Tomek
Premium
join:2002-01-30
Brooklyn, NY | So who would compensate
genuine companies operating from that datacenter?
They suffered losses, maybe together exceeding that ones from Verizon and ATT.
Should they sue the government?
--
Semper Fi |
|
hottboiinnc
ME
join:2003-10-15
Cleveland, OH
 ·Time Warner Cable
·buckeye cable
| Normally you can't get anything from the government in the event of a raid or warrant was brought in. Its like if they raid your house and kick your door in, they will not pay for the door. If they take your computers, they do not have to give them back.
The FBI can claim that what they did was required to fully obtain the information they needed for their investigation. |
|
wierdo
join:2001-02-16
Tulsa, OK
 ·Future Nine Corpor..
·Teliax VOIP
| said by hottboiinnc  :Normally you can't get anything from the government in the event of a raid or warrant was brought in. Its like if they raid your house and kick your door in, they will not pay for the door. If they take your computers, they do not have to give them back. This is only true if you are actually part of the criminal enterprise.
They couldn't, for example, steal my neighbor's computer because they thought I had done something wrong.
Nor can they keep the equipment unless it was actually used in furtherance of a crime.
--
It's wierdo, not weirdo. Yes, I know that's not the 'proper' spelling of the similar english language word.  |
|
IanR
join:2001-03-22
Madison, NJ
| reply to hottboiinnc
I supect that no judge would have authorized any such "raid", in such a manne,r had he, or she, known that the likely damages or revenue losses to innocent companies would probably exceed the size of the potential original crime being investigated. Those suffering should hire a lawyer to approach said judge and discuss the situation. Perhasps these 2 parties could agree a course of action.
It cannot be that law enforcement can unilaterally create a larger commercial problem than that of the original complaint. |
|
RadioDoc
58ef2c0
Premium,ExMod 2000-03
join:2000-05-11 | This was a criminal investigation so I'm not sure civil damages are even on the radar. |
|
KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
 ·AT&T Yahoo
·AT&T DSL Service
·Cox HSI
·AT&T Southwest
| said by RadioDoc :This was a criminal investigation so I'm not sure civil damages are even on the radar. Valid point... and if they were, they'd say "Take it up with the crooks.... IE the losses from your downtime are their fault."
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini
|
|
rahvin112
join:2002-05-24
Sandy, UT
| reply to hottboiinnc
You don't sue the government. You sue the agent who is named in the warrant for failing to take appropriate precautions to avoid harming innocent people. This is the equivalent of having a bad guy shooting at you and shooting and killing every innocent bystander in between you and the bad guy. |
|
Krisnatharok
0311 Scout
Premium
join:2009-02-11
Sterling, VA
| reply to IanR
Actually, considering that the judges usually were DAs first, they probably have a pretty good idea of what an FBI raid looks like.
At the end of the day, though, the most admission you will get is that the loss in revenue for other businesses is "regrettable".
It would be like the FBI closing your office's street down because some store across from you is laundering crack. You lost business to their "operational security" (OPSEC). You can't sue against that, assuming due diligence on their part. |
|
