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College Police Think Using Linux Is Suspicious Behavior

Posted by CmdrTaco on Tue Apr 14, 2009 02:42 PM
from the so-is-your-mom dept.
FutureDomain writes "The Boston College Campus Police have seized the electronics of a computer science student for allegedly sending an email outing another student. The probable cause? The search warrant application states that he is 'a computer science major' and he uses 'two different operating systems for hiding his illegal activity. One is the regular B.C. operating system and the other is a black screen with white font which he uses prompt commands on.' The EFF is currently representing him."
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[+] Your Rights Online: Judge Says Boston Student's Laptop Was Seized Illegally 190 comments
You may remember a case we discussed this April in which a Boston College student's computers and other electronics were seized after he allegedly sent an email outing another student as gay. The search warrant made sure to note the student's ever-so-suspicious use of "two different operating systems," one of which was "a black screen with a white font which he uses prompt commands on." Now, the EFF reports that a Massachusetts judge has thrown out the search warrant and declared the search and seizure illegal. Quoting: "In her order Thursday, Justice Margot Botsford rejected the Commonwealth's theory that sending a hoax email might be unlawful under a Massachusetts computer crime statute barring the 'unauthorized access' to a computer, concluding that there could be no violation of what was only a 'hypothetical internet use policy.' Thursday's decision now stands as the highest state court opinion to reject the dangerous theory that terms of service violations constitute computer 'hacking' crimes. Justice Botsford further found that details offered by police as corroboration of other alleged offenses were insufficient and did not establish probable cause for the search." The court order (PDF) is available for viewing, and the EFF has broken down the significant arguments against the Commonwealth's claims.
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  • sure it is (Score:5, Funny)

    by platypussrex (594064) on Tuesday April 14 2009, @02:44PM (#27575545)
    This would be funny except it's scary instead . . .
    • by Anonymous Coward on Tuesday April 14 2009, @02:50PM (#27575667)

      What's scary about it. The Police are merely guarding our rights and preventing any of those terrifying terrorist hacker nazi communist muslims from setting off a dirty bomb and infecting us with anthrax.

      Don't you feel that giving up a few freedoms is worth the security that the Boston College Campus Police can give you in return?

    • Re:sure it is (Score:5, Interesting)

      by GNUbuntu (1528599) on Tuesday April 14 2009, @02:50PM (#27575677)
      Not to mention the fact that Boston College's Research Services runs it's own Linux cluster: http://www.bc.edu/offices/researchservices/cluster.html [bc.edu]. zOMG TEH CRIMINALS!
      • Re:sure it is (Score:5, Insightful)

        by MightyMartian (840721) on Tuesday April 14 2009, @02:53PM (#27575735) Journal

        And I'm sure, before Linux, they were running other evil black-screened operating systems with blinking cursors.

        You've gotta wonder if these cops ever made it to high school, let alone college.

        • Re:sure it is (Score:5, Insightful)

          by 3dr (169908) on Tuesday April 14 2009, @03:08PM (#27576037)
          For many of them, including municipal police, no, I don't wonder at all.
          • Re:"cops , IQ" (Score:5, Informative)

            by Ethanol-fueled (1125189) * on Tuesday April 14 2009, @03:30PM (#27576495) Homepage
            I believe the majority of what you say is bullshit. You're thinking of the department of Homeland Security, specifically the ICE. But modern cops do tend to be clueless about electronic crime.

            I can't get at TFA right now (EFF slashdotted?!) but I suggest you read the actual PDF of the justification to grant the search warrant. The detective's so-called credentials (after he left land management) include a page and a half of fluffed-up 1-hour cybercrime seminars.
    • by Wonko the Sane (25252) * <wts42@yahoo.com> on Tuesday April 14 2009, @02:50PM (#27575679) Homepage Journal

      We might as well give up. The country is lost. If you can't beat 'em - join 'em.
      Repeat after me:

      Four legs good - two legs bad
      Four legs good - two legs bad

    • Re:sure it is (Score:5, Insightful)

      by Red Flayer (890720) on Tuesday April 14 2009, @02:51PM (#27575695) Journal
      Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?

      Seriously, I'd love to be able to read more info on this... without knowing all the evidence presented to get the warrant, it's a little silly to say that his use of multiple PCs and Linux was enough for the judge to have granted the warrant.

      Most likely, the reason those items were brought up as evidence for the warrant is so that the warrant would cover the devices in question -- to justify action bigger than just reviewing his account history on the BC networks.

      If he was a suspect for some other reason, wouldn't it make sense that the police would have reason to search his multiple devices?

      I think the EFF does a lot of good things -- but their PR blurbs tend to leave out enough critical info that I am beginning to dismiss them out of hand.
      • by Shakrai (717556) on Tuesday April 14 2009, @03:00PM (#27575883) Journal

        Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?

        Yes, actually it is surprising. Anybody who has ever seen 24 knows that terrorists and the Government both rely on a single GUI interface for everything from tracking motor vehicles to taking over nuclear power plants.

        • Re:sure it is (Score:5, Insightful)

          by boaworm (180781) <boaworm@gmail.com> on Tuesday April 14 2009, @03:20PM (#27576303) Homepage Journal

          Yes, you can learn a lot of things from 24!

          Today I learned that, by vectoring two aircraft so that their paths cross at some point, they will instantly be sucked into the same spot and explode outside the White House. Somehow they even managed to disable the onboard TCAS system, being a closed system thats quite impressive!

          All this of course made possible by the "CPI device" that can bypass the one and only firewall that the whole US has to protect ALL its critical infrastructure.

          It can also jam radio waves from hundreds of miles away between different aircraft, from hundreds of kilometers away. I think Jack Bauer is in for trouble this time!

      • Re:sure it is (Score:5, Informative)

        by sed quid in infernos (1167989) on Tuesday April 14 2009, @03:06PM (#27575983)

        I think the EFF does a lot of good things -- but their PR blurbs tend to leave out enough critical info that I am beginning to dismiss them out of hand.

        Good call. The warrant affidavit [eff.org] goes into some detail about the alleged crimes. The informant is not anonymous and had provided credible information for other investigations. That is generally enough to meet the fairly low burden of probable cause.

        Certainly, there's a lot there for a defense attorney to attack. For example, the person whose property was searched has allegedly played a prank on the informant. That goes to credibility at trial, though, not to whether the informant can provide evidence sufficient to make out probable cause.

        • Mod Parent Up..... (Score:5, Insightful)

          by Shakrai (717556) on Tuesday April 14 2009, @03:22PM (#27576363) Journal

          That affidavit link was pretty good. The people who are claiming this is all because he called someone else gay or uses Linux should read it before pontificating. The student in question is accused of breaking into college systems to change grades and there is other evidence (DHCP logs) to suggest that he was behind these activities.

      • by Anonymous Coward on Tuesday April 14 2009, @03:16PM (#27576215)

        Make no mistake, campus security has always been afraid of the C.L.I.T. and any C.L.I.T. based activities.

        In fact, C.L.I.T. usage is on the rise in colleges around the globe, and there are rumors that even girls are starting to utilize the C.L.I.T.

        Luckily, some campus security teams are starting to employ the Defense Intercept Command Kernel (D.I.C.K.) to keep C.L.I.T. in it's place.

        • Re:sure it is (Score:5, Insightful)

          by Shakrai (717556) on Tuesday April 14 2009, @03:01PM (#27575905) Journal

          But the fact that it says he uses 2 operating systems to hide his activity

          If they think dual-booting is "hiding illegal activity" I wonder what they'd think of full disk encryption?

          • by GMFTatsujin (239569) on Tuesday April 14 2009, @03:05PM (#27575975) Homepage

            They'd hit him with a five dollar wrench over and over until he confessed his encryption crimes.

            • Re:sure it is (Score:5, Insightful)

              by mr_mischief (456295) on Tuesday April 14 2009, @03:13PM (#27576131) Journal

              Security [xkcd.com] is the title of this one.

            • Try that with me. I would have wrecked the keyfile device before they could get trough the door. Then even I could not give them a password.

              And about hitting me until I confess things I did not do. Well, in such cases, I switch on some kind of "crazy mode". I hit myself, laugh at their faces, put off all my clothes, twitch crazily. All that shit. Until their inability to understand me would start to become plain fear, and they would send me off to some doctor. From there I would get out.
              Also, If I could, I would take some weird pill that would make this an even better show.

              Don't fuck with me. You don't know what I have seen in my life! I can rip your whole reality apart in seconds.

          • by MillionthMonkey (240664) on Tuesday April 14 2009, @03:39PM (#27576685)

            Obviously, using command line is not "probable cause" for doing anything.

            Yes it is, if you're giving commands to destroy public infrastructure. By the time he was arrested, the machine had already reported a broken pipe.

    • Re:sure it is (Score:5, Informative)

      by The Empiricist (854346) on Tuesday April 14 2009, @03:01PM (#27575895)

      It's not as scary if you read the application for search warrant [eff.org] instead of the slashdot headline. The detective who filed the application had interviewed the suspect's roommate, who said that, among other things, he had "observed [the suspect hacking] into the B.C. grading system that is used by professors to change grades for student," that he suspected the suspect of damaging his brand new computer, and that the suspect had posted a fake web site profile of the roommate. Other evidence, such as network reigstration information, supported the detective's belief that the suspect had engaged in at least some of the alleged activities.

      The evidence needed to show plausible cause for a search warrant is very low, but it certainly isn't as low as merely using a Linux operating system. This search warrant is not evidence that the sky is falling.

      • Re:sure it is (Score:5, Informative)

        by megamerican (1073936) on Tuesday April 14 2009, @03:28PM (#27576467)

        This search warrant is not evidence that the sky is falling.

        Not in this case but news like this is becoming very commonplace.

        If you are aware of the Missouri MIAC documents [stltoday.com] or the Virginia Terrorism threat assessment document [slashdot.org] then you know that law enforcement are basically being trained to think you are a possible terrorist unless you do nothing but sit at home and watch televison all day.

      • Re:sure it is (Score:5, Interesting)

        by 0100010001010011 (652467) on Tuesday April 14 2009, @03:38PM (#27576673)

        Not to mention the amount of damning evidence against the kid. They have DHCP leases of when the mass email went out to the school.

        Roommate problems. One roommate sends out a mass-email to campus saying other roommate is 'gay' and coming out. It all sounds like a sophomoric prank using computers instead of posters, fliers, etc.

        It also alleges that back when the roommates were 'friends' hacker dude put a second account on roommates computer while fixing it.

        Half paranoia on some accounts, but for the most part most accusations sound plausible.

    • Re:sure it is (Score:5, Insightful)

      by MozeeToby (1163751) on Tuesday April 14 2009, @03:16PM (#27576195)

      Please tell me that someone else here actually read the full warrant. The kid is accused of harassment, theft, and copyright infringement. His use of Linux is tied only to claims that he encrypts people's hard drives for them so that copyrighted material can't be easily scanned for (which, as far as I know, isn't illegal).

      There is actually a pretty significant amount of evidence for these claims, especially the harassment claims. Two of the accused computer's were used (according to network logs) to send the harassing email. The only computer on the entire campus network to access the site used to set up the harassment was registered on the network as belonging to the accused. Is it enough to convict someone? Probably not by itself. Is it enough to get a warrant? I would say so.

  • Rent-a-cops (Score:5, Funny)

    by Citizen of Earth (569446) on Tuesday April 14 2009, @02:44PM (#27575551)
    Do rent-a-cops have any power to seize property, or is this just a case of theft?
    • Re:Rent-a-cops (Score:5, Informative)

      by Yokaze (70883) on Tuesday April 14 2009, @02:51PM (#27575681)

      Why should they have the right?
      If I'm not mistaken, the Boston College Police Department consists of
      Special State Police Officers [wikipedia.org].
      That they were able to obtain a search warrant should be another indicator.

      • Very sadly, IMHO (Score:5, Interesting)

        by Weaselmancer (533834) on Tuesday April 14 2009, @02:57PM (#27575829)

        True enough.

        I was walking through the basement of our student union building many years ago. The building was mostly closed - we were at a gaming con and minimal stuff was open. I noticed the door to the game room was ajar. I went in and started playing video games with a few of my friends.

        Turns out I tripped a silent alarm. About 15 minutes in, campus police busted in and threw us up against the wall at gunpoint. No kidding, I had a gun pressed against the base of my skull.

        All that for 3 geeks who were playing video games.

        We talked a bit with the cops afterwards. They bragged about how they had us "under surveillance" for over five minutes without any of us noticing. I pointed out that if that were true, did any of them notice the fact that we were *leaving* money there rather than taking it? Blank stares.

        So IMHO, they're worse than regular cops. They're bored out of their minds - and have real guns. They so desperately want some crime to deal with, but there just isn't much other than the odd frat house kegger that gets out of control or the occasional parking ticket. I'd be bored to near-insanity too.

      • by mckinnsb (984522) on Tuesday April 14 2009, @03:18PM (#27576259)

        Campus police are not rent-a-cops. They are real police. Sadly.

        As an alumni of Boston College I can tell you that the BCPD are not what most people think of when they think of "Campus Police" - they are a bona fide division of the Newton Police Department (in which Boston College resides) and have all of the powers that a normal police officer does - on or off campus. Unfortunately, because of this private/public entanglement, I have seen the BCPD get away with *far more* than any police department would on other college campuses. I've seen people get burned on other campuses (Wesleyean, URI, UConn to name a few) , but nothing like what I have seen at BC. They are very aggressive and care little for your rights.

        BC has a pretty Draconian administration - worse than any Jesuit school I have come across. They use the BCPD as a hanging threat - basically, you have to arbitrate any offense committed on campus according to BC's liking (aka, admitting your guilt) or else the case gets handed directly to the real, legal system with a fairly effortless transition, as their "Campus Police" really *are* police officers; their statements and actions transition to the Massachusetts court without a hiccup.

        In other words, if you want to defend yourself, you have to go to court - any attempt to do so in the arbitration process is impossible. If you admit guilt, there are many cases where it is still considered a crime, and still gets put on your criminal record even after arbitration -although agreeing to resolve in arbitration absolves you of any sentencing because BC then decides what your punishment will be (which is of course the reason why the option is attractive). I have a friend of mine who tried to enter medical school and once was at a small party where people were smoking Marijuana. He was too afraid to defend himself in a court of law, so he admitted guilt, and in the end he had to explain his charge of possession of marijuana to every school he applied to (He got in eventually).

        From what I understand, they also don't need a search warrant from BC for on-campus searches, because technically that space is privately owned by BC, not the college student, and the BCPD is always given tacit consent by the college. Computers and other containers are a different story however- I know a couple of people who got off the hook because the beer they had while they were underage was in their fridge (and hence a container, property of the student that would require a warrant in lieu of permission).

        BC does more harm than good by playing Big Brother to all of the student body. BC even goes so far as to have "off-campus RA's", or RA's that "watch" specific buildings known to have lots of students - and they all have the BCPD on speed dial.

        If it wasn't for the education, I would have transferred out after my freshman year. I hope this kid's lawyers are good.

  • by rolfwind (528248) on Tuesday April 14 2009, @02:47PM (#27575617)

    First time I ever heard that. Does Boston College suddenly come out with their own Linux Distro?

  • Judge: Would the prosecution give its opening statements in this case?
    Prosecutor: Ladies & gentlemen of the jury, I have every intent to prove to you today that the defendant is not only guilty but that the warrant application that granted us the right to acquire evidence practically wrote itself! Now, I am going to outline the warning signs that were evident in the days leading up to this case. I want you to close your eyes for a second and imagine your warm and fuzzy graphical (that's geek speak for 'good') user interface of Windows XP--that all you good Christian patriots use. Ah, the field of green with a blue screen and your well known icons and start menu where everybody knows your name and system tray with your favorite purple gorilla and application bar ... and uh--who's that over there?--it's Clippy!
    *pauses until he sees smiles cross the juries faces*
    Prosecutor: Now, imagine that all that is taken away and you're left with the cold dark nothingness of space--like before God created the earth. The heavens and stars aren't even there. It's nothing! And there, blinking unendingly, with no remorse or care for anything good is an intimidating cursor after some letters and symbols that no American could decipher. And as you type things like "I want to order shoes on Amazon" it responds only with the cold harsh words of the devil telling you that ordering shoes on Amazon is not a valid command. And Clippy? Clippy is dead.
    *takes a drink of water and smiles smugly as the jury begins to scowl*
    Prosecutor: And this is what the defendant used to send that e-mail. This ... this evil operating system is what hackers use. Maybe those hackers are the same ones that stole your credit card information? Maybe this operating system can only be understood by the criminally insane? I know I can't use it. It would be like me trying to read a book in German. You know who else spoke German? Hitler.
    Prosecutor: So you see, this warrant was basically granted from keystroke one after we found out that the defendant was using Linux--an operating system that encourages you to use a file sharing software to install it. The warrant is valid, I'm just asking you what else might have been done with Linux and its evil knowledge installed on that college student's head and computer. Your honor, I rest my case.
  • by Shuh (13578) on Tuesday April 14 2009, @02:48PM (#27575649) Journal
    Apparently this "computer hacker" is also encoding his computer work in an obscure "binary code" of only 1's and 0's. It's obvious he has a lot to hide: his hard drive is filled with them!
  • What? (Score:5, Insightful)

    by Jason Earl (1894) on Tuesday April 14 2009, @02:49PM (#27575663) Homepage

    You can get in trouble for writing an email saying that someone is gay?

  • by pnuema (523776) on Tuesday April 14 2009, @02:54PM (#27575777)
    1. This case involved a "crime" committed using a computer. I know personally if I was put in charge of investigating a computer crime, I would seize every piece of magnetic and writable optical media I could find in the suspect's possession. Doing less would be incompetence.

    2. This was from a search warrant application. Not every cop is computer literate. This is worthy of a few snickers, not a front pager.

    • by Celarnor (835542) on Tuesday April 14 2009, @02:57PM (#27575847)

      2. This was from a search warrant application. Not every cop is computer literate. This is worthy of a few snickers, not a front pager.

      If their job includes deciding who to go after based on what happens on teh intarweb, then they should be, or have access to someone who is. It's worthy of being a front pager because he isn't and no one stopped him on that basis.

      1. This case involved a "crime" committed using a computer. I know personally if I was put in charge of investigating a computer crime, I would seize every piece of magnetic and writable optical media I could find in the suspect's possession. Doing less would be incompetence.

      I think doing less (read: obtaining only items specified in the search warrant) would be more along the lines of "reasonable search and seizure", and anything more would be a violation of basic constitutional rights.

  • by Skapare (16644) on Tuesday April 14 2009, @02:59PM (#27575861) Homepage

    ... the cops that caused a city wide panic because they misunderstood a few funny lighted signs?

  • Bullshit title (Score:5, Informative)

    by DaveV1.0 (203135) on Tuesday April 14 2009, @03:15PM (#27576177) Journal

    Nothing in the facts say the use of Linux, in and of itself, was suspicious. Rather, it appears someone told the police the student was committing crimes and was hiding the evidence by use of dual-booting into Linux.

    This is bullshit FUD.

  • by DM9290 (797337) on Tuesday April 14 2009, @03:23PM (#27576367) Journal

    If anyone bothers to actually read the entire information they would notice that the warrant lays out grounds to believe that the accused has accessed school computer systems for the purpose of ALTERING GRADES.

    If that isn't "unauthorized" I'm not sure what is.

    As for the other charge of fraud, it isn't simply a matter of posting an article somewhere and saying 'so and so is gay'. its impersonating someone else and creating a gay profile for the purpose of defamation (which would be an unfair advantage). If someone pretends to be you, and misrepresents themself as you for the purpose of defaming you. This is the kind of misrepresentation that can amount to fraud.

    The hacking does not relate to the profile, but rather altering student grades in a teachers computer system.

    Nothing in the warrant says that the crime is "outing a gay person".

    The officer does seem to make too much out of the fact that the accused apparently can use linux on his machine. but after you remove the sensational parts of the warrant, there is still definitely an allegation of a bona fide crime.

    its unfortunate that cops think that judges are too stupid to follow a logical line of reasoning without dressing it up. But what do you expect when judges are elected and only people with strictly average IQ's can get hired as police.

    its entirely possible the cop was awestruck by linux, but it doesn't matter because altering grades is clearly the kind of thing almost everyone thinks of as unauthorized access.

    • Re:Probable Cause? (Score:5, Insightful)

      by SirGarlon (845873) on Tuesday April 14 2009, @03:06PM (#27575989)

      Really? Come on now, I own a rifle, does that mean I shoot people? I have strong encryption on my hard drive, does that make me a terrorist?

      No, but having those things mean you have the ability to do things the government doesn't want you to do. The easiest way to prevent crime is to take away everyone's freedom.

    • by Estanislao Martínez (203477) on Tuesday April 14 2009, @03:09PM (#27576065) Homepage

      This whole story is stupid. What's going on is that the search warrant request says that a witness has said the suspect uses two operating systems in his computer as a means of hiding his illegal activities. That's not a claim that having two operating systems is in itself suspicious. It's just a claim that this particular suspect, in this particular case is using a second operating system to conceal something.

      Context, folks, context.

      • by InsertWittyNameHere (1438813) on Tuesday April 14 2009, @03:10PM (#27576087)

        This is why I go to great lengths to prove I have nothing to hide...

        ...I always talk on my phone with speakerphone on. I have nothing to hide.

        ...If I have a dirty thought I yell it out. I have nothing to hide.

        ...When I use a public washroom I'm always sure to leave the stall door open. I explain what I'm doing as I'm doing it so that they know there isn't a weapon in my hand and my actions aren't a threat to them.

        ...I walk around wearing nothing but a trench coat and routinely open it in front of unsuspecting young woman. I want the world to know I have nothing to hide.

        Just doing my part to make the world a better place. Your welcome!