Update on Eric Eoin Marques, Owner/admin of Freedom Hosting

[Neighbor]

Following is the text of a Motherboard article on Eric Eoin Marques, the former owner/admin of Freedom Hosting. This is the first update I've seen in some time, and it contains a fair bit of detail. Links in the article are reproduced at the end of the article.

The US Is Trying to Extradite a Notorious Dark Web Admin This Week
Written by
Graham Templeton
Contributor

May 11, 2015 // 09:45 AM EST

In July of 2013, Eric Eoin Marques, a US-born Irish citizen living in Dublin, was arrested—accused by the FBI of being "the largest facilitator of child porn on the planet." [1]

At the time of its takedown by the FBI, Marques' anonymous Tor hosting service Freedom Hosting was home to myriad websites featuring highly graphic and violent images of children. Marques was arrested on charges of advertising and distributing of child pornography, and soon stated publicly that he would plead guilty on all charges. [2]

However, he has not yet been given the chance to do so.

On Monday, May 11, an extradition hearing will begin in Dublin [3] (Update: According to Raidió Teilifís Éireann, [4] the hearing has been delayed pending the evaluation of new evidence regarding Marques' apparent diagnosis of Asperger syndrome). The hearing will decide whether Marques will face a maximum 14-year sentence in Ireland, or a maximum 100-year sentence in America.

Marques' counsel told Motherboard that Irish law restrains barristers on either side of the case from commenting in the media. The FBI did not respond to a request for comment.

Marques' lawyers have previously expressed their intention to make a submission [5] under Section 15 of of Ireland's Extradition Act, [6] which says that Irish citizens may not be extradited for crimes committed in Ireland.

Though state prosecutor Patrick McGrath had no objection to trying Marques, [7] the Director of Public Prosecutions decided not to prosecute the case in Ireland. This avoids a conflict with the Irish Extradition Act, [8] which says that Irish citizens may not be extradited for offences already pending in Ireland, paving the way for his extradition.

The government has previously denied requests for a review of this decision, [9] stating that while "it is true that as a direct consequence of the decision not to prosecute him in this jurisdiction the [extradition request] will now be considered. However, it means no more than that. It is by no means certain that he will ultimately be extradited. That remains to be determined in a process in which he enjoys the right to challenge his extradition."

Marques was eventually granted a review of the decision not to try him in Ireland, largely on the basis of a recent Supreme Court ruling granting a similar review to suspected terrorist facilitator Ali Charaf Damache. [10]

This review only succeeded [11] in delaying his extradition hearing until the current date, May 11.

The recent case of Sean Garland, [12] however, could serve as a precedent for the extradition itself, as the US was recently denied a request to have him extradited to face federal charges. Though Garland is accused of making and circulating large quantities of counterfeit US bills, he was kept in Ireland on the grounds that while these offenses affected America and American interests, they were still committed on Irish soil.

Marques resided in Dublin while he ran Freedom Hosting, but the more than 550 servers [13] themselves were scattered around as-yet-undisclosed European locations. It's possible that some of these servers were hosted on US soil—and if so, this will likely be raised at the hearing on Monday. As with the case of Sean Garland, though, this would not necessarily mean that the US is entitled to try the case.

Marques' solicitor submitted a letter to the Irish court, [14] in which she argued that the crime should be under Irish jurisdiction. The letter says that the only US aspect to the crime is the "viewing of the contents of the websites which was [sic] observed by undercover agents in Maryland, USA. That could be said of any country in the world where a person had internet access."

When the request for extradition was first considered, an FBI special agent appeared before the court to testify [15] that Marques is accused of being one of the most vile perpetrators on the planet, and that the US could subject him to a much longer possible sentence.

According to the Irish Times, Marques was denied bail in August 2013 [16] on the basis that he was a flight risk—in part because his Google search history included research into Russian passports.

Though the FBI has yet to disclose the details of exactly how it found Marques, we do know that he was the target of several new FBI techniques and/or technologies [17] designed to break the privacy and security measures of anonymity networks such as Tor. The FBI also admitted to keeping his servers running for some time, distributing malware aimed at identifying Freedom Hosting's customers and visitors. [18]

Wherever the case is tried, a recent ruling [19] on the state of the Marques extradition hearing makes it clear the authorities have evidence directly linking Marques to child pornography. Though Freedom Hosting's encryption scheme could have theoretically allowed him to insulate himself from knowing how his customers used his servers, according to Justice Edwards, Irish police have chat logs indicating that Marques "was well aware of the fact that the Target Server and [Freedom Hosting] hosted child pornography."

[1] http://www.irishtimes.com/news/crime-and-law/irish-extradition-sought-in-us-child-porn-inquiry-1.1483262 (clearnet, ensure scripts disabled)

[2] http://www.irishmirror.ie/news/irish-news/dpp-not-prosecute-largest-facilitator-2911380 (clearnet, ensure scripts disabled)

[3] http://www.irishtimes.com/news/crime-and-law/courts/high-court/date-set-for-child-pornography-suspect-s-extradition-hearing-1.2064282 (clearnet, ensure scripts disabled)

[4] http://www.rte.ie/news/2015/0511/700368-eric-eoin-marques/ (clearnet, ensure scripts disabled)

[5] http://www.bbc.com/news/world-europe-24631718 (clearnet, ensure scripts disabled)

[6] http://www.irishstatutebook.ie/1965/en/act/pub/0017/sec0015.html (clearnet, ensure scripts disabled)

[7] http://www.bbc.com/news/world-europe-24631718 (clearnet, ensure scripts disabled)

[8] http://www.irishstatutebook.ie/1965/en/act/pub/0017/sec0016.html#sec16 (clearnet, ensure scripts disabled)

[9] http://www.irishtimes.com/news/crime-and-law/courts/high-court/case-of-irishman-facing-child-abuse-image-charges-is-adjourned-1.2031187 (clearnet, ensure scripts disabled)

[10] http://www.irishtimes.com/news/crime-and-law/courts/man-facing-child-porn-charges-can-challenge-refusal-to-try-him-in-ireland-1.2000088 (clearnet, ensure scripts disabled)

[11] http://www.irishtimes.com/news/crime-and-law/courts/high-court/date-set-for-child-pornography-suspect-s-extradition-hearing-1.2064282 (clearnet, ensure scripts disabled)

[12] http://www.theguardian.com/world/2011/dec/21/sean-garland-escapes-extradition-us  (clearnet, ensure scripts disabled)

[13] http://resources.infosecinstitute.com/fbi-tor-exploit/ (clearnet, ensure scripts disabled)

[14] http://www.courts.ie/Judgments.nsf/0/B7296819C13F7BE380257D7100500DB2 (clearnet, ensure scripts disabled)

[15] http://www.irishtimes.com/news/crime-and-law/courts/facilitator-of-child-porn-refused-stay-of-extradition-proceedings-1.1974415 (clearnet, ensure scripts disabled)

[16] http://www.irishtimes.com/news/crime-and-law/irish-extradition-sought-in-us-child-porn-inquiry-1.1483262 (clearnet, ensure scripts disabled)

[17] http://rt.com/usa/fbi-exploiting-tor-child-porn-842/ (clearnet, ensure scripts disabled)

[18] http://www.wired.com/2013/09/freedom-hosting-fbi/ (clearnet, ensure scripts disabled)

[19] http://www.courts.ie/Judgments.nsf/0/B7296819C13F7BE380257D7100500DB2 (clearnet, ensure scripts disabled)


Topics: Freedom Hosting, dark web, news, culture, tor, FBI, Eric Eoin Marques, Extradition, Law, computers, crime, cybercrime, government   

Source: http://motherboard.vice.com/read/the-us-is-trying-to-extradite-a-notorious-dark-web-admin-this-week?trk_source=recommended

Neighbor

[Chairman]

550 servers? Can we safely assume he was taking advantage of a cloud-based solution with some work at obscuring what was 'on it'? There's no way a single man could safely run that many servers...is there?

[Neighbor]

550 servers? Can we safely assume he was taking advantage of a cloud-based solution with some work at obscuring what was 'on it'? There's no way a single man could safely run that many servers...is there?

I misread the article... I would have sworn it said 550 sites. You're right, running that many servers would be a herculean task, even aside from the necessity of keeping them hidden.

Neighbor

[Gaki]

Given the length of time it is taking to get to any kind of hearing and/or decision, he could well have served more than half his time in remand before he is even convicted.  He has nearly been in remand for 2 years already.... and the trial has not even started!!  We are still bickering over where the trial will reside.

I am still quite curious what, if any, 'tools' the FBI used to crack their case.  I have a feeling it was an OPSEC let-down rather than a technical triumph.

o.0

[anonymous713]

Given the length of time it is taking to get to any kind of hearing and/or decision, he could well have served more than half his time in remand before he is even convicted.  He has nearly been in remand for 2 years already.... and the trial has not even started!!  We are still bickering over where the trial will reside.

That's what I was thinking. I would have guessed that things would have progressed beyond this point by now. I know the fight over extradition had dragged this out longer than it might have been otherwise but still, damn. I wonder if this delay could have any adverse effects on the prosecution?

[on the rocks]

Leave it to America to impose itself on the matter.  I don't know why the US feels like it's entitled to be the one to prosecute people in these situations just because they have more insane sentencing. 
Always meddling, my country is.  So much meddling...

[Harkness]

Leave it to America to impose itself on the matter.  I don't know why the US feels like it's entitled to be the one to prosecute people in these situations just because they have more insane sentencing. 
Always meddling, my country is.  So much meddling...

It's to draw attention away from all the unarmed civilians that are being killed by police*?  Really, though, I think it's largely because America was once probably the most influential country in the world, possibly the most recent before the world's power and influence and such began to be more...divided among countries. Sure, some nations might still argue that they're the greatest in the world, the most powerful, the most "free", etc., but the truth is that, especially with groups like the UN and EU, ever since the middle of the last century, there never was really one great or powerful nation. Some might argue the Soviet Union, but even that wouldn't quite be true because the US and NATO kind of cancelled them out, even, so there were still multiple.

Long story short, maybe the reason the US continues to try and police the rest of the world is because those in charge of the US are still trying to pretend (or maybe even still believe) that the United States is the great nation of this world right now.


*Still, not all officers are bad, it's just that the good ones don't make international news.

[on the rocks]

American cops are out of control.  Since 9/11 they've been handed all this military hardware and they absolutely love using it.  They use swat teams to serve simple search warrants regularly.  They will murder your dog without consequence and use of deadly force against people is almost universally "justified".  That one cop in South Carolina almost certainly would have gotten away with his blatant murder of that black man running away from him if he hadn't been caught on video.  Guaranteed.
But that's getting off topic.

We see America imposing itself on other nations a lot when it comes to crimes involving sex and children.  Makes the imperialism sound a little more popular with the rabble back home when they can manipulate their emotions about exploited children.

It comes down to the fact that America is too powerful compared to any other nation.  This power imbalance is causing Americans to feel like their shit don't stink and that the US has a 'manifest destiny' to impose its will on the rest of the world, to use a term from a past century.  Because the electoral process is so thoroughly corrupt, we have already begun the process of running for President in 2016.  And the warmongering shit spewing from some of those wannabes' mouths is jaw dropping.  So this trend is very unlikely to change.  Commit a big enough sex crime and America will come for you, even if you've never set foot there or said one ill word about it.

[ministraw]

Why are US authorities trying to snag an Irish citizen, US born or not? If I ever leave the country I hope to free of it, wtf. They're always trying to kidnap their native citizens from their countries.
And, he was the administrator of Freedom Hosting, but did he actually have anything to do with promoting the porn?

[Gaki]

If you leave the US, you must expressly tell the US that you no longer want to be a citizen - it evidently is not the easiest of processes.

The fact that the US wants to take him is really about flexing its proverbial muscles and showing all that they will deal with the 'scum of the earth' if others are too scared to do so.  This is really a strong-arm tactic to bring all western or ally countries in line with their draconian, puritanical laws.

o.0

[Neighbor]

The latest, from the Irish papers:

News
Courts
Risk of sexual violence against child porn accused in the US, court hears
Wednesday 4th November 2015
Courts
[Photo]
Accused: Eric Eoin Marques

https://www.sundayworld.com/news/courts/risk-of-sexual-violence-against-child-porn-accused-court-hears (tor-safe, ensure scripts disabled)

A letter about conditions for mentally ill inmates in US prisons has been written to the presiding judge in the extradition case of an Irishman the FBI claim is the "largest facilitator of child porn in the world."

The letter, written by a prisoner in the US, was mentioned yesterday at the High Court by Ms Justice Aileen Donnelly.

Eric Eoin Marques, who is alleged to be the owner and administrator of an anonymous hosting site known as Freedom Hosting, is wanted by the US authorities to face charges relating to conspiring to distribute and advertise child pornography and advertising and distributing child pornography.

The 30-year-old, with an address at Mountjoy Square in central Dublin, has been in custody since his arrest in August 2013, after he was refused bail over concerns he represented a flight risk and that he may abscond or interfere with evidence in the case.

The State are seeking to surrender him to US authorities while Mr Marques is seeking a judicial review of the Director of Public Prosecutions decision not to prosecute him in this country.

Previously, lawyers for Marques told the court that there is a risk of sexual violence in prisons in the United States, which is seeking his extradition.

Yesterday, referring to the letter from the prisoner in the US, Ms Justice Donnelly said, "He has raised issues about the treatment for mentally ill prisoners in the US."

She added that her judgment would not be influenced by the letter from the inmate but that she wanted to give the lawyers the opportunity to make submissions.

"I'm absolutely clear that I'm not influenced by it," she said.

Judge Donnelly adjourned the case until December 16th but said that it will be mentioned again next week and that lawyers could make submissions relating the letter from the US prisoner.

Mr Marques was remanded in custody.

Daniel hickey 

From: BreakingNews.ie:

Irish judge handling extradition case 'not influenced' by letter from US prisoner
03/11/2015 - 12:14:09

http://www.breakingnews.ie/ireland/irish-judge-handling-extradition-case-not-influenced-by-letter-from-us-prisoner-703758.html (tor-safe, ensure scripts disabled)

A prisoner in the US has written to a judge over conditions for mentally ill inmates as she prepares to rule on whether a man with Asperger's Syndrome should be extradited.

Eric Eoin Marques, 30, has fought the proceedings in the High Court after the FBI alleged he was the largest facilitator of child porn in the world and sought to prosecute him on four charges.

He is wanted in the US over links to images on the Dark Web described as being extremely violent, graphic and depicting the rape and torture of pre-pubescent children.

Judge Aileen Donnelly revealed the contact from a prisoner in America as Marques awaits her ruling on the extradition application and a separate judicial review into Ireland's decision not to prosecute the case at home.

"He has raised issues for the treatment of mentally ill prisoners in the US," the judge told the court.

Judge Donnelly said her ruling would not be influenced by the contact from the inmate but that she wanted to notify lawyers and give them an opportunity to respond.

"I'm absolutely clear that I'm not influenced by it," the judge said.

The court was not given any detail on the communications including who made contact or from where.

Marques, of Mountjoy Square in Dublin's north inner city, has both Irish and US citizenship.

He was diagnosed as having Asperger's Syndrome, a neurodevelopment disorder which is part of the autism spectrum [not a mental illness], after undergoing examinations in an Irish jail following his arrest in August 2013.

Judge Donnelly adjourned the case until December 16 but said lawyers would have an opportunity to raise matters over the prisoner communication in the meantime.

Marques was remanded in custody.

He is wanted in connection with four counts involving the advertising of child pornography, distribution of child pornography, conspiracy to advertise child pornography and conspiracy to distribute child pornography.

He has previously denied being the owner and administrator of an anonymous hosting server called Freedom Hosting where the FBI claim thousands of members allegedly posted millions of images of child pornography.

The case was put back until December 16.
KEYWORDS: Eric Eoin Marques

[on the rocks]

Oh boy, it's starting to look like the Americans are going to have their way; yet again.

I get the feeling the Irish are going to turn him over so he will be purposely be subjected to worse treatment by the US judicial and prison systems.