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Raisethefist.com Update
Posted by
michael
on Fri Feb 15, 2002 04:51 PM
from the free-as-a-bird dept.
from the free-as-a-bird dept.
d33l0w3 writes: "It looks like Sherman Austin is off the hook for now. For those of you who missed the previous slashdot posting, Sherman was arrested on Feb. 2 for the contents of his website raisethefist.com. This comes as more of a surprise than the FBI raid on his house." Just a couple of days ago, the government was planning to transfer him to California to face charges there, but now according to Newsbytes, those have been dropped. Read that link I just gave - there's quite a lot of interesting information that came out during the hearing. The attorney's concern about Austin being jacked around in "detention" for an indefinite period of time says a great deal about our judicial system.
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Freedom of Speech is an absolute. (Score:3, Interesting)
In this case, it looks like there's a possiblity that he may have committed crimes... real crimes... such as vandalising websites.
Everything else, posting bomb-making instructions, advocating the overthrow of the government, should be *strictly* protected speech under the 1st Amendment.
Re:Freedom of Speech is an absolute. (Score:5, Informative)
Per my (IANAL) reading of 18 USC 842(p) they would have to prove his intent and or knowledge in publishing the information; that can be tricky to prove in court and may be part of why they dropped the charges.
It's always interesting to read the actual law when it gets cited in cases like this -- it really strips away the media bullshit. http://uscode.house.gov/usc.htm [house.gov] is a good online resource...
Parent
Re:Freedom of Speech is an absolute. (Score:5, Insightful)
I agree. And before everyone posts 'It's not legal to yell "Fire" in a crowded theatre,' I'll justify your statement. The theatre yell directly harms people by the act itself. The speech aspect is secondary. On the other hand, when dealing with instructions for committing illegal activities, the speech is primary. And we assume the harm will be carried out by readers, who will then go on to commit crimes.
But the speech acts as an enabler, so we should outlaw it, right? The problem becomes deciding which instructions for illegal activities should not be allowed. Fine, everyone agrees that bomb-making instructions are bad. But what about civil disobedience instructions? What about instructions for breaking an encryption? What about instructions for hiding money from the government? Which will we allow and which will we not?
The entire concept of the First Ammendment is that the government will never have the chance to make any of those decisions. The protection works by fencing off a whole area of public life from legislation. Sure, everyone could think of one or two laws that would improve society, but it is not worth tearing down the fence to do it.
Parent
You're missing the critical point. (Score:5, Insightful)
The critical point is that somehing that is violent in nature is prohibited. Look at your examples. Civil disobediance instructions are one thing. I'm assuming you're refering to tactics used by Martin Luther King, Jr. and Ghandi. Those aren't a problem, per se, and I doubt you would see a government agency trying to curb those type of instructions. Encryption is a diffucult issue, and I'm not going to dwell upon it, because that is a large can of worms in itself. Hiding money must be illegal, or you will have half the jackasses in the country not filing tax returns for "political beliefs", or some such bullshit.
What I really take issue with is when someone implies or says that everything should be protected, due to that fact that the judgement of others may be incorrect or go too far. Well, welcome to a democracy, Bub. It's easy to sit there like an armchair quarterback and cry "foul" whenever the line is crossed. Yes, there will be mistakes and problems. Laws written by people and enforced by people always will be, by definition, imperfect. But to suggest that teaching people to engage in patently illegal, and especially dangerous, activites should be protected is BS. What if the government did nothing to stop it? Morons who want to build bombs or chemical weapons because they don't like the government ought to have easy access to this information? Is that really what you're suggesting? Think about it: That information is provided for a reason. This idiot kid wasn't putting up bomb instructions because he thought it would be a good thing for someone to know if the question ever came up in Trivial Pursuit. He wants to see the violent overthrow of the government. I know, hell, let's let them. Let the overthrow the government, and if we don't like it, then we can overthrow that one. And so on and so forth, until we plunge into total anarchy.
Don't get me wrong, I think free speach is one of the most vital of our rights. But don't sit there and say that hard judgements and tough calls shouldn't be made, simply beacuse you fear the results. If you're really worried about it, join the FBI or the Justice Department and then someday you can be the one making the tough calls. Although, I suspect you'd end up explaining to a roomfull of reporters why a 6th-grader made mustard gas and unleashed it at his school with instrutions he downloaded from a website you didn't want to shut down. Your arguments are good ones, but you're not thinking to the next step: consequences. Thanks.
Parent
Re:You're missing the critical point. (Score:3, Insightful)
As much as I'd like to be in control of a police state...
American democracy is sucessful because it is not a pure democracy. (And I'll avoid repeating Goldwater's now cliched statement because it annoys me to hear people misuse it, even if it is true.) Our constitution limits democracy incredibly. One of the limitations is the First Ammendment. We, the People, cannot, even through our elected representatives make laws to limit speech. (Well, 3/4 of the states could by ammending the constitution, but we couldn't by simple majority.) That violent speech distinction that you spoke of is not in the constitution. And once we feel free to ammend or ignore parts of the First Ammendment whenever we feel like it, it isn't much of a guarantee anymore. Re-read the last paragraph of my post to which you replied.
Re:You're missing the critical point. (Score:3, Interesting)
This basically says that the purpose of the United States government is to protect it's citizens.
When this twit decided to make bomb-making instructions available to anyone, regardless of how irresponsible they are, he was just trying to find someone else to blow up public buildings because he was too afraid to. Allowing people to do this in no way "promotes the general welfare." It only increases the likelihood of innocents being killed.
still not right. (Score:2, Informative)
The moron had a molotov cocktail in his car, along with a gas mask and shield, after he stated pretty clearly on his website what he intended to do with it.
The fact is, he promised or at the very least inferred that he was going to commit a violent act. The website is just testimony to that fact, it's not a freedom of speech issue.
Ctimes2
Re:Freedom of Speech is an absolute. (Score:2)
Try yelling "fire" in a crowded theater. Report back to us what happens when you do.
Probably the only thing that's absolute is that there are no absolutes. For instance, just because I'm an advocate of the individual right to keep and bear arms as provided in the Second Amendment, that doesn't mean that I think convicted felons or the mentally incompetent should be able to possess firearms. Likewise, if you put up a website that advocates violence or armed revolt, you can expect to be bitchslapped by the authorities. Hard.
What is that great deal? (Score:2)
What does it say about our judicial system, exactly? And how is the following (from the government's lawyer) 'jacking around'?
Re:What is that great deal? (Score:2)
Free Speech my ... (Score:4, Insightful)
"Austin allegedly defaced at least five commercial Web sites since 1999 using the nickname "Ucaun." On three of the sites, Austin left behind a hacking program named troop.cgi that was designed to attempt to log in to a computer operated by the U.S. Army, the FBI affidavit stated.
In the interview, Austin acknowledged that he vandalized the Web sites and that he knew it was illegal to do so. " -newsbytes
book him! He was not busted for his anti-american website he was raided cause he's a stupid script kidde. I love how they throw some guy who lives in another country, with a wife and a family living under rules that makes what he does NOT illegal, giving a speech in America in jail and makes him an example but lets this little punk off.
Re:Free Speech my ... (Score:3, Insightful)
If the FBI really had found fertilizer in his car and Molotov cocktails in his apartment, as they claimed, do you think they'd be letting him go?
what about hacking charges? (Score:2)
*growl*
someone please paste article...
Is this a Michael story? (Score:5, Insightful)
Raisethefist was an idiot anarchist website advocating the violent overthrowing of the US Gov't. Therefore, defending this punk is foolish. However, he wasn't raided because of the website. Freedom of expression rights remain intact.
He was raided because he hacked into a number of US government webpages, replacing their front pages with a pointer to his own website. The government agents were heavily armed due to his presented stance on raisethefist. Hell, if it takes assault rifles to retrieve little Elian, it obviously takes a LOT of assault rifles to raid a soi-disant violent anarchist.
Really, now. Are probable 18 year old script kiddies really worth our time?
Re:Is this a Michael story? (Score:5, Interesting)
For one thing, not all anarchists are out building bombs and assassinating archdukes. Anarchism is not idiocy. It may not be viable, because it presumes that people will act as mature adults. But it does provide a useful counterpoint to the totalitarian police state that the U.S. is becoming.
Why is it foolish to defend someone's right to advocate violent overthrow of the government? Isn't that exactly what was advocated in the U.S. Declaration of Independence? Is the current government of the U.S., led by a President whose election was of questionable legitimacy, any more overbearing, unresponsive, and corrupt than that of George III?
Parent
Re:Is this a Michael story? (Score:2, Insightful)
Anarchism is not idiocy
Well, it is. And it's also the privilege of the middle class to pretend (a) that they know what it is and (b) that they would like it if they lived in one. It's something that most people grow out of.
Re:Is this a Michael story? (Score:2)
IMO, yes, they are worth our time because if we don't influence them now while they are young, they will grow up to cause even more damage.
If parents would try harder to properly raise their children, a lot of our social problems would go away. Until then, we, as society, must strive to properly influence the "bad" kids.
What petroleum products, specifically? (Score:5, Funny)
>
>12 MR. HOU: There were two Molotov cocktails that were in various states of finality. There was one which actually had the wick in it, I understand, from the FBI agent, and it was tested. The materials were tested to determine what was inside, and it was later determined -- the FBI determined that it did contain petroleum products.
Note that they don't specify which petroleum products were used.
With a name like "raisethefist", it could have been "petroleum jelly". Exactly what that petroleum product would be doing on a bottle is left as an exercise for the goatse.cx guy.
So he (ahem :) got off. He's still a skr1pt k1dd13. A lucky skr1pt k1dd13, probably the luckiest skr1pt k1dd13 on the planet, and a hell of a lot luckier than he has any right to be. But a skr1pt k1dd13 nonetheless.
Re:What petroleum products, specifically? (Score:2, Interesting)
What about Special Edition crown royal that is wrapped in cloth, can that be considered unlicensed molotov cocktail in late stage of development since alcohol is flamable?
Biggest Molotov cocktail to date: Boeing 737 and the people that used it are still at large
Freedom of Speech, and threats against Olympics (Score:3, Interesting)
There are ten ammendments in the Bill of Rights (Score:4, Insightful)
Please note that 'arms' is a generically unlimited term. The current focus on guns is a bit of legal slight of hand. Here in NY state I can walk down Main Street with a rifle and I am in within my legal rights, but the *possesion* of a wrist braced *slingshot* is a felony. This is unconstitutional, but who has the 10 years and $50K to fight it?
One also might wonder just how one goes about 'regeistering' a Molotov cocktail with the
FBI.
Comes to that, my local supermarket is crammed full of petroleum products and explosive devices.
What are they going to do next, ban exothermic chemical reactions?
KFG
Parent
Re:Freedom of Speech, and threats against Olympics (Score:3, Informative)
all of which was in question by the defendants attorny, and from reading it, I doubt they existed.
Oh, and If I was going to a protest, I'd bring a gas mask.
It seems to me YOU didn't read the court report.
Why this again? (Score:5, Insightful)
This guy should be slammed. . . (Score:4, Insightful)
There is a distinct difference.
If everyone who ever said "I'll kill you" was guilty of murder we'd all be on death row.
Possesion of petroleum products would also see most of us behind bars.
Most of us have never defaced a website with malice aforethought.
He ought to get bitchslapped for that. Yes. And hard. Like. .
KFG
Parent
Re:Why this again? (Score:3, Insightful)
The kid should get whatever he deserves under the law, within the limits of what's left of the Constitution -- I don't think anyone can make a serious argument against that. However, it would be equally difficult to make a serious argument that this isn't just grandstanding on the part of the Federal government, taking advantage of the public's bin Laden-induced cerebral paralysis to persecute anyone they can get away with while no one's too concerned about civil liberties. A parallel could be drawn to the John Walker Lindh case, where an individual who is arguably pledged allegiance to and is a citizen of Afghanistan is being tried for treason as an American citizen.
It's actually fascinating to see Americans, who have for fifty years chafed under political movements aimed at suppressing all forms of public hatred, suddenly unleash all that pent up nastiness on Moslems, Arabs, random nutballs (like this guy), and legitimate domestic dissidents as soon as something like 9/11 makes them feel like they have an excuse to behave like inbred, semiliterate rednecks with a cross to burn. I don't suppose it should be any great surprise to see the beast that lies under the thin veneer of civilization, but I always thought it would take a deeper scratch.
I wonder how long before we have something like Orwell's "Five Minutes Hate" for Goldsteinism. Oh wait -- that's CNN.
Cry me a river... (Score:5, Insightful)
Fortunately, they're only dropping the charge of posting explosives information (which is a crock, and definately a violation of his free speech rights), but hopefully they'll still send him up the river for his defacement of corporate websites. If I spray paint "Flander's sucks" on my neighbors house, I'm either going to pay a fine or go to jail. Same goes for someone's website. Of course, I wouldn't expect a "self-described" anarchist to give a damn about individual property rights.
May I suggest (Score:5, Insightful)
Too Bad (Score:3, Insightful)
Does anyone else find it just a little ironic that this loser is using the Internet (created by government, propagated by corporations), to spew anti-government and anti-corporate rhetoric?
Radical anarchists (Score:2, Insightful)
On February 3rd of this year, the New York Times had a picture of a teen with grungy clothes and long hair being arrested for inciting an out-of-control protest at the WEF. That teen, Chris Villanella, used to attend my middle school. Back in 8th grade, he was your everyday dirty hippie in the making. Because of his poor grades and general misdemeanor, he was to leave the school in 9th grade. Eventually, he became a habitual drug user, was kicked out of his home, and somehow ended up as the leader of an anarchist 'black block' protesting at the WEF.
Though he says that the protest was completely peaceful and lawful, he marched his 'block' (mob?) with 20 riot shields, obviously disturbing the police forces there. After his block was broken up and he after he was placed under arrest, he was detained with his comrades in a filthy bus. After about 24 hours, they started rocking the bus, breaking windows, and causing general havoc. He was later moved to jail, and was eventually rescued by his parents (after they saw him on the front cover of the newspaper).
Of course, now he thinks that he's some sort of fucking hero who endured the oppression of our totalitarian government. He and his cell-mates are going to write a collective essay on their experiences. Considering that they haven't had one full year of high school combined, I can only imagine what kind of tripe they'll be pushing.
I see the Raisethefist guy in the same light. Fine, he's some guy running a webserver with anarchist material directing against the Feds. Now that he's been detained for 'absolutely no reason', he'll try to put all the blame on the Big Bad Government. Anyone else see why this is *really* lame?
I don't like anarchism, but anarchists are even fucking worse.
Mod this Moron Down! (Score:5, Informative)
Are radical anarchists all alike?
Surely you are too busy poking fun at your former high school classmates to attempt to understand where anarchist ideas of society are comming from. Try reading Chomsky [spunk.org], Emma Goldman [tripod.com], or Anarchist People of Color [illegalvoices.org]. These voices will probably expand your view of anarchy more than the image of your classmate. (By the way, what the hell were you doing in 9th grade cool guy? Were you the like Emilio Estevez in the Breakfast Club? Maybe you were like the Fonz? Naw, you were probably pimply and obnoxious, like everybody else that age!)
I attended the WEF protests and I can say (with much video to back this up) that it in no way was it out-of-control. In fact the police were acting in a completely unconstitutional manner, harassing the peaceful demonstrators (check out a Village Voice story about it here [villagevoice.com]). Those people who were arrested at the Saturday were arrested because they were carrying toy police equipment, not because they were doing anything illegal. I think the police thought that the plastic Toys-R-Us batons were going to be used for terrorism or something.
By the way, if you knew anything about the WEF I am sure you would think twice about attending a protest against this unregulated group of businessmen. WEF members include BP Amoco, Exxon and Nike.
Here is a blurb I found about BP Amoco:
In addition to economically destroying the social structure of this once agriculture based society, BP financially supports the Colombian military which is notorious for its human rights abuses. Since 1987, 35,000 noncombatants have been murdered or 'disappeared' primarily by the BP backed military and its paramilitary allies. In 1997, BP admitted that it has provided the Colombian Ministry of Defense with $8 million.
And Nike?:
Nike pays workers less than $2 per day - an amount which is often significantly below a living wage.
Get a clue dude. Who cares if your friend was dirty in 9th grade. You were probably picked on too. Fight some real battles, against jerk-offs like the WEF members. For more info about the WEF read this article [anotherwor...ssible.com].
Parent
Re:Radical anarchists (Score:4, Insightful)
You ever stop to think why the bus was filthy, given that it was filled with dozens of protestors that were not allowed to use a toilet for at least 24 hours, never mind how many hours since before they were arrested.
As for rocking the bus and breaking windows. Here in Seattle during the WTO protests, at least one bus full of bound protestors got the pepper-spray and tear-gas treatment. If you were in that situation, you'd be trying to kick some windows out pretty fast.
I notice nowhere in your post did you say that this guy was ever convicted of anything. As for him claiming about being detained for "absolutely no reason", did they ever even file charges against him? Here in Seattle, most of the hundreds of people arrested never had charges filed against them. You might say if you are arrested, that the charge against you is the "reason" you were arrested. If there is no charge, then, legally, there isn't much a reason, is there?
Some would say being a dirty hippy and disagreeing with the government is reason enough to arrest someone, I'd hate to jump to conclusions about your particular political ideology, though.
Parent
Evidence of government incompetence (Score:5, Insightful)
2. They can't tell wires, a gas can and duct tape from implements of mass destruction.
3. They can't transport a suspect across the country in less than six weeks - not only could he beat that with a car, he could beat it with a bicycle for Pete's sake.
4. They can't arrange a change of clothes or a shower for a prisoner in four days.
5. They can't tell a snotty mouthy kid from a terrorist.
But don't worry - we're safe because these people are protecting us. Hah. And don't worry about them violating your civil liberties - these clowns couldn't organize a drunken party in a beer factory.
Your tax dollars at work. Sheeesh.
Is there really free speech? (Score:2, Interesting)
Every time one of these web site related cases arises it's as if the ideas of free speech and first amendment rights are evolving into nothing more than an illusion which, when extrapolated further, could also describe American democracy itself.
I'm not anti-american by any means, i'm just saying people need to give these kinds of issues more attention.
Cached Site (Score:2)
[archive.org]
http://web.archive.org/web/20011218062013/www.r
Confessions of a Teenage Hacker (Score:2)
C'mon slashdot, this guy cracked into computer systems. He's in an unfairly prosecuted fringe group, but he also broke into other people's computers, that makes him a criminal.
Of course, the FBI probably overdid it, and we absolutely NEED anarchists and the like to make sure the first amendment remains in effect, especially now after Sept.11. I hope his site was mirrored someplace, and ten new versions popped up for the one they took down.
But I can't feel sorry for him. And I really don't know why /. thinks this is news, either way.
No censorship on Slashdot (Score:2, Interesting)
Further, it is ironic that the poster of this story, Michael Sims, has been accused by his former partner in running censorware.org, of effectively censoring [sethf.com] that website because people questioned his authority and he happened to control the domain (which he still does, censorware have been forced to set up shop at censorware.net because Sims is still squatting on censorware.org).
The Slashdot editors seem to believe that they are justified in censoring comments which users clearly want to see (as shown by positive user moderation), and if anyone doesn't like it, they should go somewhere else.
Of course, they are right, but their attitude suggests that they believe they are what are valuable about this website, not the users who share their knowledge and opinions in these forums.
Is this comment "off topic"? I challenge the editors to let the readers of this website decide.
He's still a moron script kiddie vandal. (Score:2)
He claimed to be a terrorist. (Score:3, Interesting)
"Yeah, motherfucker, I'm a terrorist to the U.S. Government. I'm a terrorist to capitalism, not to innocent people. I'm a terrorist to the evil system that's terrorizing all of us. Fuck the Government.
I hope they burn in fucking hell right back where they came from, motherfuckers. You can't fool all the people. We know your fucking style."
Here is another quote read by the prosecutor:
"We don't gather weapons, plan extreme operation, and risk our lives for nothing. This is real."
So even if the guy isn't a terrorist, he is spectacularly foolish, why would anyone expect to write this and be ignored. It is a testament to his coddled spoiled existence that he thinks that this is acceptable behaviour.
He doesn't need protected from the FBI, we need protected from him. He's a NUT, with aspirations to acts of extreme violence, including grandiose fantasies of using weapons of mass destruction against governments. I don't care if he meant what he said, I don't need to waste time worrying about it, if someone says this kind of crazy thing they should go to one of two places, jail or the nut house. I don't care which, but this isn't about speach, it's about unbridled threats of violence.
law against spectacular foolishness (Score:5, Funny)
Parent
Talk about a contrast (Score:3)
Then his lawyer talked and basically trashed all those distortions. When she presented the facts, all of the sudden a totally different picture emerges. He's not some violent fugitive... he's up on some misdemeanor charges. He wasn't even charged with a felony.
I think this is a preview of things to come... the government uses hyperbole and fear to push judges to smack down the most minor offenses. It's legal FUD.
Re:Uh... (Score:2)
Re:Uh... (Score:5, Insightful)
It's not illegal to call for a revolution. That's what Thomas Jefferson did, remember "We pledge our lives and our sacred honor" "the tree of liberty must be watered with the blood of patriots"? Doesn't Bush call for the spilling of blood every other day, in some manichean war?
It seems reasonable that if you have a (perfectly legal) website which includes describing molotov cocktails that you actually have made these cocktails and some are in your home. As long as they are not used, you have a right to do this. Do you have a gun in your house? A gun is far more dangerous than some petrol in a bottle. Maybe we should arrest all the groups who argue against excessive govt. powers and who also stockpile arms. They also call for revolution.
And all he did was protest -- the only charges filed against him were jaywalking, not dispersing, conspiracy to not disperse, etc. The FUD about "weapons of mass destruction" and "terrorism" amounted to nothing more than duct tape and potting soil. Unlike the FBI, he never committed any violence, did not lie about his identity, and did not hide from any courts. Moreover he is not a terrorist. Read the trial transcripts before you're so quick to shout "terrorism" in a crazed nation.
Parent
Lets look at it this way... (Score:3, Interesting)
Said anarchist is unfazed and travels to NYC anyway and gets nabbed.
Summit is now over with no real "incidents". Suddenly, the FBI is all sorry for the inconvenience. (but good luck getting your computers, papers, car, and other misc. property back).
So what we have here are possibly pre-emptive raids by the Feds. Possibly to shut him up and intimidate him. I would not be suprised if this happens again to someone else when some more corporate/government bigwigs try to pow-wow in another American city.
Re:Uh... (Score:3, Insightful)
I see. This is sort of like the opposite of innocent until proven guilty. But who knows, if you prefer the pre-emptive strike approach, there are plenty of third world regimes which share your suspicion of protesters.
If I am a cop and I see a kid with a gas mask at a protest I am going to definitely just looking for him to do something wrong.
Sounds reasonable. But the anaogy is if you are a protester and have been gassed before (simply for protesting) then you might decide to bring a mask the next time -- I hope that sounds reasonable to you, too.
Moreover, there is a difference between "watching" a suspicious person before he does something wrong, and arresting him, holding him incommunicado for 4 days, and detaining him for an additional 10 days before you realize that you don't have any real evidence against him, and of course keeping his car and wallet.
Moreover, in their attempt to keep him in jail the FBI lied to at least one judge, spread lots of FUD, and acted in an abusive way, generally. Now you should agree that that's a lot different from "keeping an eye out" when someone wears a gas mask. The problem is that if the target is unpopular or upsets people in this post 9/11 nation, then the govt. can do just about anything they want to him, and they will keep the sympathy of people such as yourself. I hope you rethink your views on this.
"off the hook" (Score:3, Insightful)
he was detained for 4 days without access to a phone (or lawyer).
he was denied bail because the FBI claimed he was a menca to the community .. and then dropped the charges against him.
during the bail hearing they accused him of possessing "weapons of mass destruction" and of being a terrorist -- they lied to the judge in order to keep him in jail.
Maybe you have no problems with the above points, but I do. This is not a "conspiracy theory" -- read the story.
It would be rather difficult to gain evidence for a criminal case without inconvenience to those poor, mistreated suspects.
If you can explain to me how the above points were needed to gain evidence or investigate, then be my guest.
The FBI investigated him for over a month before this and found, basically, nothing. But even if these steps are necessary, and everyone who is arrested can be treated this way, several laws as well as constitutoinal amendments would need to be repealed to justify this sort of treatment.
Re:Against the law to publish (Score:2)
they dont sell TNT at your local Target store...
Re:Against the law to publish (Score:2)
There is also, constitutionally, no license needed to speak or publish. Even state secrets. Research the "Pentagon Papers."
Also have a look at the Steve Jackson case, where computers were legally defined as printing and publishing devices and constitutionally illegal to seize, as was all private corespondence by e-mail without a warrant specifically for that piece of mail. The government has no legal right to seize an entire computer. Only copies of those *files* that are directly related to the alleged crime. Your monitor or CPU are NOT evidence, and only evidence, under warrant, may be legally seized. Thus, at *best*, the government can only seize media, such as your hard drive.
The fact that millinos of Americans now believe otherwise is a sad indictment of what we have become.
KFG
Police and "Molotov Cocktails" (Score:5, Informative)
As for the molotov allegation, if it actually is true that he had a molotov, then the prosecution would have no problem getting a conviction, given the evidence they claim to have. Apparently, though, they didn't feel so certain, since they dropped the case.
There is a very simple explanation, though. The FBI sent the kid's name to the police in New York, and when he was picked up when the police were clearing the streets of protestors, his name popped up on their list. They then concocted some bogus but serious-sounding charges so that they could keep him off the streets until after the World Economic Forum left New York. Now that the WEF has left, they dropped the charges. They also have the bonus that if he gets picked up at some other non-violent protest, they get to tell the judge about these very serious-sounding charges and he'll get screwed around with more.
They literally do this everytime there is a big protest, at least since the the early 90's and probably much farther back. In San Fransisco in 1995, several hundred protesters were arrested, and they were all released without prosecution or conviction. A class-action lawsuit was filed (and won), since it was clear that the arrest (and a few days in jail) was an attempt to punish protestors with no evidence and no intention of prosecuting.
In 1996, at the Democratic convention in Chicago, police targetted protestors with cameras, arresting dozens with no evidence (seizing the tapes and often destroying the cameras). Again, once the Democrats left town, everyone was let out of jail with no prosecutions or convictions.
Even in Seattle in 1999, where there were a few legitimate arrests, hundreds were arrested for no good reason and were later let go with no prosecution.
Bogus arrests, with charges dropped after dust settles is a standard tactic. Often most of the people are just held in jail for a few days without even being charges (in many states, it is illegal to hold people for more than 48 hours without charging them with something, but that doesn't stop them from holding people for a week or so). Nevermind that a week in jail, innocent or not, will usually get you fired from your job, and a week in a cage with various physical and verbal abuse is punishment without a conviction.
Repeat after me, "innocent until proven guilty." I know it's a bit unfashionable nowadays to talk about such outdated concepts, what with the "Axis of Evil" threatening to destroy our freedoms, but if Disco can make a come-back...
Parent
Re:Police and "Molotov Cocktails" (Score:3, Funny)
He was going to take his "no ID" and use it to pry open the door to some building. Then he was going to disassemble the gas mask and take out the activated charcoal and pile it neatly in the basement. he was then going to carefully place the rubber part of the mask on top of the charcoal. Next he was going to make a long wick by tearing his black mask into strips. Standing from a now safe distance he was going to light his mask wick with his lighter and run like hell before the ensuing explosion brought down the entire building and maybe even some adjacent buildings.
Lucky they caught him who knows how many people he could have killed with those masks and that lighter.
Re:How accused people are treated (Score:3, Insightful)
Just to avoid confusion caused by my sarcasm, I agree completely with your post.