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:

  • How old is the average hacker? What does a new research report suggest? (1)
  • Virginia Twins Arrested for Conspiring to Destroy Government Databases
  • Easy Question, Complicated Answer: What Does It Take to Stop Workers From Snooping?
  • Update on Dos-OP's report on Nova RaaS
  • Cyber attack on Indian airports? Govt explains the scary threat that disrupted 400 flights last month.
  • Data breach hits 'South Korea's Amazon,' potentially affecting 65% of country’s population
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

  • Google and Apple roll out emergency security updates after zero-day attacks
  • Doxers Posing as Cops Are Tricking Big Tech Firms Into Sharing People’s Private Data
  • Virginia Urology Silent on Possible Data Breach as Purported Patient Data Begins to Leak
  • Village of Golf Manor considering paying ransom amid cyberattack (1)
  • Teen who allegedly stole millions of personal data records arrested in Spain
  • Akira ransomware: FBI tallies 250 million in payouts
  • IE: HSE confirms second ransomware attack but ‘no evidence’ patient data was stolen
  • Examining impact of federal relief program after major healthcare cyberattack — Research Brief
  • Justice Department Announces Actions to Combat Two Russian State-Sponsored Hacking Groups
  • Should entities be required to disclose the name of a vendor if the breach was at the vendor’s?

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

  • Tool allows stealthy tracking of Signal and WhatsApp users through delivery receipts
  • Oh Great, Smart Glasses That Record Everything You Say
  • CBP Agents Held This U.S. Citizen for Hours Until He Agreed To Let Them Search His Electronic Devices
  • U.S. Plans to Scrutinize Foreign Tourists’ Social Media History
  • ANNOUNCEMENT: EFF Launches Age Verification Hub as Resource Against Misguided Laws

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net
Security Issue: security[at]databreaches.net
Mastodon: Infosec.Exchange/@PogoWasRight
Signal: Dissent.73
DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.