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posted by janrinok on Sunday June 10 2018, @11:04AM   Printer-friendly
from the it's-not-going-his-way dept.

https://thehackernews.com/2018/06/marcus-hutchins-malware.html

Marcus Hutchins, the British malware analyst who helped stop global Wannacry menace, is now facing four new charges related to malware he allegedly created and promoted it online to steal financial information.

Hutchins, the 24-year-old better known as MalwareTech, was arrested by the FBI last year as he was headed home to England from the DefCon conference in Las Vegas for his alleged role in creating and distributing Kronos between 2014 and 2015.

Kronos is a Banking Trojan designed to steal banking credentials and personal information from victims' computers, which was sold for $7,000 on Russian online forums, and the FBI accused Hutchins of writing and promoting it online, including via YouTube.

Hutchins pleaded not guilty at a court hearing in August 2017 in Milwaukee and release on $30,000 bail.

However, earlier this week, a revised superseding indictment [PDF] was filed with the Wisconsin Eastern District Court, under which Hutchins faces four new charges along with the six prior counts filed against him by the FBI a month before his arrest.

According to the new indictment, Hutchins created a second piece of malware, known as "UPAS Kit," and also lied to the Federal Bureau of Investigations (FBI) when he was arrested and questioned last year in Las Vegas.

[...] As the news on the revised indictment broke, Hutchins, who has repeatedly denied any illegal activity, called the charges "bullshit" and appealed to his Twitter followers for donations to cover legal costs.


Original Submission

Related Stories

The MalwareTech (Marcus Hutchins) Case Resets to Zero 7 comments

Independent journalist Marcy Wheeler has written a summary of the current state of the case against Marcus Hutchins. Marcus is also known online as MalwareTech and came into the spotlight last year for stopping another global outbreak of more Microsoft Windows malware.

In short, she covers the following five points about the case:

  • Motion for a Bill of Particulars with respect to CFAA charges [...]
  • Challenge to Seventh Count (CFAA) [...]
  • Motion to dismiss the whole damn indictment [...]
  • Motion to dismiss wiretapping because Congress never intended to charge foreigners with wiretapping and none of the rest of this happened in the United States [...]
  • Motion to compel the identity of Randy [...]

Marcus was arrested last year after attending a security conference inside the US.

Earlier on SN:
Marcus Hutchins, WannaCry-Killer, Hit With Four New Charges by the FBI (2018)
Researcher Who Stopped WannaCry Ransomware Detained in US After Def Con (2017)
"Biggest Ransomware Attack in History" Hits Around 100 Countries, Disrupts UK's NHS (2017)


Original Submission

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  • (Score: 4, Insightful) by JoeMerchant on Sunday June 10 2018, @11:41AM (13 children)

    by JoeMerchant (3937) on Sunday June 10 2018, @11:41AM (#691076)

    Back in the late 90s I bought a few things on eBay... then one month a $20 charge showed up on my CC from Russia. I called the CC company and got the charge reversed and within a month after that, I (not just the one CC) got perma-banned from using eBay. Seems like the Russians didn't like the chargeback fees or something and they got eBay's sympathy in the matter - fine with me, looking back at the crap I did buy on eBay and the legitimate items I tried to sell but paid listing fees and never got a bid, 20 years without eBay access is more like a bonus than a punishment.

    It could be that these charges are all true and Hutchins is really a bad dude who's stupid enough to have put himself in the limelight taking down WannaCry. It seems more likely to me that actors connected with WannaCry (or somebody else he pissed off) are piling these charges on him with planted evidence. I really have no way of knowing the truth, and the sad things are: A) just going through the trial process is a huge punishment in itself, and B) the jury isn't going to be in much better position at the end of the trial to judge guilt or innocence than I am sitting here right now.

    I hope, for karma's sake, that he's innocent and all this publicity turns into a big win for him, or that he's guilty and gets the punishment he deserves - however, it seems likely that random chance gives equal odds to the opposite actions and outcomes.

    --
    🌻🌻 [google.com]
    • (Score: 3, Funny) by LoRdTAW on Sunday June 10 2018, @01:58PM

      by LoRdTAW (3755) on Sunday June 10 2018, @01:58PM (#691095) Journal

      20 years without eBay access is more like a bonus than a punishment.

      Just think of all the money you saved not buying old computer shit.

    • (Score: 0, Insightful) by Anonymous Coward on Sunday June 10 2018, @02:34PM (7 children)

      by Anonymous Coward on Sunday June 10 2018, @02:34PM (#691099)

      It seems more likely to me that actors connected with WannaCry (or somebody else he pissed off) are piling these charges on him with planted evidence.

      JFC, has this site descended into pure conspiracy mongering? No evidence was planted, all that's going on here is that the DOJ making mountains out of molehills because the people involved are careerists and oversight has recently gone to shit.

      • (Score: 3, Informative) by requerdanos on Sunday June 10 2018, @03:30PM (4 children)

        by requerdanos (5997) Subscriber Badge on Sunday June 10 2018, @03:30PM (#691115) Journal

        planted evidence...

        [No, just] mountains out of molehills because the people involved are careerists

        Far be it from me to be a calming influence instead of a troublemaker, but it occurs to me that these can easily be two very different ways to describe the same chicanery. It's not much of a stretch.

        • (Score: 2) by JoeMerchant on Sunday June 10 2018, @03:56PM (3 children)

          by JoeMerchant (3937) on Sunday June 10 2018, @03:56PM (#691120)

          these can easily be two very different ways to describe the same chicanery

          Exactly. Whether you call it "planted evidence," or "trumped up charges showing code he wrote while a minor" or whatever else - it's making something out of nothing that should be brought up in the first place.

          I could have fought to get my access to eBay restored, but it just wasn't worth it - at all...

          They're forcing this guy to play the lawyer game, which is just as productive as Global Thermonuclear War. [rottentomatoes.com]

          --
          🌻🌻 [google.com]
          • (Score: 0) by Anonymous Coward on Sunday June 10 2018, @05:37PM (2 children)

            by Anonymous Coward on Sunday June 10 2018, @05:37PM (#691140)

            Exactly. Whether you call it "planted evidence," or "trumped up charges showing code he wrote while a minor" or whatever else - it's making something out of nothing that should be brought up in the first place.

            Hello? Words have meaning. Nobody plants weak evidence. Going to all that effort to fake something that, if it were real would barely matter?

            I don't know if you are trying to save face or really are so labile that you'll grasp at anything to validate yourself. But whatever's going on with you, its not a serious analysis of the situation.

            • (Score: 3, Insightful) by requerdanos on Sunday June 10 2018, @07:55PM (1 child)

              by requerdanos (5997) Subscriber Badge on Sunday June 10 2018, @07:55PM (#691168) Journal

              Nobody plants weak evidence.

              Planting evidence, weak, strong, or nonexistent, is a tried and tested tool of manipulation and coercion, perhaps of the subject, perhaps using the subject only incidentally to influence someone else.

              To say that "nobody" plants evidence that doesn't meet your high standards assumes that the only motive could be to have really great charges that stick as-is. However, this is only one of many motives for planting evidence, and probably not the most common one. The situation is not black and white, but has many shades of gray, in more than one dimension.

              • (Score: -1, Troll) by Anonymous Coward on Sunday June 10 2018, @09:04PM

                by Anonymous Coward on Sunday June 10 2018, @09:04PM (#691182)

                JFC, talk about goalpost moving. The OPs whole schtick was about planted evidence (and some rambling unrelated story about himself). He's obviously off the deep-end of conspiracy fantasies. You have come along and enabled his delusions by saying "Well, maybe your totally bonkers bullshit isn't true, but this enormously different thing actually counts because they are both bad!" Please tell me you are doing that on purpose and don't actually believe a turtle and a whale are identical because they both breath air and live in the water.

      • (Score: 2, Interesting) by Anonymous Coward on Sunday June 10 2018, @04:34PM (1 child)

        by Anonymous Coward on Sunday June 10 2018, @04:34PM (#691128)

        The careerists are not the problem, it is the political transients. The careerists are the last line of defense. They're the ones telling cabinet secretaries, no, you actually cannot turn your siren on go get through rush hour traffic because you have a dinner reservation (and then get fired or reassigned for it). They're the ones that keep the administration in power honest to what the law actually is, which turns out to be VERY important for the current administration. The current administration considers them disloyal because they are the ones that are telling them "no, that is against the law", and they are a particularly important line of defense because the one body that is supposed to be the check and balance has refused to uphold the Constitution and actually do its job.

        • (Score: 2, Informative) by Anonymous Coward on Sunday June 10 2018, @05:43PM

          by Anonymous Coward on Sunday June 10 2018, @05:43PM (#691142)

          The careerists are the last line of defense. They're the ones telling cabinet secretaries, no, you actually cannot turn your siren on go get through rush hour traffic because you have a dinner reservation (and then get fired or reassigned for it).

          Look, I agree with you in that the people you describe are the only ones holding the line against historic levels of corruption.
          But those people are not careerists: [thefreedictionary.com]

          Noun 1. careerist - a professional who is intent on furthering his or her career by any possible means and often at the expense of their own integrity

    • (Score: 2) by cubancigar11 on Sunday June 10 2018, @04:58PM (3 children)

      by cubancigar11 (330) on Sunday June 10 2018, @04:58PM (#691135) Homepage Journal

      In defense of eBay, they never know which side to pick, since they require both the sellers and buyers. Every 2-3 year they will change their policy to make it buyer friendly or seller friendly and vice-versa, and lose some from the other side, which is why they are a dying company now.

      • (Score: 3, Informative) by requerdanos on Sunday June 10 2018, @07:57PM (2 children)

        by requerdanos (5997) Subscriber Badge on Sunday June 10 2018, @07:57PM (#691170) Journal

        In defense damnation of eBay, they never know couldn't care less which side to pick as long as their pick moves the most dollars through their platform

        FTFY.

        • (Score: 2) by cubancigar11 on Monday June 11 2018, @01:58AM (1 child)

          by cubancigar11 (330) on Monday June 11 2018, @01:58AM (#691250) Homepage Journal

          But it doesn't, right? I used to work in PayPal when it was still part of eBay, so I know somethings about how it works. It is eBay's curse that they cater to 2nd-hand market and 2nd-hand market is full of shady sellers and buyers.

          I know you hate eBay, but let me tell you it is totally dependent on the demographic. There are countries where eBay competes directly with amazon, and there are countries where eBay is competes with craiglist.

          • (Score: 3, Interesting) by requerdanos on Monday June 11 2018, @05:42AM

            by requerdanos (5997) Subscriber Badge on Monday June 11 2018, @05:42AM (#691292) Journal

            I know you hate eBay

            No, I merely dislike their capricious and uncaring standoffishness and their unevenly enforced policies. Doesn't mean I don't buy and sell things there.

  • (Score: 1) by anubi on Sunday June 10 2018, @11:50AM

    by anubi (2828) on Sunday June 10 2018, @11:50AM (#691077) Journal

    I sure wish the powers that be would go after reliable and trustworthy software with the same zeal they pursue those who find ways of throwing monkey wrenches into it.

    --
    "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]
  • (Score: 4, Informative) by Anonymous Coward on Sunday June 10 2018, @01:34PM (1 child)

    by Anonymous Coward on Sunday June 10 2018, @01:34PM (#691091)

    Some of the best coverage of this trial comes from natsec reporter Marcy Wheel, aka emptywheel. Her latest article, [emptywheel.net] in which she shows that the code in the charges was written when Marcus was still not of legal age, and that these charges show that their actual case against him for stuff he did as an adult is weak ass.

    • (Score: 2) by requerdanos on Sunday June 10 2018, @03:25PM

      by requerdanos (5997) Subscriber Badge on Sunday June 10 2018, @03:25PM (#691111) Journal

      code in the charges was written when Marcus was still not of legal age

      Someone Who totally Isn't Me worried for years that he would be charged for the hacking, cracking, and phreaking that he did as a kid, you know, just part of the normal process of growing up as a computer nerd in times past, and if that had happened, SWIM would probably be under a jail cell somewhere. Fortunately, statute of limitations [cornell.edu] has mostly expired, according to a lawyer he consulted.

      SWIM is old enough for that, but I guess Marcus isn't.

  • (Score: 4, Insightful) by requerdanos on Sunday June 10 2018, @03:19PM (8 children)

    by requerdanos (5997) Subscriber Badge on Sunday June 10 2018, @03:19PM (#691110) Journal

    According to the new indictment, Hutchins... lied to the Federal Bureau of Investigations (FBI) when he was arrested and questioned last year in Las Vegas.

    TFS/TFA seems to present this like it's a "bad thing", but remember, the FBI is guaranteed to have been lying through their teeth the entire time.

    Hackers send random or specially-crafted data to find behaviors to exploit. Law enforcement agents tell random or specially-crafted lies to coerce subjects into revealing something that can be used against them.

    If the subject in this instance was in fact also lying, that seems incidental and inconsequential, not ominous.

    Hutchins, who has repeatedly denied any illegal activity, called the charges "bullshit"

    Amen, brother.

    • (Score: 3, Funny) by frojack on Sunday June 10 2018, @04:27PM

      by frojack (1554) on Sunday June 10 2018, @04:27PM (#691126) Journal

      But the FBI sent samples of the charges to a laboratory, and no feculent material was found, bovine or human.

      So, tack on another lying to the FBI charge.

      --
      No, you are mistaken. I've always had this sig.
    • (Score: 1, Funny) by Anonymous Coward on Sunday June 10 2018, @04:39PM

      by Anonymous Coward on Sunday June 10 2018, @04:39PM (#691129)

      You're right. The important thing here is not actual evidence and facts, but the things that YOU believe to be true are the only relevant things to consider. I applaud you for not accusing the Deep State FBI from acting against that which you believe. I don't know what your employment situation is, but I believe there is an orange-tinted fellow who has many positions open for people like you. You might want to look him up.

    • (Score: 4, Insightful) by deimtee on Monday June 11 2018, @12:25AM (4 children)

      by deimtee (3272) on Monday June 11 2018, @12:25AM (#691228) Journal

      There is a bit of an imbalance there. The FBI (and any other LEO) can and does deliberately lie to you. They are expressly permitted to.
      If your reply contains anything they can prove untrue, even if in response to their lies, you have committed a chargeable offence.
      The only rational behaviour is to repeat "I invoke my right to remain silent. I want my lawyer." as a response to every question.

      --
      If you cough while drinking cheap red wine it really cleans out your sinuses.
      • (Score: 2) by requerdanos on Monday June 11 2018, @01:00AM

        by requerdanos (5997) Subscriber Badge on Monday June 11 2018, @01:00AM (#691235) Journal

        The only rational behaviour is to repeat "I invoke my right to remain silent. I want my lawyer." as a response to every question.

        This cannot be stressed enough.

      • (Score: 0) by Anonymous Coward on Monday June 11 2018, @03:47AM (2 children)

        by Anonymous Coward on Monday June 11 2018, @03:47AM (#691278)

        And why should we expect balance? It's not like law enforcement is a sporting match where it doesn't matter who wins. If it's the FBI vs. criminals, society wants the FBI to win and fairness doesn't apply. Of course it's unclear who is criminal and we don't want a police state, so it's better that they don't have too much power. But balance and fairness aren't what's needed. We need policies that minimize the ratio of innocent people who get hassled by law enforcement vs. criminals who are convicted. Maybe ding their careers if innocent people get hurt.

        • (Score: 0) by Anonymous Coward on Monday June 11 2018, @09:08AM

          by Anonymous Coward on Monday June 11 2018, @09:08AM (#691323)

          When prosecutors and DAs start worrying about convicting the guilty rather than racking up a high score, I will start believing it is not a game.

        • (Score: 2, Insightful) by Anonymous Coward on Monday June 11 2018, @12:41PM

          by Anonymous Coward on Monday June 11 2018, @12:41PM (#691369)

          If it's the FBI vs. criminals, society wants the FBI to win

          But it's not FBI vs. criminals, it's FBI vs. suspects. Which may or may not be criminals. And if it's the FBI vs. the innocent, I sincerely hope society wants the innocent to win. Or else you've got a seriously fucked up country.

    • (Score: 0) by Anonymous Coward on Monday June 11 2018, @03:32PM

      by Anonymous Coward on Monday June 11 2018, @03:32PM (#691436)

      It also end up sounding like it went something like this:

      FBI: He's guily
      Marcus: I'm not.
      FBI: He's guily, and now he's lying!

  • (Score: -1, Flamebait) by Anonymous Coward on Sunday June 10 2018, @03:39PM

    by Anonymous Coward on Sunday June 10 2018, @03:39PM (#691118)

    WannaCry was written and spread by Khazar jews. They do not like their business being shut down by some small-time goy hacker. Remember, the jew works through deception.

    My prayers go out to him and wish him a speedy recovery of his life and liberty from the devil-worshiping jewish menace that has him in it's unholy claws.

  • (Score: -1, Troll) by Anonymous Coward on Monday June 11 2018, @03:21AM

    by Anonymous Coward on Monday June 11 2018, @03:21AM (#691275)

    Why are the FBI charges "alleged", but his Wannacry "heorism" is stated as fact? I'm no fan of the FBI, but their charges are at least as believable at his self-reporting that "I stumbled on an IP address that stops Wannacry".

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