And worse, they then asked the defence lawyers if it would be acceptable to add a 'no VPN' term...
Those defence lawyers then presumably consulted their client before agreeing to it...
So... SBF used a VPN, and was then asked "Heya, we're considering banning you from using VPN's because we can't track what you do on them, what do ya think??". And only later did a ban come into force... Giving plenty of time to use a VPN for whatever deeds he doesn't want the court to know about...
My understanding is that that's pretty normal, even for normal people. The prosecution asks the defense if they'll acquiesce to a particular term, and if the defense says no, the prosecution decides whether it's really worth it to push the issue.
Defendants often agree to changes like this to score some brownie points with the judge and prosecutor that they can cash in later on when they want to change bail terms, or want to fight some other change in bail terms. It carries a bit more weight when the defense says "we think X is unreasonable" if they haven't said that every time the prosecution brings something up.
> Giving plenty of time to use a VPN for whatever deeds he doesn't want the court to know about...
That's pretty much going to happen regardless. If the prosecution doesn't ask the defense, then they'd go straight to filing a motion. A copy of that motion would have to be served to the defense, and the defense would be afforded adequate time to prepare arguments against it. Practically nothing happens instantaneously in the legal world, barring egregious acts.
> plenty of time to use a VPN for whatever deeds he doesn't want the court to know about
This is why SBF’s counsel “represented that the defendant will not use a VPN in the interim.” Absent that representation, the government would have petitioned the court to revoke bail.
Those defence lawyers then presumably consulted their client before agreeing to it...
So... SBF used a VPN, and was then asked "Heya, we're considering banning you from using VPN's because we can't track what you do on them, what do ya think??". And only later did a ban come into force... Giving plenty of time to use a VPN for whatever deeds he doesn't want the court to know about...