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The Military Security The Courts

Why the US Air Force Is Investigating a Cyber Attack From the US Navy (businessinsider.com) 59

"The Air Force is investigating the Navy for a cyber intrusion into its network, according to a memo obtained by Military Times."

Zorro (Slashdot reader #15,797) shares their report: The bizarre turn of events stems from a decision by a Navy prosecutor to embed hidden tracking software into emails sent to defense attorneys, including one Air Force lawyer, involved in a high-profile war-crimes case of a Navy SEAL in San Diego. The tracking device was an attempt to find out who was leaking information to the editor of Navy Times, a sister publication. A similar tracking device was also sent to Carl Prine, the Navy Times editor, who has written numerous stories about the case.

Navy Capt. David Wilson, chief of staff for the Navy's Defense Service Offices, wrote in the May 19 memo that an Air Force attorney was among the defense lawyers who had received emails with the hidden tracking software, which he described as "malware"...

"In fact, I've learned that the Air Force is treating this malware as a cyber-intrusion on their network and have seized the Air Force Individual Military Counsel's computer and phone for review," he wrote.

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Why the US Air Force Is Investigating a Cyber Attack From the US Navy

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  • I've heard of death/injury by "friendly fire", but I've never seen a case of it in cyberspace before.

    • by Anonymous Coward

      This wasn't "friendly". This was an attempt to use illegal means to catch a leaker. The Navy prosecutor fully intended to bring up charges upon other military personnel. They just overlooked the fact that they should also follow the law.

    • by sehlat ( 180760 )

      There is NO such thing as *friendly* fire.

  • Comment removed based on user account deletion
    • by raymorris ( 2726007 ) on Saturday May 25, 2019 @05:05PM (#58654664) Journal

      Judge Learned Hand wrote about this. There is a choice between two bad alternatives, he wrote. If prosecutors keep their traditional immunity for their actions as prosecutors, bad prosecutors can only be punished criminally or via removal and disbarment, not via civil suits.

        If prosecutors are open to civil suits for every decision they make about what charges to bring and what evidence to put on, it would roughly double the number of court cases. Almost every defendant would want to either sue the prosecutor or threaten to, making that part of a plea bargain.

      Even worse, since every not-guilty verdict would be ripe for a improper prosecution suit, prosecutors would know it's either get a conviction or pay up personally - a strong incentive to get a conviction by whatever means necessary.

      You mentioned "the 1970s", which suggests you were thinking of Imbler v Pachtman. The prosecutor, Pachtman,
      continued to investigate and discovered new evidence after Imbler had been convicted, and brought that to light I case it might set Imbler free. Would Pachtman have kept investgating and brought forth evidence of Imbler's innocence in this case if Imbler being found not guilty would subject Pachtman to liability? Probably not.

      Imbler's lawyer said Pachtman's conduct was in "the highest tradition of law enforcement and justice," as a premier example of "devotion to duty." Do we want to discourage that?

      There seems to be no good answer.

      • There is a good answer, and it comes in part from reforming the crass system that rewards people for being litigious.

        Loser pays.

        You should be able to sue the prosecutor's office, but not the prosecutor personally, for tortious acts by the prosecutor, but you should be forced to eat the legal costs if your suit is proven to be unfounded. In the meantime the office itself has deep pockets and can afford to pay you, and at any rate should be held vicariously liable anyway for the acts of its employee, the act

  • My bet is on the airforce.

  • ... to arrest USN officials they start singing "We all live in a yellow submarine ..."

  • Come on, who else though of him?

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