Free Ross campaign slams FBI's "leaky IP" claims, argues digital data sweep unconstitutional

The defense campaign for Silk Road operator Ross William Ulbricht has put up a blog post slamming a recent FBI report defending its investigation.

During the case in general and throughout the post specifically, Ulbricht's supporters have not denied his connection to the marketplace or the activities he allegedly conducted. Rather, they have claimed that cited laws are not applicable to the charges laid and that the methods used by the FBI to gather defense were illegal.

The post cites what it says are expert opinions concluding that the FBI could not have discovered the Silk Road server through IP leaks as they claimed. One tweeted the following and goes on to claim that he believes the FBI was deceptive, not just sloppy:

As a top expert in my field, I know that the IP address of Silk Road would never appear in packet headers as the FBI claims.

— () { :;}; Rob Graham (@ErrataRob) September 8, 2014

The post also points out that the FBI investigator did not document how he accessed the servers, thus violating "the most fundamental protocols of any forensic investigation."

Finally, the post reiterates previous arguments that privacy laws prohibit the FBI's sweeping search of Ulbricht's personal digital data. Reference is made to "a decade of Supreme Court decisions that have consistently protected digital data, both stored and communicated, as strongly as any other material." Said Ross' attorney Joshua Dratel:

"Thus, the government would keep the evolution of legal doctrine stalled in 1979 while ignoring more than three decades of constitutional jurisprudence that has gradually, but surely, recognized that a person’s legitimate expectation of privacy has been changed by technology and its impact on social mores."

The case goes to trial in November.