Hey MAC, after viewing the evidence, any rational trier of fact could NOT have found the "essential element" of this crime beyond a reasonable doubt.
CRIME ELEMENT 18 USC 875(c): Whoever...transmits [].
Computer Hardware Address Type Codes
HLEN
This is the length of the hardware address, expressed in bytes. For an Ethernet interface with the standard MAC address of 48 bytes, this field would contain 6.
CHADDR
This is the client's hardware address. It is interpreted in conjunction with the HTYPE (hardware address type) field and the HLEN (hardware address length). It is provided by the client in a BOOTREQUEST message, and is used by the server to identify the entries in the BOOTP database associated with this client. It was also designed to provide a server with a MAC address for the client, which it could store in its ARP cache to avoid having to use an all-ones broadcast in a BOOTREPLY.
BOOTP
Process Details
The CHADDR is set to the MAC address of the client.
BOOTREQUEST
BOOTREPLY
CIADDR
IP destination
Data-Link destination
nonzero
CIADDR
Client MAC address
0.0.0.0
GIADDR
Client MAC
SOURCE: IP Addressing and Subnetting, Including IPv6 Author: J. D. Wegner, Robert Rockell ISBN: 1928994016 Published: 2000 Publisher: Syngress Media
QUESTION TO FBI: HOW DO YOU TRACE A COMPUTER TRANSMISSION OR RECEPTION OF A FILE?
A: "WELL, TO TRACE A COMPUTER TRANSMISSION YOU MUST SHOW AN IP ADDRESS, COUPLED WITH THE MAC ADDRESS, AND A LOG FILE OF THE TRANSFER. OTHERWISE YOU ARE JUST GUESSING:"
Q: DO YOU HAVE ANY EXHIBITS TO SHOW THE COURT?
A: "YES"
Exhibits:
1 ORIGINAL APPEAL ON MAC ISSUE FROM THE BRIEF
2 REHEARING MOTION PAGES ON MACS DENIED ILLEGALLY BY ALEX KOZINSKI, A CLOSE FRIEND OF THE JUDGE.
Claims of sufficiency of the
evidence are reviewed de novo. United States v. Shipsey, 363
F.3d 962, 971 n.8 (9th Cir. 2004). Findings of fact, however,
are reviewed for clear error. United States v. Doe, 136 F.3d
631, 636 (9th Cir. 1998). Evidence is sufficient to support a
conviction unless, viewing the evidence in the light most
favorable to sustaining the verdict, no rational trier of fact
could have found the essential elements of the crime beyond
a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319
(1979). “The same test applies to both jury and bench trials.”
Doe, 136 F.3d at 636; Friends of Yosemite Valley v. Norton,
348 F.3d 789, 793 (9th Cir. 2003).
THE M.A.C. ADDRESS IS "THE D.N.A. OF INTERNET-SCIENCE" FOR "BACK TRACING" BAD GUYS!
SEE ALSO MAC Filtering—Every network device (this includes wireless cards, both internal and
external) are assigned their own Media Access Control (MAC) address, also known as the
physical address.
The address is either printed on a sticker attached to the device or can be
accessed via computer itself. By restricting allowed connections to specific MAC addresses
you further secure the network.
When visitors bring their own equipment, you'll need them to give you the MAC
address so you can add it as an allowed device. You can remove the device from
the list after they leave.
A: I submitted a grand jury subpoena to Yahoo to
obtain the subscriber information which would include
the originating IP address and who initiated that
account.
Q. And that led you to know what, or what was
contained in the information that you received from
Yahoo?
A. The information I received described the IP
address.
A. It's an Internet protocol address, which is
specific for a location.
Q . Series of numbers separated by dots; correct:
A. Correct.
Q. Is it fair to say that there are no two IP
addresses at any given point in time that are identical
in the world?
A. Correct.
LIE NUMBER ONE.
WE ALL KNOW @ KILLERCOP.COM THATANYTHING IS POSSIBLE THEREFORE TWO IP ADDRESSES CAN BE IDENTICAL AT ANY GIVEN POINT IN TIME. THIS INCLUDES PAST-TENSE, PRESENT-TENSE, AND FUTURE-TENSE.
Q . All right, what did you do once you learned
what the IP address was?
A. I then found out who owned that IP address
and I learned that AT&T Broadband owned that address.
Q. Once you had an IP address, you want to know
who the ISP is, who owns that IP address, right?
A. Correct.
Q. And then you go to that ISP and you ask to
whom was this IP address assigned?
A. Correct.
Q. Did you go to AT&T?
A. I did go to AT&T.
Q. What did you learn?
A. I learned that that IP address - -
(Pause. )
Q. I direct your attention to page 12, paragraph
12 of your affidavit if you need to refresh your
recollection.
A. Yes, thank you. That at the time that that
e-mail address had been created, which was February
5th, 2002 at 7 hours, 31 minutes, 53 seconds Pacific
Standard Time...
Pages 33-34, March 28, 2002
The relevance, Your Honor, goes to
show that the government knew that there was no identity theft
being committed, for one, for the simple reason they never even
issued a search warrant for the initial e-mail address that was
broadcast on this website for the first part of their
investigation, from September -- or excuse me, October until
the New Year.
THE COURT: Okay. So that's the relevance that the
government knew that.
MR. KILLERCOP: That's one.
THE COURT: What's the other basis?
KILLERCOP: The other basis, Your Honor, is that,
as we have heard in testimony, Mrs. Greenwood was notified by
Andrew Ramsey that Andrew Ramsey had traced that e-mail address [email protected] back to an IP address of 24 dot, whatever,
dot 138. I don't recall the exact number. But it began with
24 and ended with 138. They tracked it to Manchester, New
Hampshire. Here's where he is. Here's his IP.
You get their e-mail address. You get their IP address. Bang, you got him.
They had everything they needed. They had the whole
full-course meal, the meat and potatoes --
THE COURT: What's the relevance of that,
Killercop?