Kangas's futile explanation for the|
incriminating Facebook messages
When I spoke with Kangas on 12 May, and I told him that I had been viewing some of his Old Facebook messages
that corroborated what the two 13-year old girls had said about him having sex with them, he replied that the messages were fraudulent, i.e., fake.
He said that it was possible to alter the date of Facebook messages, and the prosecution must have done this in anticipation of the appeal that
he intended to make after parole (There are several problems here, e.g., (i)the Facebook messages are mentioned in his trial so if the 'fake' ones had existed then, the defence would have raised an objection (as you will read in the following, it is possible to show if a message is 'fake'); (ii)if however, these 'fake' messages were written after the trial, in anticipation of an appeal, then again, it would be possible to show they are 'fake', not only by the IP address used (as discussed below), but also by comparing them with those that were held by the defence at the trial).
He commented that he gave his Facebook login details to his attorney and she shared the same building with the prosecution, i.e., intimating that the prosecution somehow obtained the login details and then spent many hours, or days or perhaps even weeks, writing countless messages to implicate Kangas in the crime: and yes, he was being serious. For simplicity, from hereon, I shall refer to the person, who supposedly did all of this, as 'Mr X'.
This enterprise would not be limited to simply forging messages from Kangas's account and backdating them as Kangas not only sent incriminating messages but he received replies to these as well, so Mr X would have had to access the accounts of those people who replied to Kangas, e.g., the two 13-year old girls, meaning that Mr X would have had to write/post the girls' replies to Kangas, with an accompanying forged date, i.e., ensuring they were given backdated time-stamps to 'appear' during the relevant period when the prosecution said Kangas committed the crimes (November 2012 to January 2013).
But now the problems really begin. Even if Mr X was not only able to gain access to Kangas's Facebook account, but to
the accounts of the two 13-year old girls so he could reply to Kangas's messages (which of course were actually written and given 'backdated'
datstamps by Mr X), with backdated messages from the girls' accounts, there remains a question of how he achieved this with Kangas's friends who
also discussed his relationship with the two girls, but would not have been willing to assist the prosecution. But, let's say for sake of argument, that,
somehow, Mr X managed to access their accounts too, and send 'backdated' replies to Kangas (or Kangas's account), why did none
of these people question why these strange messages were suddenly appearing on their own accounts as 'sent messages'?
There is of course the very major question of why any rational, sane person would do all of this, and risk prosecution
and a lengthy imprisonment for 'planting false evidence' for a crime such as CSC3? Particularly if they were a law enforcement officer or someone
employed in the MI legal profession. It could be argued that a law enforcement agency/agent might consider undertaking such activity if Kangas
was a dangerous terrorist, or a successful, habitual criminal, but the suggestion that all of this would be done, with the risk of a lengthy term of
imprisonment for doing so, to convict a foolish, homeless 20-year old, is absurd.
By this stage it becomes obvious that Kangas was unaware of what is involved in internet/Facebook usage and
the presence of the 'IP address', which is essentially a 'digital fingerprint'.
Internet activity is accompanied by an IP address. In Wikipedia we read:
"An IP address (abbreviation of Internet Protocol address) is an identifier assigned to each computer and other device...used to locate and identify the node in communications with other nodes on the network...The IP address space is managed globally by the Internet Assigned Numbers Authority (IANA), and by five regional Internet registries (RIR) responsible in their designated territories for assignment to end users and local Internet registries, such as Internet service providers...
And CNet states:
Each ISP or private network administrator assigns an IP address to each device connected to its network. Such assignments may be on a static (fixed or permanent) or dynamic basis, depending on its software and practices..."
"What's an IP address? Every computer on a network has a unique number. On networks such as the Internet that use the TCP/IP protocol stack (which is most networks nowadays), the unique number is called an IP address. When computers on a TCP/IP network talk to each other, they address themselves by IP address.
To techies, IP addresses are 32 bit binary numbers, but to normal people they consist of four decimal numbers, each between zero and 255,
separated by periods. As I write this, the IP address for the cnet.com website is 184.108.40.206..."
And Quora states:
"The various Law Enforcement Agencies don't have your IP information themselves, it's just that they know who contact and how to get a subpoena for the information. Normally this is your ISP, but it can also be various services like Facebook, Gmail, YouTube, and other common OTT services. All of these service providers keep records of what IP address is used for each account's access and your ISP will have records of who was assigned which address when and may have more detailed information than that".
In sum, activity that involves or includes sending Facebook messages will be accompanied by an IP address.
(it is possible to create another address by using a proxy server, Tor or an anonymizer, but this would not assist Mr X as it would still not provide
an IP address, the activity of which would coincide with the date on the 'fake' backdated message nor would it agree with internet activity (or inactivity) on
Kangas's account, or from his location or telephone line. If anything, it would create further doubt as these facilities often use IP addresses
such as those used in Asia, Africa, South America, etc).
The following sample extracts below, show that even if Mr X wrote 'backdated' messages from Kangas's account
to incriminate Kangas, and somehow, almost miraculously, was also able to send replies to these from Kangas's friends (who, as I say, would
not co-operate with such activity anyway and would also have to be silent about all these backdated messages suddenly appearing on their
accounts), there remains the salient factor that the IP address would show the messages were not written when the datestamp said they were,
and that Kangas was not the author.
The following statements from various articles testify to the fact that logs are kept of Facebook activity (e.g., messages sent and received) which would mean that if Kangas wished to challenge the authorship or authenticity of those messages on his old Facebook account, the IP addresses used could be ascertained and it would be possible to determine whether the addresses conflicted with the stated date/time and the location that Kangas used to
access the internet, etc. A message genuinely posted by Kangas, and dated as say, 28 January 2013, would have an IP address, of the same time and date, as allocated by the ISP used by Kangas at his location/address and with his telephone line. However, if the IP address that appeared, did not coincide with the apparent usage, but say a year later, then it would be clear the message, albeit dated 28 January 2013 was a 'fake'.
In the upshot, Kangas offers the 'fake message' scenario to explain the incriminating Facebook messages on his
account, but such an act would not and could not be done as 'fake messages' would be revealed as false as the IP address data would not
agree with the message datestamps and could also be shown to be unrelated to Kangas. It is for that reason,
that no rational person would attempt to create 'fake' backdated messages as it would be a waste of time. In contrast, there can be no doubt that if the IP
addresses for all of Kangas's incriminating messages were obtained and examined, they would agree with and show the time, ISP account, 'phone line and location that a genuine writing by Kangas would require. His argument therefore fails.
(NB. The prosecution's questioning of one of the girls made specific reference to how she and Kangas messaged each other through Facebook,
but no objection was raised about this by the defence attorney, nor was there any objection to this in any subsequent appeal).
"Law enforcement officials can trace your IP address back to your exact physical address."
"Non-Public Access Records: By necessity, Facebook sees your IP address every time you connect. For security purposes it even keeps records of the IP addresses from which you've logged in. However, this is not information that Facebook makes public to its users. The only IP addresses Facebook users can track through Facebook communications are the ones for Facebook's own servers. Facebook can, however, reveal this information to law enforcement
"Does facebook keep IP address of the user who logs in facebook or writes a post?
Yes Facebook logs IP addresses and keep these on record."
"Most of your Facebook data is available to you simply by logging into your account. For example, your Timeline contains posts you have shared on Facebook, along with comments and other interactions from people. Additionally, you can find your message and chat conversations by going to your inbox, or photos and videos you have added or been tagged in by going to those sections of your Timeline."
"We disclose account records solely in accordance with our terms of service and applicable law, including the federal Stored Communications Act ("SCA"), 18 U.S.C. Sections 2701-2712. Under U.S. law...A search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures upon a showing of probable cause is required to compel the disclosure of the stored contents of any account, which may include messages, photos, videos, timeline posts, and location information".
"Nearly a year on since Cambridge University researchers discovered that Facebook, along with other major social networks, doesn't erase server-side copies of your uploaded data, the world's biggest social network is still guilty of such a sin. Since then, the site has nearly doubled in size. It's now has the population of the third biggest country in the world, with tens of thousands of servers holding your data, which as soon as it is uploaded, belongs to them to do as and what
they wish with it."
"Your Facebook Data File: Everything You Never Wanted Anyone to Know
Indeed, the complete user file they received when requested through Section 4 DPA + Art. 12 Directive 95/46/EG is the same one available to attorneys and law enforcement via court order...according to Europe v. Facebook founder and law student Max Schrems, including:
Every friend request you’ve ever received and how you responded. Every poke you’ve exchanged. Every event you’ve been invited to through Facebook and how you responded. The IP address used each and every time you’ve logged in to Facebook. Dates of user name changes and historical privacy settings changes. Camera metadata including time stamps and latitude/longitude of picture location, as well as tags from photos – even if you’ve untagged yourself. Credit card information, if you’ve ever purchased credits or advertising on Facebook. Your last known physical location, with latitude, longitude, time/date,
altitude, and more."
"Facebook to release trolls' IP addresses. Nicola Brookes, 45, faced "vicious and depraved" abuse on Facebook...She took her case to the High Court in London where an order was granted last week compelling Facebook to reveal the IP addresses and other information of the people who had abused her."
"When I interviewed Facebook's director of security, Joe Sullivan, earlier this year, he told me the company provides only “basic subscriber information” in response to a subpoena, meaning a user’s name, e-mail address and IP address. Sullivan said that, to get a peek at a user's photos, status updates, private messages, friend lists, or pokes, law enforcement has to get a search warrant,"
"First, the enforcement agency has to submit this form. In it they must give Facebook your email address, user ID or username. Once Facebook has the form submitted, they will then prepare an archive for the police to review. That archive will include the following.
User ID number; Email address; Date and Time of your account’s creation; Most recent logins, usually the last 2-3 days; Your phone number, if you registered it;
Profile contact info; Mini-feed; Status update history; Shares; Notes; Wall posts;Friends list; Groups list; Future and past events; Videos; Photos; Private
messages; IP logs (computers and locations you logged in from).
You’ll notice that this list includes just about everything that you’ve posted to Facebook. In addition, it also includes a list of your Friends, which you didn’t technically add to Facebook yourself."
"An IP address is a numerical address that is used for internet access the same way that a telephone number is used to access the public telephone network.
When you connect to the internet your computer will always has an IP address associated with it in some way. However, the IP address rarely connected directly to a computer, but in fact is normally an address for a device between your computer and the internet, called a router. So the best you can do with an IP address is to find out the location and subscriber information for a router, not a specific computer.
Why is this important? Knowing the address for a router can be of limited use for the following reasons...The router may be in a person’s home. If this is the case, then verification that the router is secured from unauthorized access can become an issue. If the router is in a person’s home, specifically the person who allegedly posted the evidence items on Facebook, then a subsequent subpoena to the internet provider is required to find this out by verifyng the subscriber information.
Having the subscriber information would potentially show that the subscriber for the IP address at the time of the posting or account creation is the same as the person who made the posting.
To do this you would need to perform the following steps in order
1.Get the Facebook ID for the account of interest.
2. Subpoena Facebook for activity logs to include the date, time and IP address information for a specific period of time.
3. Locate the IP address for the date and time of interest.
4.Locate the owner of the IP address, i.e. Time Warner, Comcast, etc.
5. Subpoena the owner of the IP address for the IP address for the specific date and time of interest to get the subscriber information."
""Personal data is the 'oil' Facebook is drilling for," says Max Schrems, Austrian law student and founder of the advocacy group Europe versus Facebook. Facebook was, in Schrems' words, "dumb enough" to send him all his data in a 1,200-page PDF. It showed that Facebook kept records of every person who had ever poked him, all the IP addresses of machines he had used to access the site (as well as which other Facebook users had logged in on that machine), a full history of messages and chats and even his "last location", which appeared to use a combination of check-ins, data gathered from apps, IP addresses and geo-tagged uploads to work out where he was.|
As Schrems went through the document, he found items he thought he had deleted, such as messages, status updates and wall posts...
All messages, including chat, you have ever sent or received. They can no longer be deleted and US agencies can access them at will..."