The FBI raided a Virginia server colocation facility this week to seize some servers belonging to some investigation target. They had a warrant for this, presumably issued by a judge.
What they did not have was permission to steal dozens of other servers in the process, but they did anyway because either (a) they’re too stupid to know the difference between “server” and “rack” or (b) they just didn’t care about the effect this would have on several innocent businesses.
Instapaper was among those hurt by the FBI’s egregiously unprofessional behavior here; he’s got much to say (read his followup, too; the servers were returned, eventually, but that doesn’t excuse their taking in the first place). The hoster, Digital One, clearly didn’t handle this well either, but they’re quoted extensively in the NYTimes coverage:
In an e-mail to one of its clients on Tuesday afternoon, DigitalOne’s chief executive, Sergej Ostroumow, said: “This problem is caused by the F.B.I., not our company. In the night F.B.I. has taken 3 enclosures with equipment plugged into them, possibly including your server — we cannot check it.”
Mr. Ostroumow said that the F.B.I. was only interested in one of the company’s clients but had taken servers used by “tens of clients.”
He wrote: “After F.B.I.’s unprofessional ‘work’ we can not restart our own servers, that’s why our Web site is offline and support doesn’t work.” The company’s staff had been working to solve the problem for the previous 15 hours, he said.
There’s more coverage at the LA Times.
Law enforcement in general is not sufficiently accountable for overreaches, so I doubt anything will actually happen to the the agent or agents who so cavalierly stole these servers. (Yes, “stole.” The warrants for adjacent boxes do not impart legal authority to remove the unnamed servers; ergo, theft.) That’s wrong: the agency and agents should be liable for criminal and civil penalties when seizures like this go so far awry. There are too many “innocent mistakes” and too little accountability. I’m not talking about innocent mistakes; I’m talking about willfully being jackasses and not caring about the repercussions.
Of course, that will never happen. And without accountability, there’s no reason for the FBI to care that their methods are outdated, that they’re harming innocent businesses and users, and that they’re showing everyone how little they understand about modern computing.
But a man can dream.