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Brian Levine

๐Ÿ‘ค Speaker
268 total appearances

Appearances Over Time

Podcast Appearances

Darknet Diaries
175: Bayrob

It just made us think we had the right people.

Darknet Diaries
175: Bayrob

But for quite a bit of time at that point, we're like, all right, we think we know who the three people are, but we just don't because they're encrypting everything.

Darknet Diaries
175: Bayrob

We don't really have enough evidence to extradite them or to indict them.

Darknet Diaries
175: Bayrob

The reason we had to talk to the DAG, if I remember correctly, was this was the first time in the history of the Department of Justice that we did a wiretap on a server.

Darknet Diaries
175: Bayrob

Previously, wiretaps were invented because of phones.

Darknet Diaries
175: Bayrob

You would listen to the mafia talk to each other.

Darknet Diaries
175: Bayrob

You'd listen to the narcos talk to each other.

Darknet Diaries
175: Bayrob

And they're like, wait, this is a computer.

Darknet Diaries
175: Bayrob

Why would you even do a wiretap?

Darknet Diaries
175: Bayrob

And there were arguments that we didn't even have to, but we wanted to have belt and suspenders.

Darknet Diaries
175: Bayrob

We didn't want to make any mistakes here.

Darknet Diaries
175: Bayrob

And because we were getting contemporaneous electronic traffic through the server, we wanted to have a wiretap.

Darknet Diaries
175: Bayrob

But this confused a lot of people in the Department of Justice who didn't quite get it.

Darknet Diaries
175: Bayrob

You said that, you know, normally the bad guy only has to be right once and that was sort of flipped around.

Darknet Diaries
175: Bayrob

But that's potentially to identify them.

Darknet Diaries
175: Bayrob

Remember that when, in order for us to indict them, extradite them, and then if they want to go to trial, which these cyber criminals almost always do,

Darknet Diaries
175: Bayrob

we had to be able to prove guilt beyond a reasonable doubt.

Darknet Diaries
175: Bayrob

And these cases are a lot harder to do that with than with a standard case because you've got to remember you're dealing with a jury.

Darknet Diaries
175: Bayrob

So ultimately, it's not like you're going to be able to go to trial on one mistake.

Darknet Diaries
175: Bayrob

You're going to have to build a body of evidence.