Former FTX CEO, Sam Bankman-Fried, has agreed to pay for a security expert to assist the judge overseeing his fraud case in navigating modern encryption technology. The expert will help the judge navigate issues regarding encrypted messages, privacy-focused messaging apps and virtual private networks (VPNs). The move comes after Judge Lewis Kaplan suggested at a bail hearing last week that a technical professional be brought in to aid him.
Background
Bankman-Fried was temporarily banned from using a VPN or any encrypted messaging apps until his bail terms are settled. The judge has been trying to achieve a balance between letting Bankman-Fried access communication channels to prepare his defense and the potential misuse of messaging apps and privacy software. Prosecutors have asked for strict bail terms limiting Bankman-Fried’s access to the internet and messaging platforms.
Bankman-Fried’s lawyers Christian Everdell and Mark Cohen sent a letter to Judge Kaplan on Feb. 21 agreeing with his proposal for a technical professional to aid him. According to the letter, “the defense has already begun researching and contacting possible experts and anticipates being able to propose one or more potential candidates to the court by the end of the week.”
VPN Use and Concerns
Bankman-Fried and his attorneys claim he used the VPN on two occasions, to watch the National Football League playoffs on Jan. 29 and to watch the Super Bowl on Feb. 12. A VPN obscures and encrypts a user’s internet traffic and is often used to change internet (IP) addresses, add a layer of security to communications, or access censored content in autocratic regimes. Prosecutors allege that VPN use “raised several potential concerns” with regard to potential access of crypto platforms that have blocked United States users.
Bankman-Fried’s choice to pay for a security expert to help Judge Kaplan figure out how to use modern encryption technology is a good one that will help make sure the trial is fair. It remains to be seen who the defense will propose as the technical expert, but they anticipate being able to propose one or more potential candidates to the court by the end of the week. The judge will continue to try to achieve a balance between letting Bankman-Fried access communication channels to prepare his defense and the potential misuse of messaging apps and privacy software.
