DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Government’s Response to Malware Defendant’s Constitutional Challenge Falls Short

Posted on April 23, 2018 by Dissent

Alexander Berengaut writes:

Last summer, Marcus Hutchins, the security researcher who stopped the “WannaCry” malware attack, was arrested and charged for his role in allegedly creating and conspiring to sell a different piece of malware, known as Kronos.  As we have previously discussed on this blog, however, the indictment was notable for its lack of allegations connecting Hutchins to the United States, which raises constitutional due process issues, and Hutchins subsequently moved to dismiss the indictment on this basis.

The government has now responded to Hutchins’ motion.  It makes two main arguments.  First, the government maintains—as a factual matter—that the allegations in the indictment do allege a sufficient nexus between Hutchins and the United States.  Second, the government argues, as a legal matter, that if Hutchins’ indictment is defective because it fails to allege conduct specifically directed at the United States, then there is no country on Earth where Hutchins could be prosecuted.  Both arguments appear to fall short.

Read more on Covington & Burling Inside Privacy.

Related posts:

  • Marcus Hutchins’ plea leaves unsettled whether writing certain types of code is illegal – Ekeland
Category: Commentaries and AnalysesOf Note

Post navigation

← Former gynecologist set to stand trial for patient privacy violations, lying to federal agents
Atlanta spent at least $2.6 million on ransomware recovery →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Mississippi Law Firm Sues Cyber Insurer Over Coverage for Scam
  • Ukrainian Hackers Wipe 47TB of Data from Top Russian Military Drone Supplier
  • Computer Whiz Gets Suspended Sentence over 2019 Revenue Agency Data Breach
  • Ministry of Defence data breach timeline
  • Hackers Can Remotely Trigger the Brakes on American Trains and the Problem Has Been Ignored for Years
  • Ransomware in Italy, strike at the Diskstation gang: hacker group leader arrested in Milan
  • A year after cyber attack, Columbus could invest $23M in cybersecurity upgrades
  • Gravity Forms Breach Hits 1M WordPress Sites
  • Stormous claims to have protected health info on 600,000 patients of North Country Healthcare. The patient data appears fake. (2)
  • Back from the Brink: District Court Clears Air Regarding Individualized Damages Assessment in Data Breach Cases

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • The EU’s Plan To Ban Private Messaging Could Have a Global Impact (Plus: What To Do About It)
  • A Balancing Act: Privacy Issues And Responding to A Federal Subpoena Investigating Transgender Care
  • Here’s What a Reproductive Police State Looks Like
  • Meta investors, Zuckerberg to square off at $8 billion trial over alleged privacy violations
  • Australian law is now clearer about clinicians’ discretion to tell our patients’ relatives about their genetic risk
  • The ICO’s AI and biometrics strategy
  • Trump Border Czar Boasts ICE Can ‘Briefly Detain’ People Based On ‘Physical Appearance’

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.