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originally posted by: stormcell
You can buy a personal cloud server from any department store. It's about the size of a console system and just needs a power supply and an internet connection. So it's easy enough to put anywhere in a house, like beside a telephone socket in a basemen or up in an attic. It could be plugged into a wifi router/firewall and that's it all set up. Maybe there are optional services to register with a VPN provider.
originally posted by: Phatdamage
Top secret should have no connection to the internet,
If anything was marked as top secret, it would have been set on her server, it would not be able to transmit top secret data over the internet, and would get blocked by both hardware and software, (if it was ever accidentally connected to the internet)
I would say, what has happened here, is documents have been over classified, they should have been marked as "Confidential" (or equivalent) but set at "Top Secret"
What is interesting is why would a personal server that has access to the internet have the capacity to set documents or Email at "Top Secret" when the system/server is not set up correctly, either these leaks are false, or the person who setup the server....... is an idiot
that's my thoughts,
Peace!
1.) 18 U.S. Code § 793 – Gathering, transmitting or losing defense information 18 U.S. Code § 798 – Disclosure of classified information
A federal prosecutor would naturally focus first on the most serious allegations: willfully transmitting or willfully retaining Top Secret and Compartmented (TS/SCI) material using a private server system. The individual who transmits and the individual who receives and retains TS/SCI information on a private server jointly share the culpability for risking the compromise and exploitation of the information by hostile intelligence services. The prosecutor’s charging document would likely include felony counts under 18 U.S. Code § 793 and under 18 U.S. Code § 798 against each transmitting individual as well as separate counts against each receiving and retaining individual. Violation of either provision of the U.S. Code cited above is a felony with a maximum prison term of ten years. The prohibited conduct is the insecure transmission of highly classified information, as well as the receipt and retention of highly classified information in an unapproved manner. The requisite mens rea is the willful commission of the prohibited conduct and the knowledge that compromised information could result in prejudice or injury to the United States or advantage to any foreign nation. Proof of intent to disclose the classified information is not required.
2.) U.S. Code § 1924 – Unauthorized removal and retention of classified documents or material
If the federal prosecutors are of a charitable disposition and an accused person has been cooperative, the felony charges under 18 U.S. Code § 793 and 18 U.S. Code § 798 may be “pled-down” to a single or to multiple misdemeanor counts under 18 U.S. Code § 1924. A misdemeanor conviction would probably result in a period of probation and a less significant fine. The prohibited conduct is the unauthorized removal of classified information from government control or its retention in an unauthorized location. The mens rearequired is the intent to remove from government control or the intent to store the classified information in an unauthorized location.
3.) 18 U.S. Code § 2071(b) — Concealment, removal, or mutilation
generally To sustain a charge under 18 U.S. Code § 2071(b), a federal prosecutor need only prove that the accused transferred and held the only copies of official government records (whether classified or not), the very existence of which was concealed from government records custodians. The mens rea required is that an accused knows that official government records were transferred or removed from the control of government records custodians. Violation of 18 U.S. Code § 2071(b) is a felony with a maximum prison term of three years.
4.) 18 U.S. Code § 641 – Public money, property or records
Again, if the federal prosecutors are of a charitable disposition and accused has been cooperative, the felony charges under 18 U.S. Code § 2071(b) can be “pled down” to a misdemeanor under 18 U.S. Code § 641. The prohibited conduct is the conversion of official records (whether classified or not) to the accused’s exclusive use and the mens rea is simply the intent to do so. Conviction on the lesser misdemeanor charge would likely result in a period of probation and the imposition of a fine.
5.) 18 U.S. Code § 1505 – Obstruction of proceedings before departments, agencies, and committees
If it can be proven that an accused destroyed, withheld, or concealed the existence of official records being sought under subpoena by a committee of Congress, the accused can be convicted of obstruction under 18 U.S. Code § 1505. The prohibited conduct includes destruction, concealment and withholding of documents, thereby impeding or obstructing the committee’s rightful pursuit of information. The mens rea is knowledge of the committee’s interest in obtaining the official records in the accused’s custody or control. Violation of 18 U.S. Code § 1505 is a felony with a maximum prison term of five years.
6.) 18 U.S. Code § 1519 — Destruction, alteration, or falsification of records in federal investigations
If it can be proven that an accused knowingly concealed the existence of official records being sought by the Department of State Inspector General (DOS/IG) or by the Federal Bureau of Investigation (FBI), such accused can be convicted of obstruction. The prohibited conduct is the concealment and withholding of documents that impede or obstruct an investigation. The mens rea is the intent to conceal or withhold. Violation of 18 U.S. Code § 1519 is a felony with a maximum prison term of twenty years.
7.) 18 U.S. Code § 1031 — Fraud against the United States 18 U.S. Code § 1343 – Fraud by wire, radio or television 18 U.S. Code § 1346 — Definition of “scheme or artifice to defraud” 18 U.S. Code § 371 – Conspiracy to defraud the United States
If it can be proven that an accused arranged for the Department of State to hire an Information Technology (IT) specialist to primarily administer and maintain a private server system owned by the accused, then the accused can be convicted of conspiracy to commit honest services fraud and probably wire fraud. The prohibited conduct is having the United States pay an employee salary and/or official travel funds for performing private services on behalf of accused. The mens rea is simply the knowledge of the employee’s status as a public servant and that the government was not fully reimbursed for the costs to the government of such services. The wire fraud conviction can be sought if it can be proven that accused used electronic means of communication in undertaking such scheme or artifice to defraud.
8.) 18 U.S. Code § 371 – Conspiracy to commit a federal offense
If any accused and any third party can be proven to have colluded in any violation of federal, criminal law, then all involved can be charged with criminal conspiracy as well as being charged with the underlying offense. 18 U.S.C. Sec. 2071. Concealment, removal, or mutilation generally (b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term "office" does not include the office held by any person as a retired officer of the Armed Forces of the United States
originally posted by: Phatdamage
a reply to: RickinVa
Yes, that makes sense,
interesting how Top secret got on the server,
it would have been copied to removable media,
also the information that she had could have been under-classified to get round the message classification blocking system,
I guess the question we should be asking is, why would she have the need to hold Top Secret information on a personal server?
My answer...... she didn't want eyes pearing at what she had,
originally posted by: RickinVa
a reply to: Krakatoa
If it can be proven that an accused arranged for the Department of State to hire an Information Technology (IT) specialist to primarily administer and maintain a private server system owned by the accused, then the accused can be convicted of conspiracy to commit honest services fraud and probably wire fraud. The prohibited conduct is having the United States pay an employee salary and/or official travel funds for performing private services on behalf of accused. The mens rea is simply the knowledge of the employee’s status as a public servant and that the government was not fully reimbursed for the costs to the government of such services. The wire fraud conviction can be sought if it can be proven that accused used electronic means of communication in undertaking such scheme or artifice to defraud.
Hillary’s Computer Tech to Plead the Fifth
In fact, Pagliano — who has said he will take the Fifth when he is called to testify before Congress later this week — maintained the private e-mail server that Hillary used to manage all her e-mails, both work and personal, during her tenure as secretary of state. Hillary’s campaign acknowledged only recently that he was paid out of the Clintons’ private funds for those services.
1. Hillary Clinton chose to use a personal email server to conduct official State Department business while serving as Secretary of State.
2. Classified Information is known to have been stored on that server, up to the Top Secret level.
3. The server is known to have been located in various locations during the time it was in use.
4. Top Secret information must be housed in a Secure Compartmented Information Facility. Of which there is a set of strict guidelines that must be followed. None of the locations the server was stored met these guidelines.
5. At least one person is known to have accessed that server, and shared information they were able to obtain from it. The point here is that an unauthorized person was able to gain access to a server that contained classified information without the need for access to that information.
6. Because of the fact that classified information was known to be housed in an unsecured location, an investigation was launched by the FBI. Anytime classified information is found to outside of strict control, an investigation is warranted.
7. Prior to the investigation, emails were deleted and the server itself was wiped. This may or may not affect the investigation.
8. Classified Information may be marked by classification headers, or it may not be marked. Oral communications may be considered classified based on the information in that discussion.
9. Every one with a security clearance goes through a process in order to be granted that access. They must acknowledge that they are aware of the procedures for handling of classified materials.
10. The laws governing violations concerning classified information are varied. In some cases, proof of intent to disclose classified information is not required in order to break the law. Simply the fact the law was broken would suffice
originally posted by: Annee
My only comment on Hillary's emails
I'd bet if you researched others in Washington, to this extent, you'd find similar email behavior.
No point because you only believe what you want to believe, which is your right.
You haven't addressed any points with a valid response, you like to play word games.
No one beyond those currently involved in the investigation can certify that classified information was found.. you are asking people to post classified information to prove that classified information existed on the server. That is not going to happen.
Time will tell the truth my friend, it always does.
I will not waste my time pointing out to you what has already been pointed out time and time again.
Last reply to you on this thread, although I am quite sure you will relentlessly continue to derail the topic.
Good luck to you on that, and again, because I won't waste my time with you doesn't make you a "winner", it just means that I have no point in talking to you anymore.
I'd like to see that proven. Investigators and officials have stated none of the emails contained information that was classified at the time of transmission. That's very important.
WASHINGTON — Government investigators said Friday that they had discovered classified information on the private email account that Hillary Rodham Clinton used while secretary of state, stating unequivocally that those secrets never should have been stored outside of secure government computer systems. Mrs. Clinton has said for months that she kept no classified information on the private server that she set up in her house so she would not have to carry both a personal phone and a work phone. Her campaign said Friday that any government secrets found on the server had been classified after the fact. But the inspectors general of the State Department and the nation’s intelligence agencies said the information they found was classified when it was sent and remains so now. Information is considered classified if its disclosure would likely harm national security, and such information can be sent or stored only on computer networks with special safeguards.