Dero (@thepricewentup) 's Twitter Profile
Dero

@thepricewentup

ID: 298059951

calendar_today13-05-2011 15:56:41

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All it takes is an agreement + 1 overt act. The law treats you as if you did everything the conspiracy did, even if your role was tiny. What I mean by that is. No matter how small your role. You’re just as liable as the man at the top.

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Prosecutors don’t need to prove the crime succeeded. Just the agreement + one step toward it. Read that again. The crime doesn’t have to be successful, but the fact that it was attempted can land you in a federal conspiracy.

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Under Pinkerton liability, you can be held responsible for crimes your co-conspirators commit even if you didn’t know every detail. The sentence for conspiracy is usually the same as if you’d done the actual crime (drug weight, fraud amount, etc. all count against you).

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“Hearsay” Is allowed when it comes to a conspiracy. Statements by co-conspirators can and will be used against you. What one person says in furtherance of the conspiracy can sink the whole ship. (Yes talking about, or plotting about a crime can land you in a conspiracy)

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You don’t have to know everyone or even anyone to be involved in a conspiracy. That’s why conspiracy is the feds favorite charge, it widens the net. You can get indicted with people you’ve never met or seen in your life.

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Understand Pinkerton Liability. Under Pinkerton liability, you can be sentenced for crimes your co-conspirators commit, even if you didn’t do them yourself. You read that right. You don’t have to jack diddly squat to be held liable.

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The rule literally says, if you agreed to the conspiracy, and their acts were foreseeable, you’re on the hook. This is why I said if you even talk about doing a crime and anyone you talked about it with does one simple overt act, it’s a wrap you’re in the conspiracy.

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People in the streets or involved in some sort of illicit activity already know not to talk over the phone. Using FaceTime or FaceTime audio is the safest bet. It’s not bulletproof though. End to end encryption is a + but you should know how wire taps really work. Let me explain.

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For starters, phones are the feds favorite witness (next to someone testifying). Why? Because every call, text, ping leaves a trail. The question is how deep can they can dig? Well that all depends on the warrant. There’s usually two ways the feds go about stalking your devices.

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The first way is going to be the easiest warrant for the Feds to get granted. It’s called a pen register or trap & trace order. These log who you call, who calls you, and when. No voices are recorded, no texts just the pattern. Judges usually sign off on these without hesitation.

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Now actual wiretaps are a lot harder for the feds to get granted from a judge. The government has to show that normal investigative tools won’t cut it. They have to show that the wiretap is necessary to build the case. They also need to be very specific when requesting the tap.

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Now if the prosecutor can show good cause for a wiretap to be granted then your calls will be recorded, texts, even data streams. Wiretaps are usually for 30 days at a time, but they can be renewed by the governments request to the issuing judge.

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Yes even encrypted apps can be recorded if the data passes through carriers. You need to make sure it’s END TO END Encrypted. This is why I say FaceTime and FaceTime audio is the best bet, because it’s end to end encrypted. But there’s some details you should know about Apple.

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Since FaceTime and FaceTime Audio are End to End Encrypted this means Apple can’t just hand over the contents of calls, even if served with a warrant. But the feds aren’t all the way shut out because of this. METADATA and Cloud Storage tell their own stories.

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METADATA is what they can get. (who you called, when, & how long). Apple can (and does) give up these logs under court order. What APPLE won’t do is help the government get into your phone. Apple takes pride in protecting its customers privacy.

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In the near future APPLE is actually going to make it essentially impossible for them to cooperate with the government. Pretty much giving them a “our hands are tied” “cold shoulder” approach. Apple won’t even be able to access your device themselves let alone the Feds.

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So if you’ve been using FaceTime or FaceTime Audio as your means of communication it’s safe to say it’s the best bet for out of the box end to end encryption protection.

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Something that a lot of you do that will come back to haunt you is a simple setting that needs to be changed in your iPhone. Without making this change a lot of you are self incriminating yourselves out the gate. Here’s game on it…

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Go to Settings + Apps + Messages Scroll to message History Keep Messages Select 30 days (Default is forever, optional 1 year or 30 days) By keeping messages forever you’re giving the feds the ability to dive as far back as those go. This lands a lot of people in deep water.