Without Notice, a Self-Scribed Hacker’s Computer is Seized

25 October 2013 Internet, IT & e-Discovery Blog Blog
Authors: Peter Vogel

To avoid a likely disclosure of software a Judge issued an order to allow the seize of a hacker’s computer based on evidence that in the defendants’ “own words” that they ” are hackers” as reported by Computerworld. Recently US District Judge Lynn Winmill in Idaho issued an unusual order granting a motion for injunction without notice for fear that since the defendants were hackers that they would disclose the plaintiff’s software that included the following justification:

By labeling themselves this way, they have essentially announced that they have the necessary computer skills and intent to simultaneously release the code publicly and conceal their role in that act.

Computerworld identified that Judge Winmill’s “ruling has potential Fourth Amendment implications against unreasonable search and seizure” since the defendants did know about the motion for injunctive relief let alone make arguments in defense to Judge Winmill.

It will be interesting to watch this case to see how the defendants respond.

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