We don't know that any "parallel construction" is at work here. It seems like most of the information stemmed from the discovery of the Silk Road web server, and I haven't seen how they were able to determine that. If this goes to trial, then the FBI will have to say how it got that information (assuming he has a competent defense team).
That's the thing though. We know that as of very recently the NSA is helping other alphabet agencies construct cases in parallel. If you knew the guy's name or handle or whatever information the NSA could have given the FBI then coming up with an alternate story of how they ID'd the guy (page 24 onwards in the criminal complaint) would be incredibly easy. The point is that we'll probably never know either way.
True, and the next Silk Road owner will certainly take that point into account.
Obviously, the disappearance of such a site leaves a gaping hole on the Web:
Silk Road has proven that the demand/market is there, that people are willing to use the Web to acquire those goods, that they are willing to pay, that the whole transaction works and that this leads to a massive amount of cash.
So, make no mistake, the next Silk Road creator is certainly out there, probably technically more astute and careful, and already building.
...the next Silk Road creator is certainly out there, probably technically more astute and careful...
And almost as certainly: more experienced in the use of serious violence. The next guy won't be hiring hitters without introductions from fellow violent criminals. (Not that undercover cops have never been vouched for in such a manner, but it raises the stakes significantly.) Yay Drug War!
If they used parallel construction, then why didn't they list how they got the information about the location/IP of the Silk Road webserver? I would assume that they would have ParallelConstruction'd a reasonable way for them to have obtained that information, no?
You appear to be missing the point of parallel construction. The point is that they show a true, but-not-the-whole-truth "hand" (the parallel construction) while obscuring the full truth. That is, you spy on someone, and obtain a bunch of evidence, either illegally or that is fruit of the poisonous tree. From that knowledge, you construct a (fictitious or only partially fictitious, but plausible) story about how you gathered enough evidence to incriminate your victim, without revealing that you came across this evidence illegally. See http://en.wikipedia.org/wiki/Parallel_construction.
Yes, they are legally obligated to not lie about the true means of how they came to have the evidence. But if nobody can prove you're lying, they can't call you on it.
Few cases make it to trial, especially in the federal system. He's been charged with at least two capital eligible charges. They'll offer to plead down to life in prision (or 100+ years same difference) and he'll take it. We'll never see the government's full case.
