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You sure they didn't just put different drives into the server for you or a future client?
That's nice! But you better mask that IP...
So you're in luck, the agency only cloned your drives to get you back online while they build a case against you. Keep filling up those drives with whatever you or your clients are doing to make their jobs easier. :P
Interesting that no one mentioned him so far:
He may be able to help.
Seems unlikely that happened so quickly - probably just a cockup at Hetzner.
To the OP, I recommend moving your stuff away from Hetzner, setting up backups and hiring a competent sysadmin. Get the sysadmin to look for anything unusual on the server that might suggest it was hacked and clone the disks in case you ever need to defend yourself.
That said, personally I don't see the point getting into a flap about legal grounds that might not even exist or spending money on a lawyer while the police don't even have a case. IANAL but seems to me it's not worth losing sleep over.
I would contact the 'Staatsanwalt' of the Amtsgericht Bamberg and offer assistance, unless I am aware of anything illegal going on.
Contacting a lawyer is of course the right way, it's very expensive though. I would think twice about that one.
And anyway, maybe they are after somebody else on the same server that isn't you.
>
I'd be more concerned about a data center saying "your drives were confiscated by XYZ agency, we can't legally tell you any more than that" and then later my server appears online and they say "oh, our mistake". Either they are unable to tell the client that there was legal intervention or they were reading the client notes for another client who's server was taken offline at the same time. Either way I would be concerned if any of my server went offline for a reasonable amount of time.
Also, I've talked to data center employees who said that the FBI has cloned dozens of drives and had the server back online before the client opened a ticket and were told to tell the clients it was a power failure.
.....
@KuJoe: You are definitely right. I think they have made a terrible mistake that caused me worried. But I am quite easy so I won't escalate it more. Maybe I should tag @Hetzner_OL here for his inform.
Are you sure these are your drives? In the past Hetzner has gladly replaced sized drives with new ones.
I can't. But I got my server online back by diagnosing by myself, without any inform from them. I think if they replace the disks, they should inform me, right?
Just ask them, if they changed your drives to new ones? If not, they probably removed the wrong drives from the wrong server before? But i can't imagine that^^
You seem to be under the illusion that they work for you.
Let me put it in different terms, you hire a car while on holiday, you do some stupid shit and the police take the car off you, do you feel the car rental place who now has all the work and hassle and who has just lost a car should just wipe your ass after you shit on their doorstep and treat you as a priority for a replacement car?
What is wrong with you, the sense of entitlement is insane, have you even apologized for getting their equipment that they own taken from them by the police?
You have removed my comment from the context.
The only mildly insulting part in this post is the ‘sits in shit’ part, which is directly quoted from the post above I was responding to.
Apologies if you felt insulted or offended in any way. It was in not my intention at all.
No, you don’t need to be a lawyer to use our or hetzner services, but you have to respect the local law in the country your server is at, as well as the provider TOS. It’s great if you did, however in your second post you clarified that you don’t feel bound by it since you live in Asia, and are interested only in getting your server back. Ultimately none of us knows what happened. We can only base our comments based on what you write, my comment was in relation to the attitude you presented alone.
Hope it clarifies.
How about the case when they made a mistake to inform me instead of someone else? You are looking at 1 direction and under the illusion that I did something wrong.
I'll ask them and report the result here. Let's see.
Also, you seem to have strong evidence that they did a mistake. To me it seems like the drives were handed off to the investigating agency and new drives were placed in your system, possibly by same court order.
Your drives ? So why does it says disk /dev/sd{a..b} doesn’t contain a valid partition table ?
Why did you had to re-install the OS if these were the same drives ?
It clearly looks to me like they put new fresh drives in this machine, I don’t see any mistake on Hetzner end based on the evidence you provided to confirm their alleged mistake.
@levnode - Please contact us/the authorities directly in this manner. LET is not the proper form of communication for these kinds of questions.
Because of personal data protection laws in Germany/EU, we cannot make comments about any of our customers in a public forum, regardless of whether or not they might be involved in an issue with legal implications. --Katie, Marketing
hetzner does not allow any kind of porn
We had the same issue in Germany, however, our DC refused to give away our HDDs. We got in touch with our cause officer. We contacted our client and end up it was a brute-forced client was not aware of it. We informed our officer the VPS was Brute-Forced and it's not our fault or our client and explained what we do and cause got closed. Simple as this. You don't need to provide any information of client as long you explain it well even with a court order.
I would suggest asking Henzer for Cause Number and email to the officer involved in your cause. They are fast to respond with 3 Hours by my experience.
a. Would have never informed him;
b. Would have kept the downtime to a minimum AND would have kept the data on the disks (clone, not handle the disks, even keep the same disks as the customer or OS may have needed the same serials etc);
@Maounique do you really feel that anyone would share particulars of the case with the host?
I do not understand what you mean. We do not know the details, but I went on the logical scheme what would have happened if...
The only case I did not consider (I did, but rejected as absurd) is that the police considers there has been a crime, pulls DC property due to customer's supposedly illegal usage (they do not investigate the dc here, right, and if they do the DC does not share details about their case with the customer), does not tell the DC to keep quiet about it so the operation continues, yet, there was no ToS violation and the customer is given new disks to reinstall and go on using the service. I dont know about you but this looks pretty absurd to me to the point not worth being considered.
then that simply wasn't the same/comparable issue.
if there is a court order to seize the drives, the datacenter does not have a choice. if neccessary the authorities will get the drives by force and I am very sure no datacenter around here will break a fight against them over some drives.
so more likely in your case there might have been a request by authorities or police or whomever and then of course the datacenter has all right (and probably even obligation) to refuse handing over anything.
this! exactly.
the data is gone, probably new disks and therefore not just an awful fail on their end.
while mistakes may happen everywhere I strongly doubt in such a case they won't check multiple times to make sure they pull the correct drives...
As I said, it can happen, the bigger the DC, the more frequent the cases. It definitely happens more that most people can imagine, AWS people can fat finger some command throwing off customers worth millions a month, why cant we imagine some hezner guy can go to the wrong rack or server?
Innocent until proven guilty, which is why new drives would be provided, and potentially increased attention paid to the activity to the user.
Naturally, they wouldn't know the particulars of the case so they can just assume what could have happened, same as we here. Clearly, the company policy seems to be to replace the seized drives, as according to other members here it happened before.
It seems extremely unlikely, and so far all evidence is to the contrary, that Hetzner has pulled wrong drives.
http://www.cyberbunker.com/web/volunteers.php
I guess they will fight for their customers (again).
I suppose they will be connected to the Internet telepathically then. I've never benchmarked telepathic connectivity yet.
If they really build this bunker I guess they found a solution for that. Maybe they started an illegal satellite or something like that.
Then no point hiding the bunker. Every transmission can be located if they miss someone off well enough, and I assume this is built with this purpose (dressed in different words) in mind.
In most european states there is a principle of proportionality deeply rooted in the legal systems. It roughly states that what the legal system and lea does must be in proportion to the situation/case.
If, to come back to your example CP, a case is about CP (gravely illegal) and lea has already some clear and legally useable hints, say 2 witnesses having seen it on Mr. X computer, then the a.m. principle would justify to enter Mr. X premises and to simply take away the whole computer. If on the other hand a case is about, say, the dmca mafia pointing at you based on but an IP in some log suggesting that you stole-downloaded some song, then lea will neither enter by force nor will they take away your computer.
Based on what you told us it looks to me as if either that server is seen as merely holding some evidence (you just happening to own/rent the system), i.e. you are just some kind of witness - or - lea/justice system from another country, possibly yours, has asked for the disk content to be secured as evidence in which case the german authorities will usually walk the least harmful (for you) route and just pull the disk, copy it and re-insert it. This assumption also matches Hetzners cool attitude towards you.
You should, however, still use that case/file number and contact the Bamberg legal authorities and ask them what it's all about.