that to wear you down and try to get you to talk. During this time if you are questioned you always ask for a lawyer and be polite. Tell them you do not answer any questions without a lawyer present and then say sorry. Just repeat that. Do not get into a conversation about it. Or anything else.

This is for being arrested period, regardless of the reason.

Also if a cop on the street wants you to stop walking and talk with them you politely tell them you have no time to stop and you must be on your way. If they insist you tell them you do not partisipate in "Field Interrogations" and you must be on your way and you continue walking.

If they have a reason to arrest you they will do it WITHOUT TALKING TO YOU FIRST. You will simply be arrested. And that doesn't mean you are guitly either.

-iNSEM

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On the thread "What to do if u get caught" sheepbyte said

"Delete all your data with more than 3 passes and reformat your hard drive. It is worth the effort. If you encrypt your data be sure to have the keys on removeable storage WITH YOU AT ALL TIMES. Then when the police arrest you, you can destroy your keys (throw them, eat them, pee on it, crush it, etc.). Flash drives are good for encryption keys."

I dont know if i am right but i seem to remember reading that u r guilty if u dont give over ur keys? I dont know if this is true is it?

Is it also good to keep a good shreader that if u have any suspisons then u can get rid of all ur data? After all ur data is the most important thing.

thanx

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Government can recover data up to 35 passes but 7 will keep most cases at bay. If you eat your keys it is destruction of evidence. You could be like "SHIT MUTHER FUCKER OF GOD" and smash them on the ground in an angry rage when they arrest you and maybe not get a charge. I don't believe you are legally required to give your keys just like you are not legally required to talk. Many times the data that is encrypted will get you more time than the keys. Shredders are worthless unless they have random shreddings (like manual shredding). Just burn your stuff.

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Government can recover data up to 35 passes but 7 will keep most cases at bay. If you eat your keys it is destruction of evidence. You could be like "SHIT MUTHER FUCKER OF GOD" and smash them on the ground in an angry rage when they arrest you and maybe not get a charge. I don't believe you are legally required to give your keys just like you are not legally required to talk. Many times the data that is encrypted will get you more time than the keys. Shredders are worthless unless they have random shreddings (like manual shredding). Just burn your stuff.

with regards to being arrested/standing trial--there is a very good section in a book called recipies for disaster put out by crimethinc entitled "Surviving a Felony Trial", Ill try and scan it when I get my copy back from a friend, but it outlines in further detail some things that might be helpful.

In specific regards to destroying your data--its a bad idea, its just one more charge they can get you with, so unless you were certain that there is no way of them knowing you destroyed said data/evidence, its probably a bad idea...

-blacklines

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In many cases (like mine) I would be better off with "destruction of evidence" than if they saw what I destroyed. I know they have people you can hire to kidnap you, do they have that for interrogation? Sounds like a good way to learn.

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nod, if you get busted destroying stuff, it implys your guilty, a good idea, get some online file storage, if you need to have the file on your local system, use a ram drive, edit it, and reupload it. keeps it off your hard drive (except for tmp files). and a lot of the time, you can find online places in countries that will tell the US to fuck off. The Republic of Georga (part of the former soviet union) is good for that.

but the best way to stay safe, is not to do anything illegal.

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