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Raisethefist.com Raided

mfb and others wrote in about a raid on the operator of raisethefist.com last week. It was first reported on Indymedia.org here and here, followed by an LA Weekly article. By far the best news piece so far is this one from Newsbytes.

303 of 785 comments (clear)

  1. Because of his *opinions*? by kingdon · · Score: 5, Insightful

    OK, this guy says that he was busted because the government didn't like his opinions, but in fact he had been cracking web sites and putting in that troop.cgi thing. Somehow that doesn't sound like an opinion to me. There's also the question of bomb-making information which is potentially thornier, but also isn't really opinion (at least, not opinion about globalization - opinion about bomb policy I suppose might be a bit more debateable).

    1. Re:Because of his *opinions*? by betis70 · · Score: 3, Insightful

      Yeah doesn't like an opinion to me either. Sounds like criminal activity, which appears to be dealt with properly.

      Dunno how this gets put on slashdot as "news for nerds, stuff that MATTERS".

      --
      I forget...are we at war with Eurasia or East Asia?
    2. Re:Because of his *opinions*? by Derkec · · Score: 5, Insightful

      I could see his arguement. He's going to jail because of his opinion that it was ok to crack into other people's pages, deface them and try to attack army computers. Since he acted on his opinion and violated various laws, he's pretty much screwed. The guy clearly is out of touch with reality if he expects the police to knock on the door of an anti-government type and nicely ask, "I'm sorry, but could we have your computer?"


      Regarding what I assume will be a 1st amendment type of defense. You can speak freely so long as you don't trample of the rights of others. When you facilitate and encourage the use of weapons to hurt people or property you are outside of 1st amend. protection. Likewise when you deface a website to get your message across, your efforts to communicate have come at the expense of someone else's right to do the same and so aren't protected.

    3. Re:Because of his *opinions*? by portnoy · · Score: 2, Insightful
      Clearly he has broken the law by defacing websites and what not, but does that warrant the treatment he's going through?
      What treatment? They confiscated some equipment (which was probably used during the commission of the crime), and talked to him for six hours.

      Come back when they actually do something to him.

    4. Re:Because of his *opinions*? by JThaddeus · · Score: 2, Insightful

      the treatment he's going through? Huh? Just what treatment are he and you whining about? The guy has admitted to cracking into sites, a felony, right? So his computer equipment has been seized and he is questioned. What is so out of line about that? It's called "gathering evidence". I hope the sonofabitch is packed off for a good long while and kept away from computers for even longer.

      --
      "Love is a familiar; Love is a devil: there is no evil angel but Love." --William Shakespeare ('Love's Labors Lost')
    5. Re:Because of his *opinions*? by JThaddeus · · Score: 2, Insightful

      The issue is not the bomb making instructions but the hacking charge. Seizing this punk's computer is a perfectly legit way of gathering evidence against him for hacking, something that he has admitted to already.

      As far as I'm concerned, this bozo's defence is specious. He hacks web sites because that is the only way to get his message out. So, I can hack Micro$oft because I think Windows is junk? I can spray paint lime-green PT Cruisers because I think the color sucks? This boy need some serious wall-to-wall counseling by my old First Sergeant!

      --
      "Love is a familiar; Love is a devil: there is no evil angel but Love." --William Shakespeare ('Love's Labors Lost')
    6. Re:Because of his *opinions*? by xonker · · Score: 3, Insightful

      They're blowing things way out of proportion.

      How, by going in with a lot of heavily armed agents? I grant you they probably didn't need all of the agents or half of the firepower they had -- but a show of force is almost guaranteed to prevent any resistance. From what we've been told via the news agencies and so forth, they didn't violate any of his rights or use excessive force -- they simply had a lot of heavily armed people there to arrest him or whatever.

      One, it's probably SOP in a city like L.A. to go in with way more force than you need.

      Two, they probably know that in the end that he'll probably end up with little more than a wrist-slap and they're trying to scare the crap out of him by peforming the raid.

      From the response he gave, I think that's just what he needs -- to have the crap scared out of him and make him think.

      I don't necessarily disagree with all of his opinions, but obviously he's overstepped his rights of free speech and so forth by committing criminal acts. And, if he wants to stand a chance of persuading anyone with an education beyond the third grade, he needs to learn to write and use a spell-checker. Jeez... He makes most of the Slashdot crowd look like literary giants...

    7. Re:Because of his *opinions*? by MrResistor · · Score: 5, Insightful
      Well put.

      Your right to swing your fist ends at my face.

      How can someone advocate violent overthrow of the government and expect the government to look the other way? There are better ways to affect change if you don't like the way things are going, and they're built into the Constitution! Being a punk myself, I used to hang out with a lot of anti-corporate anarchists and this has always been my main disagreement with them (second is the irony that the vast majority are smokers and thus enslaved to the tobacco industry, but that's a whole other issue).

      Reading the Newsbytes article, I can't help but come to the conclusion that this kid is just another one of those moronic LA "Bring It All Down"(TM) punks, totally oblivious to the fact that The Man is the only thing keeping the skinheads from beating the crap out of him and stealing the oxblood 20-eye Doc Martins his mom bought him for his birthday.

      Sorry, that turned into more of a rant than I thought it would.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    8. Re:Because of his *opinions*? by nomadic · · Score: 4, Interesting

      I consider myself very strong to the left, but I've been running into these types myself, and all they do is scare people into moving to the right. They're more interested in indulging their own satisfaction at being "rebels" than in actually effecting any social changes.

    9. Re:Because of his *opinions*? by Erasmus+Darwin · · Score: 2
      "The issue is not the bomb making instructions but the hacking charge."

      From the Newsbytes article:

      " Sherman Martin Austin, 18, is believed to have violated federal computer fraud and abuse laws, as well as statutes prohibiting the distribution of bomb-making information, according to an FBI affidavit."

      Seems to me like both are being made into issues. Just because he's clearly guilty in the hacking case doesn't negate his potential first amendment rights in the bomb making case.

    10. Re:Because of his *opinions*? by Erasmus+Darwin · · Score: 2
      "So his computer equipment has been seized and he is questioned. What is so out of line about that?"

      You forgot the part in the Newsbytes article where he claims that all his files were lost as a result of the raid. Destruction of data is pretty extreme (and even potentially unconstitutional if we consider data as a form of property), especially considering he hasn't been charged yet.

    11. Re:Because of his *opinions*? by alhaz · · Score: 3, Insightful

      The guy was begging for it, frankly.

      Personally, from what i read in google's cache right after it went down, I think the guy's crazy.

      On one page, he's got a headline that actually says the feds kill babies.

      On another, he's got a page full of bomb making instructions.

      Face it, you're either for killing people or against killing people. Throwing in political reasoning only makes you more similar to your adversary.

      Legally, that just makes him a whacko. It's when you combine "whacko" with "attacks government websites" that you get "terrorist".

      The guy's an idiot, frankly. He doesn't know what he's fighting for, and was stupid enough to get caught doing something illegal.

      --
      This is just like television, only you can see much further.
    12. Re:Because of his *opinions*? by MrResistor · · Score: 4, Insightful
      The goverment may want to watch over him to see if he actually attempts violence, which is not protected, but it dosen't give them the right to arrest him.

      That is exactly my point. The kid advocates violence against the government, spreads his message through vandalism, and then whines about federal agents busting into his house with guns and confiscating the tools he used to commit said acts of vandalism. The fact that those tools were also used to host protected speach is totally irrelevant, and this whole thing about being silenced for his opinions is a strawman. He hacked and he got caught. It's that simple. He admits that he did it and that he knew it was illegal when he did it.

      IMHO, his opinions only had 2 effects on the situation:

      1. His web site drew attention to him, and probably helped link him to hacks he is being arrested for.

      2. It raised the potential threat level in the eyes of those conducting the raid, thus the guns and armor. They had no way of knowing for certain that he wasn't better armed than they and ready to go out in a blaze of glory.

      He got arrested for breaking the law. The fact that he broke the law in a misguided attempt to disseminate otherwise protected speech does not make this a Free Speech issue.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    13. Re:Because of his *opinions*? by Wavicle · · Score: 2

      Well, let's look at some of the facts...

      Bill Gibson's site was DDoS'ed by over 100 computers. The defacements on the other hand came because one computer managed to break in.

      The computers that DDoSed grc.com were themselves hacked windows machines and the owners of those machines were not complicit in the attack.

      The computers that DDoSed grc.com were windows machines which have very poor logging of IP access and activity.

      The defacements came from one computer which likely passed through a router logging traffic through it.

      Finding out who DDoSed grc.com would require a huge expenditure of effort, and may well be impossible unless the culprit brags about it somewhere.

      Finding out who defaced the websites would be considerably easier.

      Maybe the FBI is selectively enforcing based on it's ability to assemble sufficient information to prosecute the person in question.

      Many people have managed to get their message out on the web while in prison through mediaries. If this guy has a following, the website isn't just going to go away because the government jailed the guy. The FBI is well aware of that.

      Maybe it just isn't a conspiracy afterall.

      --
      Education is a better safeguard of liberty than a standing army.
      Edward Everett (1794 - 1865)
    14. Re:Because of his *opinions*? by R2.0 · · Score: 2, Informative

      "The issue is selective enforcement."

      You are confusing "selective enforcement" with "discriminatory enforcement"

      "Why is it that African Americans get stopped for more traffic violations than White People? Why is it that poor people get busted and go down for years on drug charges when private school students do the same things (to greater excess, I've seen it) and face no law-enforcement threat?

      These are arguably cases of "discriminatory" enforcement, where one Group of people is chosen for law enforcement action, i.e. the Govt. discrimates between groups (hence the name). And you are right - it's illegal.

      "Why is it that this guy went down and not the guys who DOS'ed Bill Gibson's site [grc.com]? "

      This is "selective enforcement." Prosecutors can choose who to prosecute for a crime on an ad hoc basis. The guys who DOS'd grc.com are still anonymous, or close to it, making them hard to prosecute. This fellow stood up and said "I did it, I did it", thereby making him easy to prosecute. Given limited resources, who do you think is going to be arrested?

      Oh, and selective enforcement is perfectly legal, and has been upheld by the Supreme's many times.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    15. Re:Because of his *opinions*? by big+tex · · Score: 2, Offtopic

      There are better ways to affect change if you don't like the way things are going, and they're built into the Constitution!

      Like the second ammendment. The NRA has it all wrong; the second ammentment is meant to back up these ways. Remember; in the days of the Revolution, there were hand arms and cannons. That was it. The people were allowed to own guns, and the towns -in addition to the government- had cannons. The second ammendment, coupled with this equality in technology, made it possible for citizens to violently overthrow the government if necessary. Jefferson and Washington would have wanted you and me to have F18's and M-1A Abrams tanks, not just pistols and antique rifles.

      Now, I do not agree with this guy's opinons one bit, but that is what makes the system great, and a shame that he got shut down.

      --
      I think I need a new sig here.
    16. Re:Because of his *opinions*? by ktakki · · Score: 2
      Like the second ammendment. The NRA has it all wrong; the second ammentment is meant to back up these ways. Remember; in the days of the Revolution, there were hand arms and cannons. That was it.


      Actually, the government had two huge advantages:
      • The means with which to raise a standing army and keep them paid, fed, and supplied in the field. A citizens' militia lacked these logistics and would have dispersed as soon as it was time to harvest their crops.
      • A navy. Blockades, bombardments, secure logistic trains, etc: this is a qualitative difference. Until the invention of the atomic bomb, naval assets were "ultimate weapons", regulated by various treaties as late as 1936.


      Not much a "well-regulated militia" could do about that. I'm not a constitutional lawyer, but I believe the 2nd Amendment was driven by the authors' aversion to having a permanent standing army, then regarded as a tool of tyranny.

      k.
      --
      "In spite of everything, I still believe that people are really good at heart." - Anne Frank
    17. Re:Because of his *opinions*? by MrResistor · · Score: 2
      That's what "aversion" means.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    18. Re:Because of his *opinions*? by mr.+roboto · · Score: 3, Funny

      ktakki said:
      I'm not a constitutional lawyer, but I believe the 2nd Amendment was driven by the authors' aversion to having a permanent standing army, then regarded as a tool of tyranny.

      Jelque responded with:
      Thank god your not a Constitutional lawyer. Maybe you should read it sometime. Having a standing army was the last thing The Framers of the Constitution wanted.

      Which made me think, at first, that Jelque must not be a native English speaker. After all, the phrase "[the framers'] aversion to having a permenent standing army" means the same thing as "Having a standing army was the last thing The Framers of the Constitution wanted. Only in times of war, are there supposed to be a standing army." Jelque, however, seems to think that he (she?) has some disagreement with ktakki on this point, indicating a lack of familiarity with the English language. Also, there's Jelque's piss-poor use of English (your vs. you're, "are there supposed to be", etc.)

      However, I then noticed Jelque's reference to Americans as "we" (I know not all Americans are native English speakers, but there's a pretty strong correlation). In addition, I know few non-native speakers to be as careless with their reading and writing as Jelque clearly is. I have concluded therefore, the Jelque is a poorly educated native English speaker.

      Sorry for the snarkiness. I actually have moderator access right now, so I could have just moderated Jelque down. This was more fun, though.

    19. Re:Because of his *opinions*? by MrResistor · · Score: 2
      Totalitarian regimes like every single example you give don't have a built in mechanism for affecting change, and so in those cases violent action may be necessary. However, the US is not a totalitarian regime. It is a republic, and has the mechanisms for affecting change peacably built into the core of it's political structure.

      As for peaceful revolutions, the only ones I can think of off the top of my head are India (Ghandi) and the Zapatistas (which is still in progress).

      And yes, you have the freedom to advocate change AND the freedom to have change IF you can convice enough people that they want your change also. You DO NOT have the right to break other laws and vandalize other peoples property in the name of your protected speech.

      This is about a hacker that got caught and is trying to drum up sympathy because he's a "revolutionary". This is not about free speech, this is about vandalism.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    20. Re:Because of his *opinions*? by MrResistor · · Score: 2
      Yes, calling for the overthrow of the government is a right under the Constitution. That might even be a relevant fact if he were actually arrested for his beliefs. He wasn't, though. He was arrested for defacing websites and trying to hack into some DoD computers, neither of which are rights granted by the Constitution.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    21. Re:Because of his *opinions*? by GSloop · · Score: 2, Insightful

      You're a bit niave...

      Change is VERY difficult for the common man...Why? Money! That's why.

      The political system only responds to those who have money. Think of it this way. You're a senator or congressman or pres/vp or state elected official. You need money to stay in your job - a job you really wanted, else you wouldn't have gone through the hassle to get in the first place. Now, to get money, you have to be a "good" investment. (An aside - these rules are more true for higher $ political races, and apply less and less as the job gets "smaller")

      Now, Corp A or Very Rich Man B want to give you money - why? - because they want an investment vehicle. These "investors" will continue to invest only as long as you make a return for them. If they find someone who offers better returns, they'll invest elsewhere.

      So, you only have so much time or influence. If you value your job, you'll maximize your return (campaign contributions) by maximizing the return on your biggest job security people (the people who donate the most money).

      So in base, if you're not able to play with the big boys (big contributors) your chance of making a difference is very small. I would suggest that that only way you will, is if you are unopposed by a moneyied (sp) interest. If you are on the opposing side of an issue against a interest with money, and you don't have money, or nearly as much, just kiss it goodbye.

      That's why this stance makes no sense. (I would also agree that the style of rebellion shown by the subject of the story is foolhardy too.) But I can sense the frustration both of myself and others who find that the premise that "you can change the system" is really a bunch of bunk. Monied interests can change the system. If millions of people are ready to stone their congressman, then they can change the system. Anything else from the public side short of that outrage will not!

      Lastly,
      You DO NOT have the right to break other laws and vandalize other peoples property in the name of your protected speech.


      And what do you call the Boston Tea Party? These were the people who became the founding fathers of our nation (provided we're both US citizens) and they found vandalism an acceptable response. (It's interesting how we portray our fight against the Brits in such a noble light - we were a bunch of whiners who didn't want to pay, and rebelled against the Brit gvmt. Sure they were heavy handed and brutal, but can't you see that our government is the same to both it's citizens and those of other countries. It's also ironic how when we do it, it's protecting our interests, but when others do it, it's terrorism. Think the Shaw of Iran, Guatemela, School of the Americas etc.)

      Just some food for thought - obviously I won't get mod points for it!

      Cheers!

    22. Re:Because of his *opinions*? by Liberal+Mafia · · Score: 5, Insightful

      >>How can someone advocate violent overthrow of the government and expect the government to look the other way?

      Well, regardless of what Sherman expects, for the past half century the Supreme Court has routinely expected the government to do just that. The phrase that applies here is "clear and present danger".

      The phrase first came about in 1919 from the Schenck v. United States case. But it didn't really have any teeth until 1957 and Yates v. United States, when the Court ruled that, to quote my old book on the law of public communications, "a conspiracy to advocate the overthrow of the government was too far removed from immediate danger to be punished."

      The real precedent used nowadays is Brandenburg v. Ohio, (1969) in which the Court overturned the conviction of some KKK members for advocating "unlawful methods of industrial or political reform", then a crime under Ohio state law. To be constitutional, the Court said, a statute can only ban speech that "is directed to inciting or producing imminent lawless action and is likely to produce such actions."

      The Court backed this precedent up in 1973 with Hess v. Indiana, in which an antiwar demonstrator had been convicted for shouting "We'll take the fucking street later." The Court ruled that this "amounted to nothing more than advocacy of illegal action at some indefinite future time".

      So, unless what Sherman put up on the Web was really both meant and likely to produce immediate illegal action, or the current Supreme Court is ready to overturn this precedent (very possible, given its obvious partisanship and corruption), he hasn't broken the law by advocating overthrowing the federal government.

      I'm sure these rulings are on the Web somewhere but I'm too tired to karma whore any further just now.

    23. Re:Because of his *opinions*? by kubrick · · Score: 2

      There are better ways to affect change if you don't like the way things are going, and they're built into the Constitution!

      If you're going to attempt to overthrow some organization you think is oppressing you, you're not going to let them set the rules. To do so would be admitting defeat before you had even started.

      (At least, so the activist anarchist would generally claim.)

      --
      deus does not exist but if he does
    24. Re:Because of his *opinions*? by HiThere · · Score: 2

      I haven't read his web page, but have you heard of Afganistan? The Feds do kill babies (as well as lots of other people). For awhile they even used air scattered mines that looked just like the food packets that they were also distributing. (OK, not *just* like them. But if you are a hungry kid, then they looked just like them. Lots of kids ended up dead, or without arms or legs, because of that piece of cleverness.)

      Now he may have been talking about somebody besides the military. I don't know. As I said, I didn't read his page, so I'm going on your reports. But there are an awful lot of dead kids in Afganistan. And the fact that somebody else blew up a building doesn't have much to do with them. The actions of the US govt are rather indefensible. The guy that they're after might not even be in the country (though how one would prove that ???).
      .

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    25. Re:Because of his *opinions*? by goldmeer · · Score: 2
      Your right to swing your fist ends at my face
      Actually, depending on local laws, your right to swing your fist may end when I feel threatened by it, regardless of how close to my face you swing.

      Heck, you freely excercising your "right to swing your fist" might allow me to excercise my right to use deadly force against you.

      -Joe

    26. Re:Because of his *opinions*? by ktakki · · Score: 2

      Domo arigato, mr. roboto.

      I've always wanted to say this. How sad is that?

      k.

      --
      "In spite of everything, I still believe that people are really good at heart." - Anne Frank
    27. Re:Because of his *opinions*? by MrResistor · · Score: 2
      Once again, he wasn't arrested for anti-government speech. He was arrested for defacing web sites and trying to break into DoD computers, both of which are most definately crimes. This really has nothing to do with Free Speech. It's a script kiddie who's tryig to make himself seem like something more by crying "Help, help, I'm being repressed! Come see the violence inherent in the system!"

      I do appreciate an informative post though. Thanks.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    28. Re:Because of his *opinions*? by Sabriel · · Score: 2
      One, it's probably SOP in a city like L.A. to go in with way more force than you need.
      Apparently so: '"This is Los Angeles after all. We always go in to protect ourselves. We don't go in with slingshots," said McLaughlin.' And fair enough, says I. However:
      From the response he gave, I think that's just what he needs -- to have the crap scared out of him and make him think.
      I just wonder whether he'll be thinking "I was an idiot, the Government isn't so bad" OR "I was an idiot, they showed up armed to the teeth and ready to shoot me if I didn't surrender - they're worse than I thought!"

      Hopefully the former, but I worry about the latter. Did the FBI ever consider inviting the kid to see firsthand all the good work they do and the truly sickening stuff they have to deal with as part of the job? To see that the government isn't just a bunch of talking heads on TV?

      And if not, why not? If all you ever show someone is the muzzle of a gun, that's the only choice they're going to know.

    29. Re:Because of his *opinions*? by Sycraft-fu · · Score: 3, Insightful

      "but a show of force is almost guaranteed to prevent any resistance"

      Precisely correct. Groups like SWAT teams don't want anyone, themselves or the suspects, to get shot. Now suppose they said "hmmm, there's just one guy, and he probably has a pistol, so we'll just send in one guy with a pistol". Ok, now perhaps the guy decides to surrender, but perhaps not. I mean it's just him against one cop. However when 20 guys in body armour with assult weapons come charging in any thoughts of being a hero tend to evaporate. In the end, noone gets hurt.

    30. Re:Because of his *opinions*? by MrResistor · · Score: 2
      I agree that everyone should already know this, but apparently they don't. If they did I wouldn't have had to make so many posts pointing it out. There are a lot of people around here that don't seem to hear anything else after someone cries "Free Speech".

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    31. Re:Because of his *opinions*? by Derkec · · Score: 2

      My understanding is that civil disobedience is usually a non-violent breaking of the law to attract attention to your cause / protest. You still break the law and go to jail / get probation, you just do it in the kind of way that people don't get hurt.

    32. Re:Because of his *opinions*? by MrResistor · · Score: 2
      And what do you call the Boston Tea Party? These were the people who became the founding fathers of our nation (provided we're both US citizens) and they found vandalism an acceptable response.

      Once again, an example of a situation where the people prevented from participating in their government. If you study your history again you'll find that the rallying cry was not "No Taxation", but rather "No Taxation Without Representation". If you want to prove me wrong, show me a situation where the people were allowed to participate in their government and violent revolution produced an improvement.

      I agree that our current situation is fscked up, and that our government does some really bad things, but anyone who believes that violent revolution will improve the situation is far more naive than I, and anyone who doesn't believe that they can peacably influence the system simply lacks the patience and dedication to do it. If it really wasn't possible, we would have had a revolution by now.

      Dr. Martin Luther King was certainly not a rich man, and yet I don't think anyone can deny that he was able to affect broad and sweeping change in the system. And how about that migrant farm worker guy whos name I can never quite remember? (Che Guaverra? That's what's stuck in my head anyway) For some historical and international examples, how about the Zapatistas? Ghandi? Moses?

      It takes Influence to affect change, and money is just the easiest way to get it.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    33. Re:Because of his *opinions*? by MrResistor · · Score: 2
      Show me this majority that thinks the Bush administration is hiding things on Enron. I haven't heard anything from them.

      The millions of people who want campaign finance reform obviously don't want it enough, or politicians would be voted out for opposing it. Money may grease the wheels, but it's still the vote of the common man that puts them in office.

      Gordon Smith? His staff sucks and he doesn't care about his constituency. You should vote against him in the next ellection. Tell everyone you know about your experience and try to get them to vote against him, too. Find out what parades and such he's going to be in and go to them so you can heckle him. (That's my Dad's favorite hobby. His target of choice is Wally Herger.) I make it a point to vote against incumbents unless I can think of something specific that they've done that really impressed me. Change is good, and should always be pursued unless there is a good reason not to. It's the good reason that will bite you in the ass, though, especially if you haven't properly weighed the pros and cons. That's why a Democracy without a well educated populace is dangerous and inflamatory.

      Sure those with money often have more influence, but so do people who belong to Labor Unions and other organizations like the ACLU, EPIC, and other PACs (not all of them are corporate-owned, you know).

      How about the one our founders thought should apply. One vote, one person.

      This is a commonly held perception, but it is obviously false. If the Founding Fathers truely felt that way there wouldn't be an Electoral College. I used to think the EC was BS and should be done away with, but I read a mathematical analysis of it a year or 2 ago that changed my mind. Non- and Semi-proportional representation is actually a very important and necessary part of our political system. It's one of the main things that keeps the majority from trampling all over the minority.

      You do acknowledge the real problem, but it isn't money. Nor is it our political system. The problem is apathy, and it runs deep. Not just the apathy that keeps people from getting off their butts every other year to spend 10 minutes at the poles, but apathy towards educating ourselves to the things that are happening in the world. It's true that some Americans wouldn't care what Union Carbide is doing in Bhopal, but I bet the vast majority would care if they had ever heard about it, even though most of them wouldn't have the first clue about what they could do to rectify the situation.

      Apathy is also what keeps you buying Levi and Nike products. If you really cared that your Nikes are made by physically, mentally, and sexually abused Vietnamese women make $0.20/hour, you would seek out the various catalogs offering guilt-free clothing made from humanely harvested wool from free-range sheep, organically grown cotton and hemp, and recycled rubber by adequately-compensated craftsmen. But it's easier to just go to Footlocker and then point your finger hoping nobody notices what you're wearing on your feet, so that's what you do.

      Which brings me to another common problem in America; lack of personal responsibility. As long as you keep buying Nike shoes, all your anti-corporate rhetoric is just that; hollow words from a whiner trying to blame everyone else for a problem he created and continues to perpetuate. As long as you keep buying Nike shoes, those Vietnamese women will continue to be exploited.

      This reminds me of a story about Ghandi:

      A woman came to see him, child in tow.
      "Please tell my child not to eat sugar" the woman said.
      Ghandi told the woman to come back in two weeks. Two weeks later, the woman brought her child again. Ghandi looks at the kid and says: "Don't eat sugar."
      The woman is stunned. "That's it? I had to go for two weeks just for that?"
      "You see," says Ghandi, "Two weeks ago, *I* ate sugar."

      If you're going to climb up on a soapbox, you should first make sure you have a leg to stand on.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    34. Re:Because of his *opinions*? by MrResistor · · Score: 2
      [Then]
      You're allowed to participate in the Gvmt if you're a friend of the King.

      The King had very little to do with it, given that Parliament was well established by that time. Colonists had no representation in Parliament, and thus no say in how or why they were taxed. Please, study your history.

      Zapatistas? Oh, the ones who are being supressed with the US "drug interdiction" aid we're giving Mexico? The ones who haven't seen much improvement in their lifestyle?

      Funny, none of the Zapatista Generals or former Zapatista "Hostages" I spoke to when I was playing benefit shows for them seemed to feel that way. They all felt things were going pretty well, and expressed amusement at the Mexican governments stillborn attempts to intimidate them and turn the whole thing into a violent conflict.

      FYI, any member of the Zapatista movement can claim the title of General (it's sort of an inside joke) and the "hostages" are usually asked (not forced) to help with the chores (such as grinding cornmeal) and then invited to diner. They are, above all, a cultural revival movement, and they raise awareness by asking wealthy tourists to join them in their everyday tasks.

      However, the Zapatista movement is very much a work in progress, and whether their tactics will be successful remains to be seen. President Fox does seem to be implementing some of the societal changes the Zapatistas have been pushing for, though, so I think it's a bit soon to write them off.

      There are some examples of non-revolution style reforms, but they're by far the minority, and the actual change is usually not that great. Blacks will say that MLK changed the system, but that it still has vast problems for blacks in general. There were many who thought that revolution would have been better.

      The thing about non-violent reform, and the main reason it's so rarely used, is that it's slow; and a side effect of that is that many of the changes that happen aren't readily apparent, indeed some are so gradual that they aren't really noticed at all. Certainly we have a ways to go, but I'd be interested in hearing the complaints of anyone who thinks we aren't headed in the right direction.

      I'd also be interested in hearing how, exactly, a revolution would have made things better. I've known plenty of people who've believed that, but when pressed all they were able to produce were Marxist utopian pipedreams of socialist anarchy. While I admit the ideas put forth in the Communist Manifesto are very enticing, you have to be in serious denial to ignore the fact that every Communist Revolution has resulted in a Totalitarian regime based on systematic abuse of the populus. The basic problem is that there will always be some asshole who thinks he should be in charge, and he will always be able to find some idiots to back him up.

      Basically, I think our country is screwed. It may be the best around, but still, it's a 6/10. I would like to see a more honest and responsive system.

      I agree. As Mark Twain once said, "Democracy is the worst form of government, except for all the others".

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    35. Re:Because of his *opinions*? by MrResistor · · Score: 2
      The difference is, modern Americans have the right to participate in government. The Colonists did not. I'm not saying he should have kept his mouth shut, but the fact is that he wasn't arrested for opening it! He was arrested for defacing websites and trying to hack into DOD computers.

      This is not a Free Speech issue.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    36. Re:Because of his *opinions*? by MrResistor · · Score: 2
      Read the article. He wasn't arrested for speaking his mind. He was arrested for defacing websites and trying to hack into DOD computers. This whole thing has absolutely nothing to do with Free Speech.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    37. Re:Because of his *opinions*? by MrResistor · · Score: 2
      Prove it.

      I used to believe all of that, but the more I studied politics and political science, the more i realized that our political system has not, in fact, failed. The true genius of the Founding Fathers makes itself evident again and again. Sure, there are temporary setbacks such as the DMCA/SSSCA and USA/PATRIOT, but things always seem to get worked out in the end, usually without any bloodshed.

      The fact is, we've been in a constant state of mostly non-violent revolution since the Civil War, and by-and-large they have been successful. Emancipation, Equal Rights, Labor Reform, and Sufferage have probably been the most obviously successful, but there are plenty more where they came from.

      Oh, and I believe the quote you're looking for is "Violence is the last refuge of the incompetent" (Asimov). Think about that.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    38. Re:Because of his *opinions*? by MrResistor · · Score: 2
      I'm writing this while listening to Rancid, of which all the anarchists listen too

      LOL! I'm still clinging to my Op. Ivy, but I have to respect Rancid for carrying the torch.

      My own introduction to Anarchy started with a friend forcing me to listen to his older brothers' Dead Kennedy's and Clash tapes (somewhat against my will. I was firmly entrenched in my Metallica/Iron Maiden ways, and while DK appealed to me, the Clash took somewhat longer to accept), and solidified when I found a copy of the Communist Manifesto in the very small "Social Science Library" at my high school (two chest high bookshelves in a little used hallway). I read it and thought "Wow! That's so Cool!". I then proceded to study history (particularly of Communist revolutions), politics, and political science and thought "Wow, that would be pretty cool if it were actually possible." Now, I just shake my head whenever I hear someone espousing anarchy, and hope they'll follow the same path I did and discover better ways to get what they want.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
  2. This guy's a bit of a hypocrite by parliboy · · Score: 4, Insightful
    From the newsbytes article: 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. But he defended the act by saying it was necessary to get his message out.

    ...

    "If I go to jail, then I will go to jail not based on my actions, but based on what I think," he said.

    No, you incredibly idiotic dipshit. You are going to be Bubba's bitch because you hacked government websites, and in fact admitted it. Please, don't try to defend him -- it's guys like this that give us a bad name and deserved to be ostracized from the community at large.

    --
    "You're never ready, just less unprepared."
    1. Re:This guy's a bit of a hypocrite by netik · · Score: 2, Insightful
      A bit? He is.

      It is at this point that the article should be removed from slashdot, and newsbytes, and the child in question should just go to jail.

      I can see the free-speech angle that slashdot and newsbytes is trying to push here, but it just doesn't work for me.


      Knowing how to make bombs: free speech

      Telling other people: free speech

      Breaking into and defacing websites: crime

      Slashdot picking up and running with another dumb article that will create panic, flamebait, and lots of hits: priceless

    2. Re:This guy's a bit of a hypocrite by Mike+Schiraldi · · Score: 2

      Yeah, but if he had vandalized, say, stores, do you really think dozens of men armed with machine guns would have raided his house? No, the local police would have arrested him the usual way, he'd serve a few months, then get out on probation with a few hours of community service. But because this involved computers, he's treated like a terrorist.

    3. Re:This guy's a bit of a hypocrite by abe+ferlman · · Score: 2, Redundant

      No, you incredibly idiotic dipshit. You are going to be Bubba's bitch because you hacked government websites, and in fact admitted it.

      Way to celebrate anal rape in for-profit prisons, you "idiotic dipshit". Get a soul.

      policyboy

      --
      microsoftword.mp3 - it doesn't care that they're not words...
    4. Re:This guy's a bit of a hypocrite by parliboy · · Score: 2

      Ummm... no. He didn't raid the Mom&Pop's rinky-dink website. He latched onto government property, which is inherently a federal offense. A better anaolgy: what would have happened if he had vandalized the Post Office?

      --
      "You're never ready, just less unprepared."
  3. Overkill? by The+Gardener · · Score: 3, Insightful

    "People can rant and rave on the Internet all they want, but when they cross the line of calling people to action to violently overthrow the Constitution of the United States, they have a problem," said McLaughlin.

    So when just another lone hacker kid defaces five Web sites, it justifies "surrounding and raiding [the] house with machine guns, shotguns, bullet-proof vests." Being labeled a hacker (correctly, this time) is really getting to be as dangerous as being called a child molester.

    The Gardener

    --
    --
    1. Re:Overkill? by berzerke · · Score: 2

      Actually, I don't think the would have come in so heavily armed if it was just a child molester. :^)

    2. Re:Overkill? by Stonehand · · Score: 3, Insightful

      Given that he also disseminated information about the design of explosives and advocated the violent overthrow of the government, it makes one heck of a lot of sense. He might have been a nutcase who actually was ready to practice what he preached, rather than the digital equivalent of a delusional graffiti artist.

      --
      Only the dead have seen the end of war.
    3. Re:Overkill? by clarkgoble · · Score: 3, Insightful

      He was a hacker who promoted explosives and violence. Further he was a hacker who was promoting the violent overthrow of the government. No offense, but the police would have been idiots to go in unarmed. It's not like they used the weapons. The arrest went well. But they didn't know that.

      What if it turned out the kind had schitzophrenic and was armed with those bombs that he was publishing? Yeah he probably wasn't, but how did the police know that? Its not like they violated any rights. They served a warrant and tried to do so in as safe a manner as possible.

      Geeze.

    4. Re:Overkill? by Quikah · · Score: 2

      Well the prog he left behind on the systems was attacking a US Army computer. So yeah, you poke at the US government they poke back.

      --
      Q.
    5. Re:Overkill? by theCoder · · Score: 2

      You're kidding, right? They didn't think to figure this out before they ran in guns blazing? Seems to me like the smart thing to do is to investigate him for a couple months to see if he really is dangerous, and if so, then act appropriately. If they honestly didn't know, and he had lots of explosives somewhere, how do they know he wouldn't have blown them all up?

      Now, this guy was out cracking sites, and he should face punishment for that (something reasonable, not decades in prison), but was all the show of force really necessary? Is this something a couple of squad cars and dectives can't do? The police arrest actual dangerous criminals all the time without huge guns -- just because this particular criminal had a website doesn't make him a trained killer.

      --
      "Save the whales, feed the hungry, free the mallocs" -- author unknown
    6. Re:Overkill? by MrResistor · · Score: 2
      Nice inflamatory quote taken out of context, there. How about this one:

      "This is Los Angeles after all. We always go in to protect ourselves. We don't go in with slingshots," said McLaughlin.

      The guy was advocating violent overthrow of the government. How did they know he wasn't armed to the teeth and ready to go out in a blaze of glory?

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    7. Re:Overkill? by hawk · · Score: 2
      >They didn't think to figure this out before they
      >ran in guns blazing?


      really? I got a pretty clear impression they went in without firing a shot--which is one of the reasons to use overwhelming force . . .


      hawk

    8. Re:Overkill? by markmoss · · Score: 2

      Seems to me like the smart thing to do is to investigate him for a couple months to see if he really is dangerous, and if so, then act appropriately. If they honestly didn't know, and he had lots of explosives somewhere, how do they know he wouldn't have blown them all up?

      Actually, it appears that they did investigate him for several months before moving in. Which means (a) they're incredibly dumb not to notice this guy's all talk and no action, (b) they're afraid the neighbors are going to shoot at them, (c) they just got to show off all their fancy gear, or (d) they are over-using their SWAT teams as a form of extra-judicial punishment. While I am not personally familiar with LA, I doubt it's (b). You are permitted to pick 3 out of 4...

    9. Re:Overkill? by Lumpy · · Score: 2

      No you're wrong, It's more dangerous. They dont go arresting child molesters with the entire swat team. Hell they dont arrest murderers or mass killers that way. The ONLY crime that gives the local authorities to use excessive force or to display it is the white collar crime called computer fraud.

      Nice to see that they treat serial killers and other violent criminals with dignity and care whil they hope that the kid they arrest may resist so they can fill him with as much lead as they can.... at least that is exactly the image they put foreward. I dont care what the moron that is in charge of the force said, he knew that this was a more-or-less harmless idiot punk, but how else do you get media coverage and free advertising in an election year.

      The moron 18 year old deserved to be arrested, and he needs to be shunned by everyone as the example of who and what not to be... a stupid ankle-biter wannabe. But being that does not warrent the excessive force used to arrest him.

      --
      Do not look at laser with remaining good eye.
    10. Re:Overkill? by MrResistor · · Score: 2
      He WAS investigated and then arrested for hacking. There is no way to know if he has guns other than to search his house. Without a physical search you can only tell if he owns REGISTERED guns. Dumbass.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    11. Re:Overkill? by st.+augustine · · Score: 2
      Y'know, statistically, entering somebody's home is one of the most dangerous things a law enforcement officer can do. (I forget which is first and which is second, but the other is stopping a car.) And when you figure that a lot of hackers -- crackers, even more so -- are also gun enthusiasts, you're damn right I'd want a bullet proof vest and something heavier than a Glock.

      Would you want to bust, say, Eric Raymond without some serious firepower?

      (P.S.: Eric, that's meant to be a compliment. :) )

      --

      -- Some things are to be believed, though not susceptible to rational proof.
    12. Re:Overkill? by ymgve · · Score: 2

      Of course they had to use all that firepower. After the incident with that Trinity chick, the minimum requirements for a hacker arrest are at least 12 troopers.

    13. Re:Overkill? by mpe · · Score: 2

      and if you havn't already noticed, that sort of info is available from thousands of websites and before that bbs.

      You can probably find the information, about explosives if not bombs, in most public libraries too. Under either "chemistry" or "history".

    14. Re:Overkill? by markmoss · · Score: 2

      So if they thought he really was making bombs in his house, don't you think they would arrest him when he was away from home and not carrying any large packages, rather than going in when he was at home and possibly holding onto the detonator, after crowding all the agents they possibly could into range of the explosion?

  4. Dumbass. by sulli · · Score: 5, Insightful
    According to Newsbytes:

    According to the FBI, 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. But he defended the act by saying it was necessary to get his message out.

    Okay, so this guy was an admitted website defacer who posted denial of service tools on victim websites and knew it was illegal but did it anyway.. That he was doing it for some "anticorporate revolution" doesn't matter one iota.

    But what I really loved was his comment, later in the article:

    "But how many of us are really willing to engage in such an intense form of warfare through bauds and wires? Who's got the balls? Who's willing to sacrifice everything?" said the page.

    Who indeed? Let's start with this numbskull. I say throw the book at him.

    --

    sulli
    RTFJ.
    1. Re:Dumbass. by haizi_23 · · Score: 5, Insightful

      agreed. i am very much concerned with the impact of increasing corporate control over our public life, but this idiot is not my spokesperson.

      when you want to mount successful political opposition, you start by keeping your nose squeaky clean so that no one can defame your character when the real work of change begins. this kid obviously didn't get that.

      -w

    2. Re:Dumbass. by gorgon · · Score: 2

      I agree. Austin is a dumbass, but so is this FBI agent McLaughlin. There is nothing illegal about calling for people to violently overthrow the Constitution. That's obviously protected speech. Now actually doing something violent (or cracking and defacing web sites) is obviously illegal, but that's a far cry from writing about it..

      --

      And I'd be a Libertarian, if they weren't all a bunch of tax-dodging professional whiners.
      Berke Breathed
    3. Re:Dumbass. by Squirrel+Killer · · Score: 2
      [T]his idiot is not my spokesperson.
      That's too bad, because it sure looks like he's doing whatever he can to make it look like he is your spokesperson. Look at his quotes,
      1. "[A]nyone actively disagreeing with policies of the U.S is now automatically rendered a 'terrorist' in the eyes of national security."
      2. "They had more artillery than they use with wanted gang felons or raids on drug operations."
      3. "If I go to jail, then I will go to jail not based on my actions, but based on what I think."
      He's positioning himself to be the poster child of federal government victims. He demostrated knowledge of homebrewed explosives and a willingness to use them ("Homemade explosives work very well in riots.") Yet, to his independent media friends, he's trying to pass himself off as just exercising his 1st Amendment rights. (BTW - Anyone else think the indy media is being as biased as they claim the regular media is?) It's doubly bad because the guy can't even spell: "continuesly", "successfull", "vioces", "litature", "monitering", "automaticly", "with they're eyes", "baracade", etc...)

      But the biggest problem I have with this punk is this quote:

      "People can rant and rave on the Internet all they want, but when they cross the line of calling people to action to violently overthrow the Constitution of the United States, they have a problem," said McLaughlin.
      You know what Sherm? Yes, when you plot "to violently overthrow the Constitution of the United States they have a problem." In fact, I have a problem with that, and I'm pretty sure that most (well over 90%) US citizens have a problem with a little punk like you trying to stage a violent coup. There are enough ways to change the government through the democratic process that if you can't effect your changes, you either aren't trying hard enough, or most people don't agree with you. Don't want to live in a democracy? Fine, most of us do, get the fsck out.

      BTW - Anyone with an address of food_should_be_free@yahoo.com ain't no anarchist. He's a little hacker punk, not Ghandi.

      -sk

    4. Re:Dumbass. by Detritus · · Score: 3, Informative

      Speech calling for the violent overthrow of the government of the United States is in a gray area. The current Supreme Court doctrine (Brandenburg v. Ohio) appears to be that it is protected speech as long as it not "directed to inciting or producing imminent lawless action and is likely to incite or produce such action." So you can speak in an abstract way about "the revolution", just avoid saying that it is scheduled for Monday at City Hall.

      --
      Mea navis aericumbens anguillis abundat
    5. Re:Dumbass. by mpe · · Score: 2

      when you want to mount successful political opposition, you start by keeping your nose squeaky clean so that no one can defame your character when the real work of change begins. this kid obviously didn't get that.

      What makes you think that governments are incapable of creating some "dirt" if they need to? Or even dropping hints that someone being "squeaky clean" implies that they might be hiding something...

    6. Re:Dumbass. by invenustus · · Score: 2
      you start by keeping your nose squeaky clean
      Hell, if this guy had mastered English at a 6th-grade level before starting his crusade, he'd have doubled his credibility. I'd say you start by sounding remotely intelligent.
      --
      grep -ri 'should work' /usr/src/linux | wc -l
  5. Hey! Don't slashdot this site! by jaxdahl · · Score: 5, Funny
    From the site:

    NEWSFLASH raisethefist.com is running out of current allocated bandwidth. In just two days we have used over 130MB of data transfer. The limit is 512MB per month. That means we will run out of bandwidth in less than a week. If we do, the site will be shut down indefinitely. We need to move to another web host in order to keep the site up and updated with official information for its visitors. If you would like to donate space, the e-mail contact information is on the bottom of this page.

    I think it's a bad idea to link directly to his site.. We could end up costing him a lot of money in bandwidth terms.

    1. Re:Hey! Don't slashdot this site! by pyite · · Score: 2, Funny

      Darn. He wanted to be heard. He got it.

      --

      "Nature doesn't care how smart you are. You can still be wrong." - Richard Feynman

    2. Re:Hey! Don't slashdot this site! by Tackhead · · Score: 5, Funny
      > > raisethefist.com is running out of current allocated bandwidth. In just two days we have used over 130MB of data transfer. The limit is 512MB per month. [ ... ]
      > I think it's a bad idea to link directly to his site.. We could end up costing him a lot of money in bandwidth terms.

      1) L33t d00d defaces websites and acknowledges that he knew doing so was illegal.

      2) L33t d00d posts denial-of-service tools on the defaced websites.

      3) L33t d00d then whines about his bandwidth bills arising from the Slashdot effect.

      Payback's a bitch, ain't it, skr1pt k1ddi3?

      There's only one fist that needs to be raised here, and the FBI knows exactly where to raise it. And after the FBI's finished reaming out his bank account, I hope his bandwidth provider takes whatever's left.

    3. Re:Hey! Don't slashdot this site! by jeffy124 · · Score: 2, Funny

      tomorrow starts yet another month......

      --
      The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
  6. Internet Wayback Machine by Zach+Garner · · Score: 5, Informative

    Thanks to Archive.org, we can use the Internet Wayback Machine to view the site: Jan 23 or other days

  7. They're kidding, right? by BadDoggie · · Score: 5, Funny
    Who needs the FBI and a warrant to shut down a site? Post the URL here and the effect will toast the place. We kill sites for an entire month when they have transfer limits, even when we like them.

    woof.

    Move along now, nothing to moderate here.

  8. Re:Seems ok by Kaa · · Score: 4, Insightful

    The site seemed to be advocating the use of violence to solve means. Information on how to cause havok and insitute anarchy doesnt sit well with me and I dont seem why this is an issue.

    Well, it so happens that the founders of the US forgot to include "but not if it talks about violence" part when they were writing the First Amendment -- you know, the "free speech" one. Actually, it seems to me the were pretty violent guys themselves -- starting a war and all that.

    And if that guy's site was the first one where the feds found the bomb-making informations on the 'net... [rolls his eyes]

    --

    Kaa
    Kaa's Law: In any sufficiently large group of people most are idiots.
  9. Jesus Christ by elefantstn · · Score: 5, Interesting

    So this guy is actively cracking and defacing websites, including attempting to break into Army systems, and he's whining about being arrested?

    Next person who whines that he's the victim of the fascist Ashcroftian regime gets beat over the head with a clue-by-four. I'd be pretty pissed if he was hacking my site "so he could get his message out." What a loser.

    --
    If it ain't broke, you need more software.
    1. Re:Jesus Christ by geekoid · · Score: 4, Insightful

      Yes he should have been arrested. I agree with the way it was handle(based on the story I read).
      The real question is Will he be treated different then any other web site vandle because of his views?
      if not, then fine. but if he gets a stricter sentance because of his anti-government views, then we have a problem.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Jesus Christ by evilviper · · Score: 2

      And the next person who whines about a clue-by-four, gets beat over the head with a... Computer!

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    3. Re:Jesus Christ by Cato+the+Elder · · Score: 2

      "but if he gets a stricter sentance because of his anti-government views, then we have a problem."

      He very well might get a harsher sentance because of his views, and because he sounds like an obnoxious, abrasive idiot. Is this a problem? Yeah, kinda, but there isn't much that can be done about it. Trials are conducted by a public jury, and judges have some leeway in sentencing. Sometimes this means they make bad descisions, but the alternative is a mechanical system that's going to make errors anyway.

      It has always been important not to mix gratiutous criminal activity with social protest. That's why a lot of street marchers will do a drug check before they go out to protest--no point in getting busted for anything uneccessary.

  10. Deserved to be busted, by Mr+Krinkle · · Score: 3, Insightful

    This guy is not a martyr. He was stupid and chose to piss in the US gov's wheaties. If you disagree with policies in the US we can still voice or beliefs freely. What noone is allowed to do and should not do is encite a riot. He was trying to do just this. He has messages claiming for everyone to unite and overthrow the US gov. Does that make him a threat? YES. Should the gov have reacted to him as a threat, YES. Did they need to go in their fully armed to and ready for battle? Yes. Police have information that they are to bust someone who has attacked multiple sites and attempted to attack military targets, plus he has been trying to get other people to use violence and weapons to overthrow the gov. He also instructs how to create bombs and other weapons on his site. They had to assume he would be armed. The only way to deal with that is with overwhelming force.
    As long as the go ahead and press charges in a timely manner the gov has done the right thing in this case.

    --
    I am 31337 or something.
    1. Re:Deserved to be busted, by geekoid · · Score: 2

      . He has messages claiming for everyone to unite and overthrow the US gov.
      So if a feel the government should be overthrown, I should go to jail?
      Being able to say that is the real test of freedom of speech.
      Of course defacing websites is another thing all together.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Deserved to be busted, by zhensel · · Score: 2

      "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."

      The actions of the US government post-9/11 will not end terrorism. That's simply an impossibility. Has global violence waned at all since our actions began? A simple look at Israel shows that such a claim would be ludicrous. To me, the actions of the US government almost unilateraly lead to the following conclusion: our government is attempting to forestall any attempt at revolution by any people unless those people are blessed with the "right" to revolution by the United States. Right now we're funding the Phillipines in its war against rebellion, we're aiding Israel (if only by providing the doctrine to justify their action) in its enslavement of Palestine, and we're continuing to aid numerous, horrible governments in the names of the drug war and the world economy.

      I don't agree with raisethefist.com's means in any way. I really don't enjoy the prospect of an anarchist world either. Still though, if the Declaration of Independence has any bearing in this matter, the owner of that site has full right, in tandem with the first amendment, to seek revolution. After all, revolution without near popular consent will fail. If the US government is indeed right and just, they have nothing to fear.

      This is only the first step in labeling anti-globalization protesters, anarchists, activists, et al as terrorists. The moment I saw the towers fall, I knew this would be one of the worst consequences of the terrorists' actions. As horrible as the events of September 11th were, the United States is not too cowardly to rise above exploiting the deaths of 1000s of its citizens to further the aims of the IMF, World Bank, and international conglomerates worldwide. Furthermore, George Bush feels free to stick to his twisted idea that the United States, with its "moral truths" is free to murder thousands around the world (at least 3700 civillian deaths in Afghanistan alone since September 11th) under the sick misconception that an American life is worth more than another.

      Ask yourself:
      Why don't Americans know how much global corporations will profit from the war on terror?
      Why doesn't the American media report on civillian casualties?
      Why does the government continue to instill fear in the American people with warning after warning about terrorist attacks without providing a single shred of information that could help expose these apparently inevitable strikes?
      Why, indeed, does the media ignore this very story?

      Only when you start asking yourself honest questions and look up the truth will you come up with any sensible conclusion. Yours may not be the same as mine. I admit that. I don't expect anyone to take my word as gospel, but I think I've gone through far more research and soul searching than the average American and I fail to see how anyone, given the evidence at hand, could justify all of the actions since September 11th.

    3. Re:Deserved to be busted, by Decimal · · Score: 2

      He was stupid and chose to piss in the US gov's wheaties.

      Well I guess it really is the breakfast of champions.

      (joke)

      --

      Remember "Bring 'em on"? *sigh
  11. Slant-Six Flashback... by FortKnox · · Score: 5, Interesting

    Before Slant-Six sank, they had an interesting article on how to confuse the future terrorists. Put up anarchist sites, but provide bogus info. Setup bomb-making instructions that make silly putty or something. The more sites like that that pop-up, the less likely a terrorist will discover the correct bomb-making papers. The point is to fight terrorists by making the internet a place that they can't trust...

    I wonder how the FBI would react to those kinds of sites...

    --
    Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    1. Re:Slant-Six Flashback... by Tackhead · · Score: 2
      > Put up anarchist sites, but provide bogus info. Setup bomb-making instructions that make silly putty or something. The more sites like that that pop-up, the less likely a terrorist will discover the correct bomb-making papers. The point is to fight terrorists by making the internet a place that they can't trust...
      >
      > I wonder how the FBI would react to those kinds of sites...

      Particularly seeing as how the 1960s semi-humorous "how to build a nuke" textfiles were actually found in Afghanistan, which tells you something about the odds that 11th-century minds are gonna be able to build 20th-century weapons, I thought this was a great idea.

      Then I remembered what happened to the guy who set up BonsaiKitten... oops.

    2. Re:Slant-Six Flashback... by Dasme · · Score: 3, Funny

      And in other news...

      "The US army were embarased today in an attack on Afgan terrorists. They were quoted saying "Damn you leet-terror.com and your fake C4 recipies!" The scent of burning silly putty could be smelt for miles"

      :\ Daz

    3. Re:Slant-Six Flashback... by AntiChristX · · Score: 2, Insightful

      Maybe we should be fighting terrorists with better foreign policy, and a review of our commercial morality. The US founding fathers were once considered terrorists, you know. How can we expect corrupt countries like Columbia to reform if, with our new terrorism policy, we don't allow the people to rise up?

      Besides, how hard is it to take a 6" length of pipe, fill it with gunpowder and ball-berings, insert a fuse, and seal it? Did you learn nothing from Operation: Swordfish?

      --
      AntiChristX
      Daring to remain below 5 karma indefinitely
    4. Re:Slant-Six Flashback... by PhotoGuy · · Score: 2

      Recipe for Dave's Killer Discs:

      With common household ingredients!

      - Take one cup flour
      - Add two eggs
      - Mix in 1/2 tsp of baking soda; be careful with this stuff, it can fizz pretty bad if you get it wet!
      - Mix in one cup of milk; careful not to spill this, or get it in your eyes. If you do, immediately flush with water.
      - Place content in 6" circular patterns over heated metal grill at 450 degrees; no more or no less, or you could ignite it! Leave until golden brown.
      - Cover with carmelized sugar (heat sugar in frying pan at 450 degrees for ten minutes until liquid brown)
      - These discs are now ready for deployment. Fling them at your enemy at will. They should succumb immediately (or at least get somewhat sticky).

      Please post this to as many sites as you can, in case this site gets shut down for posting this!

      Fight the power!

      --
      Love many, trust a few, do harm to none.
    5. Re:Slant-Six Flashback... by Rasta+Prefect · · Score: 2

      You mean aside from just how bad hacker movies could get?

      --
      Why?
    6. Re:Slant-Six Flashback... by mpe · · Score: 2

      Particularly seeing as how the 1960s semi-humorous "how to build a nuke" textfiles were actually found in Afghanistan, which tells you something about the odds that 11th-century minds are gonna be able to build 20th-century weapons, I thought this was a great idea.

      IIRC some of the Americans for first found them in Afghanistan also belived them to be real...

    7. Re:Slant-Six Flashback... by mpe · · Score: 2

      Maybe we should be fighting terrorists with better foreign policy, and a review of our commercial morality.

      Assuming you can separate US foreign policy and commercial morality. Since they appear to be intertwined. Maybe a good first step would be to abolish the concept of corporations as people. Maybe also the radical policy of the US not supporting non democratic governments and not supporting one side in a civil war.

  12. violently overthrow the Constitution? by Tyrannosaurus · · Score: 5, Insightful
    "People can rant and rave on the Internet all they want, but when they cross the line of calling people to action to violently overthrow the Constitution of the United States, they have a problem," said McLaughlin.


    That would be correct. The United States of America is all for free speech. It's also a democracy, where you can elect a new government to install new laws if you disagree with the current state of affairs. Elected officials (who presumably represent a majority of the populace) will eventually populate the group responsible for interpreting the Constitution, the Supreme Court. Therefore, in a theoretical sense (before you start screaming about corporate america owning the politicians), the people do control the government.


    By ignoring the political route and espousing the virtues of a violent overthrow, you have now entered the realm of "terrorist" or "freedom fighter." In a country where the freedom of speech is guaranteed in the very Constitution you want to do away with, you are more than likely to be considered a terrorist. And frankly, I would agree with that assessment.


    Here's a suggestion: if you don't like the system and don't feel like changing the system, take your bombs and move to Columbia or the middle east.

    --

    ---
    Gort! Klatu Barata Nikto!
    1. Re:violently overthrow the Constitution? by Lord+Omlette · · Score: 3, Troll

      Columbia: 2 billion dollars to fight leftist guerillas who are trying to win better conditions for the poor while the right wing wealthy landowners who they're opposing pump drugs into America and bullets into peasants.

      Middle East: Immeasurable amounts of money to support the ghettoification of a large number of Arabs. It's as if the Israeli government is taking all their cues from the third reich (who got their cues from our excellent eradication of Native Americans).

      Here's a suggestion: if you don't like the system and don't feel like changing the system, take your bombs and move to Columbia or the middle east.

      Nonono, tell them to move, but don't let them bring their bombs with them, they'll just end up getting pointed right back at us.

      --
      [o]_O
    2. Re:violently overthrow the Constitution? by Quikah · · Score: 2

      Just to bring things full circle...

      It's as if the Israeli government is taking all their cues from the third reich (who got their cues from our excellent eradication of Native Americans).

      Who got their cues from European colonialism. Who got their cues from papal arrogance. Who got their cues from Roman Imperialism...Who got their cues from Ogg the caveman. Damn you Ogg!

      --
      Q.
    3. Re:violently overthrow the Constitution? by Hard_Code · · Score: 2, Interesting

      "The United States of America is all for free speech. It's also a democracy, where you can elect a new government to install new laws if you disagree with the current state of affairs. Elected officials (who presumably represent a majority of the populace) will eventually populate the group responsible for interpreting the Constitution, the Supreme Court. Therefore, in a theoretical sense (before you start screaming about corporate america owning the politicians), the people do control the government."

      Yeah, in a "theoretical sense". Please tell me what is the hypothetical ethical thing to do when a presumably "democratic" system is actually entirely corrupt to the point that you *cannot peacefully effect any change in the direction you want*. Hmmm? According to you one enters the realm of "terrorist".

      Sure this kid might've been stupid and actually *done* something illegal - but just think of the precendent this sets. This sends the message to anybody who is vocal about disagreeing with US policy: "We will crack down on you HARD". This obviously has a "chilling effect".

      --

      It's 10 PM. Do you know if you're un-American?
    4. Re:violently overthrow the Constitution? by Pinball+Wizard · · Score: 3, Insightful
      You're so right. When our Founding Fathers signed the Declaration of Independence there's no doubt they wanted a peaceful political solution!


      It's those damn British who forced us to violently overthrow them. Had they not been so insistent on keeping us as a colony, the whole matter could have been settled peacefully.

      --

      No, Thursday's out. How about never - is never good for you?

    5. Re:violently overthrow the Constitution? by Lord+Omlette · · Score: 2

      The circle has to be cut somewhere. I love my country, but goddamn, we have to stop this oppression of other people for the sake of our personal glory bullshit.

      --
      [o]_O
    6. Re:violently overthrow the Constitution? by poot_rootbeer · · Score: 4, Funny
      Columbia: 2 billion dollars to fight leftist guerillas who are trying to win better conditions for the poor while the right wing wealthy landowners who they're opposing pump drugs into America and bullets into peasants.


      Gosh, I had no idea what conditions at that Ivy school in upper Manhattan was really like...!
    7. Re:violently overthrow the Constitution? by lunaboy · · Score: 2, Insightful

      ---- Sure this kid might've been stupid and actually *done* something illegal - but just think of the precendent this sets. This sends the message to anybody who is vocal about disagreeing with US policy: "We will crack down on you HARD". This obviously has a "chilling effect". ----

      You missed the point. The kid was "crack[ed] down on .. HARD" because he BROKE THE LAW. It had NOTHING to do with his opinion. He violated federal law, broke into computers he did not own and attempted to use those hacked computers to hack yet more computers. He posted bomb-building material on his website.

      The Feds showed up at his door because he is percieved as a dangerous criminal. He is a criminal and will go to jail.

    8. Re:violently overthrow the Constitution? by Lord+Omlette · · Score: 2

      That tree they have on their admissions pamphlet cover? It's the only tree on campus! Don't believe the happy thoughts hype, everything in Columbia is far more fucked up then you'd believe. NYU isn't that far away, and much better.

      --
      [o]_O
    9. Re:violently overthrow the Constitution? by Wesley+Everest · · Score: 5, Insightful
      Oh come on. The U.S. was founded by such "terrorists" (if older and wiser ones).

      The president just recently created a system of military tribunals where you can be arrested, tried, convicted, and executed without even being told the crime you were charged with, without the prosecution having shown probable cause before arrest, without hearing any evidence presented against you, without the ability to cross-examine witnesses, without your choice of counsel, without the crime specifically calling for a death sentence, without a presumption of innocence, without "beyond a shadow of a doubt" or even "beyond a reasonable doubt" standard of proof, without public scrutiny, and without a right of appeal.

      This system makes a military court-martial look like a hippy love-in.

      Now please re-read the Declaration of Independence and tell me whether the guys that wrote it sound more like Bush or this punk "terrorist" kid.

      The kid may have talked about overthrowing the constitution, but Bush has done it.

      And if your response is that if you don't like it, you should change it by working your way up the corporate ladder until you are CEO of a large enough corporation so that you can buy yourself or a friend into office, spare me. Yeah, and if you don't like the U.S. government, why don't you go to some country the U.S. government is bombing or propping up some hellish dictator -- now that's a great idea!

      Bush has made it perfectly clear -- you are either with him or against him. If you are against him, you are a terrorist and they intend to find you no matter what country you reside in. Clearly Bush is not quite that powerful, yet -- and one hopes that countries that care about human rights will be able to reign in some of his powers, but the point is that if you don't like the U.S. government you're only real options are to try to change it or keep your head down to avoid it's wrath.

      And you won't change it by saving your pennies to work within the system -- with lobbyists, bribes, and the corporate media. The current system has evolved to make sure that we can't change it from within. At the same time, violence is only a successful tactic if you are already powerful -- if you are weak, it will only hasten your destruction (look at what happened to the U.S. militia movement after Oklahoma City). And advocating violence without the intention or the ability to carry it out is the height of stupidity.

      The alternative is to organize where we have the most power (whether we realize it or not) -- with our coworkers or neighbors, in schools, professional associations, clubs, consumer groups, etc. And rather than organize for lofty meaningless phrases, organize for real gains that benefit us and those around us. Much of Bush's attack on Americans has taken the shape of less job security, longer hours, etc. at work. It is possible to resist these attacks, and it is much more effective if the resistance is organized and collective rather than disorganized and individual.

      As passive voters and pleaders, we are powerless, but organized and actively fighting back where we have power can work -- that's how it has worked with every social improvement in the last 1000 years or so, at least.

    10. Re:violently overthrow the Constitution? by Laplace · · Score: 2
      Here's a suggestion: if you don't like the system and don't feel like changing the system, take your bombs and move to Columbia or the middle east.

      Isn't that what John Walker Lindh did? Look at how far it got him.

      --
      The middle mind speaks!
    11. Re:violently overthrow the Constitution? by medcalf · · Score: 2
      Columbia: 2 billion dollars to fight leftist guerillas who are trying to win better conditions for the poor while the right wing wealthy landowners who they're opposing pump drugs into America and bullets into peasants.

      You've got it backwards. The guerillas, who arguably started for valid reasons, have become thugs who use their safe zone (granted by the government to further peace talks) to grow and transport drugs, and who kill all those (peasants and intellectuals) who disagree with them.

      Middle East: Immeasurable amounts of money to support the ghettoification of a large number of Arabs. It's as if the Israeli government is taking all their cues from the third reich (who got their cues from our excellent eradication of Native Americans).

      Except that you leave out that the Palestinians spent the last 50 years trying to destroy Israel, so Israel has some reason to keep the Palestinians under control. Not to mention that the Israelis haven't yet tried to actually wipe out the Palestinians, though I can see the day coming when they might try it, or at least to expel them all into Jordan and Egypt.

      --
      -- Two men say they're Jesus. One of them must be wrong. - Dire Straits
    12. Re:violently overthrow the Constitution? by hawk · · Score: 3, Insightful
      >The president just recently created a system of
      >military tribunals where you


      "you", in this sense, means "people captured while using weapons to actively oppose U.S. military forces"


      >can be arrested, tried, convicted, and executed
      >without even being told the crime you were
      >charged with,


      Where did you pull this out of? That's utter nonsense.


      >without the prosecution having shown probable
      >cause before arrest,


      Uhh, most of us will accept that being captured while resisting the military goes well past probable cause . . .


      >without hearing any evidence presented against
      >you,


      ??? I think you're confusing these tribunals, which don't yet exist, with something else.



      >without the ability to cross-examine witnesses,


      I'd *really* need to see a source before believing this.

      >without your choice of counsel,


      Yes, there are likely to be limits on counsel, both due to the need for security clearances and local availability. However, the right to counsel *cannot* be completely eliminated, as this would contravene the Rights of Englishmen as recognized at Common Law and protected by the U.S. Constitution. At this level, it is not a question of the U.S. rule, but that to completely refuse access to counsel would violate natural law.



      > without the crime
      >specifically calling for a death sentence,


      only by a very twisted interpretation. In the U.S. and other Common Law nations, statutes with prescribed penalties were not commonplace until *very* recently (20th century for the most part).


      >without a presumption of innocence,


      It's likely that the presumption will be reduced or gone, yes.


      >without "beyond a shadow of a doubt"


      Which, as far as I know, is not the law anywhere for anything.

      o
      >r even "beyond a reasonable doubt" standard of proof,


      Yes, the burden of proof is likely to be much lower, and a unanimous vote will probably not be required.


      > without public scrutiny,
      likely, yes. But there are practical matters getting that much public out there . . .


      >and without a right of appeal.


      Technically, yes. In reality, it is not politically possible that there will be no review.


      These tribunals, if created and used, will be limited to those found in arms and captured while violating the Law of War. You are proposing to extend to them protections that exist in very few places outside the English speaking world.


      Do I think that actually using these tribunals is a good idea? No, at least not at present, while our resources permit other responses.


      Nonetheless, the picture being painted of them is grossly inaccurate. Look to how they were used in the past, and then pull *way* back to meet modern political reality.


      hawk

    13. Re:violently overthrow the Constitution? by Wesley+Everest · · Score: 2
      On the other hand, you weep: "The U.S. was founded by such "terrorists" (if older and wiser ones)."

      And those older, wiser ones got their asses kicked too. Why do you then expect that your 'revolution' should be bloodless??

      Uh... I think you misread the post. The founders of the U.S. were considered terrorists by the British government, they chose to work outside the system to change it, and they won. The pro-British folks that advocated continuing to try to work within the system were the ones that "got their asses kicked". In this sense, the founders of the U.S. were much like this kid that recently got busted, though clearly Jefferson, et al were older and wiser than this kid.
    14. Re:violently overthrow the Constitution? by mgblst · · Score: 2

      The US gov is certainly making things hard for the people who live in its country, and the people who live outside!

    15. Re:violently overthrow the Constitution? by mpe · · Score: 2

      The founders of the U.S. were considered terrorists by the British government, they chose to work outside the system to change it, and they won.

      They probably initially tried to work "within the system" then decided this wouldn't work.

      In this sense, the founders of the U.S. were much like this kid that recently got busted, though clearly Jefferson, et al were older and wiser than this kid.

      Maybe luckier too.

    16. Re:violently overthrow the Constitution? by namespan · · Score: 2

      Except that you leave out that the Palestinians spent the last 50 years trying to destroy Israel, so Israel has some reason to keep the Palestinians under control. Not to mention that the Israelis haven't yet tried to actually wipe out the Palestinians, though I can see the day coming when they might try it, or at least to expel them all into Jordan and Egypt.

      Many Palestinians have spent the last 50 years trying to simply survive underneath an Israeli government that started its existence by dispossesing many of the non-Jewish peoples and using terrorist tactics. Not to mention that the state was, to some extent, established by fiat of the dominant (and still very colonial) world powers of the time.

      This doesn't mean the suicide bombers are right, or that the very real crimes of the Israelis make the crimes of the Palestinian people any less real. What it does mean is that the Israeli State is just as much to blame for the situation there as any Arab or Palestinian organization. This biography provides some interesting insights.

      And while he may not be striclty correct, I don't blame the poster for thinking the US is doing the wrong thing in Columbia. We have a fairly long history of doing the wrong thing, sometimes with good intentions, sometimes without. It's only too bad that in many cases, the opposition is equally corrupt, and ceasing US intervention wouldn't be enough to bring peace to the world.

      Bottom line: the world is a complicated place, the good guys aren't easy to tell from the bad guys, and often, people and nations are a mix of both.

      --
      Libertarianism is rich wolves and poor sheep playing gambler's ruin for dinner.
    17. Re:violently overthrow the Constitution? by mpe · · Score: 2

      "It's also a democracy, where you can elect a new government to install new laws if you disagree with the current state of affairs. Elected officials (who presumably represent a majority of the populace)" Except for the current president. He's the guy who came in second and got elected anyway.

      Remember that the US is dominated by two political parties. Even though there are other political parties in the US these tend to be completly ignored.
      How much do the Republicans and Democrats differ. Are there areas where there is little or no difference between them. (e.g. the same kind of policies, even though they might use different language.)
      It is quite possible to end up with a situation where even if the voting system worked perfectly issues would never have been decided by any kind of popular vote. Because candidates do not hold differing views on them,

    18. Re:violently overthrow the Constitution? by Platinum+Dragon · · Score: 2

      That would be correct. The United States of America is all for free speech.

      Until it gets uncomfortable; then people start asking where the obscenity laws are, it's for the children, et al...

      It's also a democracy, where you can elect a new government to install new laws if you disagree with the current state of affairs.

      It's a representative democracy. Not only do you pick your rulers, but they can get away with the pretense of voting for repulsive things like the DMCA and call it "the will of the people." States will throw voters "ballot initiatives" if enough signatures are raised by non-legislators to get them there, and even if those referenda succeed, they can be ignored in certain states or overruled by existing federal law, even if that federal law is utter junk.

      People that are supposed to serve the citizens end up ruling them, because they are handed lots of power with little to no responsibility and accountability. Losing the next election simply isn't enough of a threat; people have short memories, a shorter attention span, and little to no chance of turfing their "representative" when s/he makes a really bad decision. The federal system still ends up with less than 1 000 people making decisions that will affect 250 million+, often with the influence of a moneyed few behind those decisions. The vote is no longer the instrument of ultimate authority, but the dollar - and those with more dollars can get more rules passed that favour them. We've reached a point in North America where the people who make decisions are hundreds of miles and layers of bureaucracy away from the people those decisions affect, and many of the affected are coming to think they have less and less agency under the current system. A few are even coming to think that the people who make decisions are those who the decisions will affect - you and me, and the community around us. I'm one of those people.

      Therefore, in a theoretical sense (before you start screaming about corporate america owning the politicians), the people do control the government.

      In theory, what happens in practice should be the same as what happens in theory. It's not "screaming" when people complain about corporate influence; it's legitimate frustration with a political process that has, for many people, become irrelevant or detrimental to society as a whole.

      By ignoring the political route and espousing the virtues of a violent overthrow, you have now entered the realm of "terrorist" or "freedom fighter." In a country where the freedom of speech is guaranteed in the very Constitution you want to do away with, you are more than likely to be considered a terrorist. And frankly, I would agree with that assessment.

      As has been pointed out, the line between "terrorist" and "freedom fighter" is extremely thin. It depends what side you're on, and what the terrorists/freedom fighters are fighting for. Wanting to throw off the yoke of authoritarianism can be taken either way, depending whether you actually like your rulers. To some extent, a freedom fighter is a subset of terrorists, one that wishes to ensure freedom and an end to oppressive authority. This is in contrast to terrorists that want to replace one authority with their own, or force everyone to subscribe to their own belief system. A freedom fighter will seek to convince you their cause is just through words as well as deeds, and attack aggressive opposition; a terrorist will just try to kill you if you don't give in. Even then, the definitions aren't completely solid. Try discussing Palestinian liberation sometime, and have fun trying to find an acceptable limit to aggressive resistance. I support defense against IDF incursions, and nonaggressive blocking of Israeli settlements in Palestinian territory that the locals didn't agree to, but I don't condone the killing of innocents or attacks on the Israeli side of the Green Line, regardless of target. Some people say I support terrorism; others would say I don't go far enough in supporting the Palestinian struggle for a homeland. It's a tricky line, and more often than not, tactics that are viewed as acceptable in one circumstance are used to tar another cause as horrible and unsupportable.

      As for the Constitution... if the government doesn't uphold it, and people don't understand the ideas contained within, then it's nothing more than words on a page. The concepts of liberty and freedom are great, but only if people take responsibility for all the implications, good and bad.

      Here's a suggestion: if you don't like the system and don't feel like changing the system, take your bombs and move to Columbia or the middle east.

      This treads close to "love it or leave it," saying "love it, try to change it within the existing rules, or forget it." Unfortunately, sometimes the rules don't work, the law doesn't spring from the ethical boundaries agreed to by the people living under that law. And sometimes (often?) authority is just corrupt beyond belief or use.

      As I've said before, I think his cracking of websites was the wrong thing to do, and I don't advocate a violent overthrow and imposition of a new regime, but neither do I accept the authority of a government that routinely allows the individuals involved to escape responsibility for harmful actions taken and laws passed, and hides its mistakes from the people that are supposed to ultimately make decisions.

      --

      Someday, you're going to die. Get over it.
    19. Re:violently overthrow the Constitution? by Catbeller · · Score: 2

      Defacing a website does less damage than spraypainting a wall, but under our lovely new laws, it's up there with murder when it comes to punishment.

      Something's wrong here, when such a silly action brings the entire FBI down on you. I think it had something more to do with how someone decided to nail the pinko than with website defacement.

    20. Re:violently overthrow the Constitution? by radish · · Score: 2

      agreed with some of your post, but...



      You are proposing to extend to them protections that exist in very few places outside the English speaking world.



      What about the french speaking world? or german, or spanish, or italian, or swedish, or norweigan, or danish, or portugese, or flemish, or greek, or even (shock horror) russian.

      I'm no lawyer (where have I heard that before?) but suggesting that "the english speaking world" is the be-all and end-all of civilisation is several hundred years out of date. Let's be honest, there's very little correlation between language spoken and so-called "civility" or "freedom". I would imagine Ghandi spoke Urdu or Hindi (potentially english as well), and the KK sure spoke english (or some southern version thereof).

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    21. Re:violently overthrow the Constitution? by hawk · · Score: 2
      The english speaking world follows British Common Law, while most of the othersare Civil Law jursidictions.


      I'm not calling the others inadequate; it's just that the protection of defendants is stronger under common law than civil law and others.


      It's the legal system, not the culture, that I'm referring to.


      hawk

    22. Re:violently overthrow the Constitution? by dubl-u · · Score: 2
      Yeah, in a "theoretical sense". Please tell me what is the hypothetical ethical thing to do when a presumably "democratic" system is actually entirely corrupt to the point that you *cannot peacefully effect any change in the direction you want*. Hmmm? According to you one enters the realm of "terrorist".

      Your implication that the US government is entirely corrupt suggests you haven't lived any place outside the US, certainly not in any third-world country.

      Here a president can't even get a blow job without a near miss at impeachment. And a year ago if you'd asked anybody to name one of the shadowy corporate moguls for whom Bush would be a sock puppet, anybody in California would have said "Kennie Lay of Enron". Now he's looking at a two-year-long colonoscopy by Congress and the press. And hopefully, jail time.

      So "entirely corrupt" is way over the line. "Entirely corrupt" is when 30% of the government budget ends up in the pocket of the president and cabinet members. (Hello, Nigeria!) "Entirely corrupt" is when if you open your mouth you disappear in the middle of the night and they drop your body from a plane fifty miles out to sea. (Hello, Chile!)


      Our ability to affect our government is far from theoretical. If you want to have more than 1/275,000,000 of the power, you can get it. Go get a master's in public policy from a top-notch school, go to Washington, and work your ass off. I know people who are doing it, and you can be one of them. Or if policy isn't to your tastes, go out and make a few million dollars and then fund people working on something that matters. There are always smart people looking for funding to change the world.

      Maybe it isn't the case with you personally, but here in San Francisco 99% of the people who are bitching about how powerless they are don't do anything but bitch. If you wanna see this country move in your direction, you can't just ride along and yammer; you gotta hop off, roll up your sleeves, and push for all you're worth.

    23. Re:violently overthrow the Constitution? by Wesley+Everest · · Score: 2
      Consider that "or" is used throughout the definition of who it applies to. That means if any of that is true, it applies to you. You can then reduce it to this:
      Sec. 2. Definition and Policy.

      (a) The term "individual subject to this order" shall mean any individual who is not a United States citizen with respect to whom I determine from time to time in writing that:

      1. there is reason to believe that such individual, at the relevant times,

        (ii) has conspired to commit, acts in preparation of international terrorism, that threaten to cause adverse effects on the United States economy;

        and

      2. it is in the interest of the United States that such individual be subject to this order.
      Now, what is an "act of international terrorism"? If you ask the FBI, they say this:
      "the unlawful use of force or violence against persons or property to intimidate or coerce a Government, the civilian population, or any segment thereof, in furtherance of political or social objectives."
      So, if you are not a citizen and there is reason to believe that you are conspiring to use force against property in an effort to coerce a corporation to further social objectives, and that action threatens to cause adverse effects on the U.S. economy, then Bush's order applies to you. The only other requirement is that the "activities transcend national boundaries" -- which can mean that this alleged conspiracy involves coordinating with people in other countries.

      So, for example, if "there is reason to believe" that activists in the U.S. and another country intend to pour sugar in the gas tanks of trucks of some large corporation, and it is believed that this action threatens "to cause adverse effects on the United States economy", then they are alleged international terrorists and this order can be applied.

      It could very well be that the activists intend to do an internationally-coordinated act of civil-disobedience by lying down in front of the trucks, but there might be "reason to believe" that some will go a bit further.

      And while Bush's order also covers much more heinous crimes, the fact is that his order applies to just this sort of protest.

    24. Re:violently overthrow the Constitution? by Wesley+Everest · · Score: 2
      The problem is that it does come down to trusting one man to not abuse power. That goes against everything our nation is founded on. And besides that, it shows just why checks and balances are important. You say that abusing his power would cost him, but the nature of this new power is that the trials are secret. If Nixon had this power before the Watergate investigations started, nobody would have known about it.

      As for not yet being the right time to raise the alarm, when would be that time? And what will you be capable of doing at the time? Should we criticize the "good" Germans that did nothing to stop Hitler from coming to power, and then were unable to remove him from power? At what point did Germans cease to be good, trusting citizens, and become guilty by their inaction, partners in mass slaughter?

      Clearly Bush hasn't yet crossed your line, but I'd be curious where you'd draw that line for Germans and what the corresponding line would be for Bush.

  13. More info here at by SpaceLifeForm · · Score: 2, Informative
    --
    You are being MICROattacked, from various angles, in a SOFT manner.
  14. He's a Criminal. by Picass0 · · Score: 2

    "If I go to jail, then I will go to jail not based on my actions, but based on what I think,"

    Wrong. His actions include defacing websites and distributing information on how to make bombs. Either of those are crimes and punishable by law. He's not some little pacifist sitting in a corner getting picked on by The Man.

    If you want to find a poster boy for "Thought Police Victim" find a better specimen.

  15. Nothing horribly new here by T.E.D. · · Score: 3, Interesting
    It appears that he was arrested for two things:
    1. Cracking and defacing websites. Clearly an illegal activity. Perhaps it shouldn't be treated as anything more than vandalism, but it's reasonable to involve the Feds, since some of the sites certianly weren't in his home state.
    2. Advocating the violent overthrow of the government. I'm not entirely sure that I agree with this particular law. It was enacted in the early 20th century, cheifly to give the government a reason to arrest Communists who hadn't committed a crime. So its not exactly a new law. If you disagree with it, fine. But then where the heck were you and your complaints the last 50 years when Communists were getting thrown in jail because of it?
    1. Re:Nothing horribly new here by bluGill · · Score: 2

      i was a twinkle in my father's eye.

      Accually, my parents were a twinkle in my grandparent's eyes. I doupt I'm the only /. reader who can say this his parents were not born when McCarthy was running amuck. (accually they were born in the last years of that mess, but I hardly think you can place blame on a 2 year old for that situation, much less their offspring that won't be born for about 20 years.

    2. Re:Nothing horribly new here by Peyna · · Score: 2

      Isn't there still an active Communist party in the United States? I believe they occasional work their way onto a ballot every know and then too.

      --
      What?
  16. Another non-news story by Wind_Walker · · Score: 2
    This guy admits to illegally cracking into at least 5 websites to post his "anarchy message" and defends it by saying "It was necessary to get the word out"? Come on, people!

    Computer cracking was illegal well before 9-11.

  17. common sense? by Ubergrendle · · Score: 2, Insightful

    From the newsbytes article: "In the interview, Austin acknowledged that he vandalized the Web sites and that he knew it was illegal to do so. But he defended the act by saying it was necessary to get his message out." So he acknowledges he does something illegal, and then complains about being arrested? SWAT team may be overkill for an 18 punk hacker, but then again there were instructions on bomb making materials. In the heightened state of alert for all police forces since Sept 11, they'd be foolish not to be prepared. People may try to simplify this to a "free speech" or "destruction of the free internet" argument, but I think this case is pretty much cut and dried.

    --
    John Maynard Keynes: "When the facts change, I change my mind. What do you do?"
  18. Raise the fist by sargon666777 · · Score: 2, Insightful

    Looking at what info I found on a mirror of the old site (already down im afraid). It looks as if they were more than a tad on the extremist side. For one he knowingly admits to circumventing the law in order to "get his message out" that was his first mistake. Second he appears to have information that more or less (at least implies) that the goverment needs to be overthrown (not changed). The diffrence being overthrowing consitutes violence where changing implies through voting and so forth. Sounds to me like this bust was a good thing. Not a bad one

    --
    Am I lying when I tell you that im telling the truth? Or am I telling the truth when I say that Im lying?
  19. Publish bomb instructions, go to jail by Da+VinMan · · Score: 3, Interesting

    Is it really any more complicated than that?

    Yeah, they're using more muscle than what they needed. They really didn't need to seize all of his political literature, unless maybe they consider it evidence of his highly anti-establishment attitude.

    It all seems a bit extreme. But didn't he break the law? Isn't the law a good one? I mean, how many of us really want our neighbors and other assorted yokels having the knowledge to construct bombs out of legally available materials? I'm not so sure I want that available to everyone.

    It's one thing to have and even construct guns. Bombs are a whole new level though. It may infringe on his free speech rights, but his free speech can easily lead to depriving someone else (or many others) of their lives.

    --
    Please mod this post only if you think others should/n't read this. I have enough ego^H^H^Hkarma. Thanks!
    1. Re:Publish bomb instructions, go to jail by jkujawa · · Score: 2

      What law? Show me a law.
      A law against publishing instructions would clearly violate the first amendment.

    2. Re:Publish bomb instructions, go to jail by ethereal · · Score: 5, Insightful

      I think you'd better be careful on that there slippery slope, because the next step is "how many of us really want 'that hacker kid' down the street having the knowledge of how to reset my router or how to access my bank's poorly-secured web site?" A lot of the things that people on this site know and converse about freely could be just as dangerous to the public as bomb-making instructions.

      I'm not defending hacking or blowing up people with bombs, and I'm not entirely defending this kid either. I'm just saying that we need to differentiate between the knowledge of how to do something, the tools for doing something, and the actual doing of the thing. Responsibility should be laid against those who actually commit crimes, not all of those who know how to. Providing bomb-making information (which is available on any number of other sites) does not seem to be such a major crime.

      Although hacking a DoD site definitely was a big mistake. On those grounds alone he should go down.

      --

      Your right to not believe: Americans United for Separation of Church and

    3. Re:Publish bomb instructions, go to jail by berzerke · · Score: 2

      Bombs are a whole new level though. It may infringe on his free speech rights...



      Free speech is a precious thing and you should always defend free speech, even speech you don't like. Why? Because if it's ok to limit someone else's speech, how long before it's ok to limit yours?



      It's one thing to have and even construct guns...



      Our constitution gives us the right to bear arms. Not firearms, arms. A bomb is an arm, just as a knife is or a stun gun is. Unfortunately, that view is not shared by many who make our laws. I've lived in a city where guns, which can kill at a distance, are legal, but you are breaking the law if you have a stun gun, which won't kill period. Somehow the fact the city has drive-by shootings which do kill people, but no drive-by stun-gunnings seems to escape the politicians. Personally, I'd rather be stun-gunned than shot, and I have been shot.

    4. Re:Publish bomb instructions, go to jail by SlashChick · · Score: 2

      "What law? Show me a law."

      Alright, here you go. It's an article called "Anti-Terrorism vs. Free Speech". It cites the following:

      "Clearly, some speech is not protected under the First Amendment. Two Federal appeals courts have upheld a law that prohibits 'demonstrating how to make an explosive device if one intends or knows that it will be used in a civil disorder involving acts of violence affecting interstate commerce.' While this law clearly doesn't cover all publication of material relating to bomb-making instructions, it cuts a pretty wide swath."

      I would assume that this is what they are prosecuting him for. Sorry, but I have no sympathy for this guy. In this country, you're free to criticize the government all you want, but when you publish instructions on how to make a bomb with the intent to commit violence, then you're asking for trouble. This was illegal; the guy admitted it was illegal; close the book...

    5. Re:Publish bomb instructions, go to jail by jgerman · · Score: 2

      Yes, and as long as you can have a weapon the governemt is within the bouncds of the constitution to prevent you from having certain types of weapons. They're certainly not going to allow you to own a nuclear weapon, so quit whining before your right to bear arms is limited to a penknife.

      --
      I'm the big fish in the big pond bitch.
    6. Re:Publish bomb instructions, go to jail by interiot · · Score: 2
      This was illegal; the guy admitted it was illegal; close the book...

      He admitted that cracking websites to spread his message was illegal, he didn't admit that bomb info was illegal.

      As for the question of: When does is it become illegal to advocate breaking the law? As far as I can tell, the case law goes something like obscenity case law. It has a long history with major decisions contradicting each other. It has various tests (Brandenburg test , Clear and Present Danger) being proposed. And it's essentially a gray area with no obvious place to draw the line, but a line must be drawn because one extreme is clearly legal and the other extreme is almost certainly illegal.

  20. Big Brother? by maniac11 · · Score: 2
    Since 1999, raisethefist.com has been under extensive government monitering. At times, Raisethefist.com has recieved over 100 hits from the U.S Department of Defense in a single day. The FBI, police department, NSA (and who else) continuesly monitered the site on a daily basis. Even government's from the UK, Canada, Lavtia, Belgium, Egypt, Finland, and Australia monitered the site continuesly. The FBI had also previously intercepted all packets going through the DSL line hosting the site, and have seized additional accounts being used by the site.


    This is verging on redundant, but was any of this monitoring done with a warrant? Is the US Government allowed unfettered ability to monitor (or intercept!) network traffic? This doesn't seem right.
    --
    Guvegrra?
    1. Re:Big Brother? by UncleRoger · · Score: 2

      At times, Raisethefist.com has recieved over 100 hits from the U.S Department of Defense in a single day. The FBI, police department, NSA (and who else) continuesly monitered the site on a daily basis.

      Yeah, so? What's the biggest single entity connected to the internet in the US? I'd guess it's the government. And within that, I'd further guess that the DoD is the biggest department. So, of all the employees of the DoD, there have been 100 hits from them in one day? Big whup. If the guy had 10 pages on his site, that could be as few as 10 distinct users -- I could see someone stumbling on the site, e-mailing a few coworkers, and suddenly there are 100 hits from .gov or .mil or .whatever tld's -- all of them laughing their arses off.

      This is verging on redundant, but was any of this monitoring done with a warrant? Is the US Government allowed unfettered ability to monitor (or intercept!) network traffic?

      One doesn't need a warrant to view a publicly available web page. (Heck, go take a look at mine if you want.) Intercepting implies preventing something from reaching its destination. I seriously doubt that happened -- perhaps he simply hit his bandwidth cap for the month? I mean, cracking those sites and all must have used some.

      Show me some proof that something wrong was done and I'll get upset. Until then, this is some little punk that wants to be able to ignore the rules of our society while still being protected by them. If you ask me, anyone who thinks our laws and constitution should be eliminated should start by waiving all of the rights afforded to them such as the right to a fair trial, the right to privacy, etc. If you want true anarchy, then anyone can do anything they want, including walking into your house, bashing you on the head, and taking your computer. Put up or shut up.

      --
      Stupid people will be persecuted to the fullest extent allowed by law.
    2. Re:Big Brother? by maniac11 · · Score: 2

      Once sentence says 'received 100 hits' and likely applies to simple viewing of site contents.

      The 'intercepted all packets' from his dsl line is where it becomes suspect. My question is really in regard to that 'monitoring'. Was there a warrant or is this some kind of untested police privilege?

      --
      Guvegrra?
    3. Re:Big Brother? by UncleRoger · · Score: 2

      "intercepted all packets"


      What kind of proof -- heck, forget proof, what kind of evidence suggests that someone "intercepted" packets? Did someone complain about not being able to access the web site? Did someone not get an e-mail he sent? Or was it some other kind of packet? What exactly was he sending that didn't reach its destination? Why does he suspect the government? (Aside, of course, from the simple fact that he's a numbnut.)



      If someone was intercepting all packets, no one would be able to view the web site, e-mail he sent wouldn't arrive, he wouldn't even be able to view other people's websites. All packets would include those sent to other websites so he could view webpages.



      My suspiscion is that this idiot was trying to crack another website, couldn't get through, and assumed the FBI was being mean to him.



      By saying "intercepted" and "all", the credibility of this claim becomes very low. If he said that "a lot of the packets passed through government servers", I'd believe it -- that's the way the internet works.

      --
      Stupid people will be persecuted to the fullest extent allowed by law.
  21. how to make bombs by Em+Emalb · · Score: 2

    Ok,

    This brings up a hard pill for me to swallow. On one hand, Freedom of Speech is protected. I agree with this. However, what happens when your freedoms are put in jeopardy because of information out there like this? Some information just shouldn't be out there. There is NO reason someone should be posting how to make a bomb on the web. If you can find a reason they should, please enlighten me. (Freedom of Speech aside, I am referring to real, honest to God reasons for this being out there)

    thanks

    --
    Sent from your iPad.
    1. Re:how to make bombs by xphase · · Score: 2, Interesting

      I'm not commenting on whether or not someone should post this information on a website.

      I would like to mention that material on how to make bombs has been in circulation since before the internet, and it will be in circulation even if all the sites with HOW-TO's get taken down.

      Also, how many Afghani terrorists have internet accounts? I mean other than John Katz's friend?

      Whether or not I agree with the information being available on-line, I do not feel that it puts our freedom in any sort of jeopardy.

      --xPhase

      --
      The following sentence is TRUE. The previous sentence is FALSE.
    2. Re:how to make bombs by bribecka · · Score: 2

      No speech or press by a person can ever be censored for any reason, ever. Period.

      You're an idiot. Ever hear of the "yelling fire in a crowded theater" argument? You CAN'T do it. Speech is protected as long as you don't conflict with the rights or safety of others.

      --

      Where are we going and why am I in this handbasket?

    3. Re:how to make bombs by bribecka · · Score: 2

      The grey area is in the definition of safety.

      True, but that's what we have courts for. The point was that not all speech is protected by the 1st amendment, as the posted was asserting.

      More free speech stuff here: http://www.bc.edu/bc_org/avp/cas/comm/free_speech/ update01.html

      --

      Where are we going and why am I in this handbasket?

    4. Re:how to make bombs by DaSyonic · · Score: 2

      Their is a big differance.

      If you shout FIRE, you are actually commiting the act of violating others safety.

      If you talk about how to build a bomb, you are not violating others safety.. Only when that bomb is being made are others safety in danger. *THAT* is the key differance.

      --

      Linux: Because a PC is a terrible thing to waste.
      James Brents
    5. Re:how to make bombs by dhovis · · Score: 2
      The constitution is interpreted by the Supreme Court, and it is not as absolute as that.

      There are several types of speech which are not protected including:

      • Slander
      • Libel
      • Hate Speech
      • Fighting Words

      Any of these can be, and are abridged by law. Do you think someone who doesn't like you should be able to go around telling lies that get you fired? (for example)

      --

      --
      The internet is the greatest source of biased information in the history of mankind.

    6. Re:how to make bombs by st0rmshad0w · · Score: 2, Insightful

      "Most people would support an amendment making it illegal to pass around bomb-making information."

      Probably true, but that would mean among other things banning stuff like chemistry books, and my personal fave, the USMC Improvized Munitions Handbook, available courtesy of the government printing office. And I guess you'd have to be in the military for life, so you couldn't get discharged and tell anyone what you may have been taught.

    7. Re:how to make bombs by dhovis · · Score: 2
      I was just pointing out that there are limits to free speech under the US Constitution.

      Anyway, I'm just recalling what I learned in my high school government class in 1994. The four examples I gave are all types of speech that the Supreme Court has issued rulings saying that they are not protected under the 1st amendment. Whether you disagree with the court on those points is a different debate.

      --

      --
      The internet is the greatest source of biased information in the history of mankind.

    8. Re:how to make bombs by bribecka · · Score: 2

      or prohibiting the free exercise thereof
      You know, cant tell people they cant perform whatever religious rituals they want.


      So, it should be legal for me to practice a religion that requires the sacrifice of a virgin? I don't think so. If all of these posts of yours are an attempt at sarcasm, you've failed.

      --

      Where are we going and why am I in this handbasket?

    9. Re:how to make bombs by bribecka · · Score: 2

      You made it up. Thats all. It doesnt exisit. No where does the Constitution even mention the idea of "except if it violate the safety of others".

      That is what the supreme court has decided. You know, SCOTUS, as in Article III, also in the constitution? There is more to it than the first amendment, in case you hadn't noticed.

      --

      Where are we going and why am I in this handbasket?

    10. Re:how to make bombs by dhovis · · Score: 2
      I think that the general idea here is that, though you can say anything you want, you can be held accountable for what you say.

      For example: Threatening to kill someone is illegal. It is an act of speech, and you have every right to make it, but you can be held responsible for it.

      If you say anything with the intent to cause harm to an individual or a group of people by saying it, you can be held accountable. All the things I cited fall under that category.

      --

      --
      The internet is the greatest source of biased information in the history of mankind.

    11. Re:how to make bombs by Platinum+Dragon · · Score: 2

      Most people would support an amendment making it illegal to pass around bomb-making information. I do.

      Maybe I'm just a hard-core freedom-of-speech advocate, but if most people in your country would support such an amendment, I don't want to live in your country should that ever actually happen. Last I saw, the Constitution was supposed to guarantee rights to people and limit government powers. The last time the Constitution was used to make something illegal, it spectacularly failed.

      --

      Someday, you're going to die. Get over it.
    12. Re:how to make bombs by andycat · · Score: 2, Informative
      No speech or press by a person can ever be censored for any reason, ever. Period.

      "Good reasons" or "bad reasons" or "good information" or "some information shouldnt be out there" isn't good enough.

      This is incorrect on a few counts. First, your speech may not, in general, be censored by the government in its capacity as a sovereign (as opposed to as an employer or a proprietor of an establishment like a library). The First Amendment only applies to the US government, and by extension (via the 14th Amendment) to the state governments. Once you get that far, there are more exceptions -- a few categories of speech not protected at all, a few that receive only intermediate protection, and then the vast majority that are totally protected. The exceptions are as follows:
      • Obscene speech, which must be patently offensive under contemporary community standards, appeal to prurient interests, and lack serious redeeming value. Child pornography falls under this category. This decision is always a judgement call. Merely indecent speech is protected: unless and until it crosses over into obscenity, you're free to do as you will.
      • Speech that creates a clear and present danger to the public interest, whether it immediately endangers public safety (e.g. shouting "Fire!" in a crowded movie theater), incites immediate illegal action ("That lousy no-good so-and-so! Let's go burn his house down!"), poses a serious threat to the government (i.e. not just rhetoric), or threatens the President or his family. There is a fine line here: you are allowed to advocate a (potentially) illegal act, but not incite people to perform it.
      • Fighting words, namely denigrating speech likely to cause the average person to fight back or retaliate right then.
      • Speech that defames -- slander and libel go here.
      • False or deceptive advertising is not protected speech.

      Basically the government has to show three things before it can censor speech:
      1. The restriction serves a compelling government or public interest,
      2. There is no less obtrusive means available, and
      3. The restriction is not "unconstitutionally vague" -- your average Joe should be able to decide whether or not it applies in a given case.

      With very few exceptions, the government cannot restrict any other kinds of speech based on its content.

      (Thanks to Jeannie Walsh for the course slides I used for this. They're online at the web site for a Computers and Society course that I taught last summer.)
    13. Re:how to make bombs by Peyna · · Score: 2
      However, the supreme court is there to interpret the constituion, bill of rights, and other amendments and laws. For reference:

      The U.S. Supreme Court did rule in 1942, in a case called Chaplinsky v. New Hampshire, that intimidating speech directed at a specific individual in a face-to-face confrontation amounts to "fighting words," and that the person engaging in such speech can be punished if "by their very utterance [the words] inflict injury or tend to incite an immediate breach of the peace."

      (from http://www.aclu.org/library/pbp16.html )

      Also:

      "But the character of every act depends upon the circumstances in which it is done. Aikens v. Wisconsin, 195 U.S. 194, 205, 206. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. It does not even protect a man from an injunction against uttering words that may have all the effect of force. Gompers v. Bucks Stove & Range Co., 221 U.S. 418, 439. The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." - Justice Oliver Wendell Holmes in Schenck v. United States, 249 U.S. 47 (1919).

      --
      What?
  22. Darwinian logic. by Matey-O · · Score: 2

    I don't understand how people who are so 'smart' try to disseminate a message so stupidly.

    Case is point:
    'Austin acknowledged that he vandalized the Web sites and that he knew it was illegal to do so. But he defended the act by saying it was necessary to get his message out.'

    and

    '"If I go to jail, then I will go to jail not based on my actions, but based on what I think," he said. '

    If he's smart enough to collect this kind of following, why is it that he ISN'T smart enough to figure out how to peacefully make his desires come about?

    And why isn't he smart enough to realise that by calling attention to himself THIS way will just get him squashed.

    America is a pretty cool place. Pretty big things have been changed in pretty peaceful ways. It also has the resources and desire to prevent folks like this from causing [much] damage.

    It's one thing to get your way by trying to break a toy, it's another thing entirely to redesign the environment so that the toy works for you. (and all that 'reed bending in the breeze' Kung Fu crap.)

    --
    "Draco dormiens nunquam titillandus."
  23. Perhaps I'm the only one... by eclectric · · Score: 3, Insightful

    but who can take seriously any person who still lives at home with mommy? He has no conception of what it means to be an adult, so I can't imagine how I'm supposed to take him seriously as a source of political information. I'm not saying people who live with their parents shouldn't have political leanings and causes, but I have trouble taking him seriously if doesn't even have to earn a living. (Which i guess gives him time to run this website, so maybe this is the way to go).

    Then again, I'm pretty much in agreement with his comments about the current climate for those of thus dislike the actions of the United States. I think we're going to be seeing a lot more of this as days pass.

    1. Re:Perhaps I'm the only one... by Em+Emalb · · Score: 2

      "but who can take seriously any person who still lives at home with mommy?"

      I can see it now:

      "Honey, come take out the trash."

      "I can't mom, I trying to overthrow the government."

      "That's nice dear, when you get done playing with your friends, come take out the trash."

      --
      Sent from your iPad.
  24. digital does not make it right by xonos · · Score: 2, Insightful

    If i was to walk around handing people pamphlets on how to create bombs and encourage everyone to kill everyone that disagrees with me, i would be arrested and rightfully so.

    If i put up a web site that tells people how to make bombs and encourage everyone to kill everyone that disagrees with me, suddenly i am a poster boy for free speech?

  25. This is not new by Anonymous Coward · · Score: 2, Informative

    Advocating violence like this has always been illegal. Read a history book before you go off spouting inane "Why are they taking my rights away?" bullshit. It's ok to stand up at a klan rally and say, "These niggers are ruining our lives." It's not ok to continue by saying "So let's string em all up!"

    1. Re:This is not new by LatJoor · · Score: 2, Interesting

      Actually, the U.S. Supreme Court has ruled that advocating violence is unlawful only when it poses a "clear and present danger" to safety.

      His legal scrape is not due to advocating violence per se, but due to distributing bomb-making instructions, which falls under different laws.

      Of course, there have been plenty of organizations who have had their offices raided and property seized for what they have SAID, and from what I understand the FBI has the power to keep your stuff even if they never charge you with a crime. That just wasn't the case this time.

    2. Re:This is not new by arkanes · · Score: 2
      I think YOU actually need to read some history, it certainly is okay to advocate violence. Kinda like the AMERICAN REVOLUTION. It's when you incense people to violence (clear and present danger, and all that) that you're crossing the line.

  26. Response to terrorism by jfengel · · Score: 2, Insightful

    Posted on the raisethefist.com site:

    "anyone actively disagreeing with policies of the U.S is now automatically rendered a 'terrorist' in the eyes of national security."

    Perhaps that's so, but I'd venture to say that those disagreeing with the policies of the US and publishing information on how to make bombs are more likely to get noticed than those who simply disagree. They claim that "The sysop of this site does not endorse nor use any method of violence" but bomb-making and anti-government rhetoric on the same site are at the very least an implicit threat.

    IANAL, so I can't speak to the legalities of it. But I know that if I were a FBI agent, I too would have wanted armor when I went in there.

  27. Good riddance to bad rubbish by Marx_Mrvelous · · Score: 2

    I might be a little jaded against the world, but sites like this are ludicrous. I'm glad that he got raided and I do hope they arrest him. He's obviously an ignorant child who wants attention, and possibly to hurt people. These are the kinds of people we do not want free in the United States.

    --

    Moderation: Put your hand inside the puppet head!
  28. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  29. Free speech verses private rights by Marx_Mrvelous · · Score: 2

    There is a very obvious line where "free speech" is no longer important. When you are actively inciting people to violence against each other, it becomes criminal.

    We also have the right to pursue happiness, but if I'm only happy killing and raping people, I certainly can't do that.

    --

    Moderation: Put your hand inside the puppet head!
    1. Re:Free speech verses private rights by Wavicle · · Score: 2

      one word: "wartime"

      The rules change during that. Consult the constitution and history for examples of rule changing.

      --
      Education is a better safeguard of liberty than a standing army.
      Edward Everett (1794 - 1865)
  30. Irony by lkaos · · Score: 2

    According to Austin, all of the site's files, which were dedicated to "the anti-corporate globalization movement,"

    So while he's against corporate globalization, he has no problem with violating my privacy by display a doubleclick.com advertising banner on his site along with one of the stupid pop-down X10 windows...

    I would be the first to run to this guy's defense for posting bomb-making techniques or anything of that nature but since he broke into computer systems I just simply can't condone his actions.

    It's funnny though because he justifies breaking into a computer system (and thereby, violating someone's rights) because he's spreading a message against a government who are violating peoples rights.

    I think his mommy forgot to tell him that two wrongs don't make a right...

    --
    int func(int a);
    func((b += 3, b));
  31. Non violent means by Alien54 · · Score: 2
    He probably would have gotten more traffic and support and less hassle if had spent all that time learning to create satirical flash movies of administration officials.

    Play George Bush the fighter pilot trying to shoot Osama bin laden. There so many angles that would have done much better. So instead he thinks to do things like bombs and stuf like that.

    Heck even stuff like WhiteHouse.ORG is much more effective, even if in questionable taste. The opportunity is boundless if you have that talent. Which this kid probably did not.

    --
    "It is a greater offense to steal men's labor, than their clothes"
  32. A bit twisted. by halftrack · · Score: 2, Insightful

    This site and this guy claims to support free speach. But - being somewhat of an anarchist - he forgets that free speach doesn't mean that everything everyone says about anything to anybody should be free and up for grabs. Cracking is never right, nor is breaking the law. But then again, he's an anarchist who will go to jail for his acts, not his thoughts/belives. like he claims he will.

    Regarding the FBI raid, they must be high on something themself. 2 officers with handguns and a solid kick on the door would probably have been more appropriate.

    --
    Look a monkey!
    1. Re:A bit twisted. by mikera · · Score: 2

      Hey, calm down. Was just playing the Devil's Advocate and all that. No need to go Ad Hominem on me.

      The point was that illegal activities *can* be justified in a general sense. That may or may not apply in this particular case, and I wasn't making any particular judgment on that issue.

      I was highlighting the fact that saying "illegal implies wrong" is a weak argument, and that you must take the wider context of the situation into account, and argue those issues rather than the legalities.

  33. Re:Seems ok by the+Man+in+Black · · Score: 2, Interesting

    If the site was about peaceful protest, eg marches and sit-ins then I'd have a problem with it being shut down. But it wasnt about peaceful protest from what I can gather. So I beleive the investigation is fully justified.

    The hypocritical sheep mentality on this site is really beginning to piss me off. We're up in arms about a software company abusing it's monopolistic status, we shout from the heavens about our so-called righte being taken away. But who does anything about it? Who says anything? Who does anything but bitch on this website?

    This 18-year old kid got into some political literature and posted a website detailing his views on what the US government is doing both domestically and internationally to create to the best of their ability a global imperialism. Maybe you agree with his methods, maybe you don't. But it is his constitutional right to express his views in whatever way he deems appropriate. It is not the Government's right to say "Peaceful, organized protest is OK, but anything else (like posting a call to action website) is illegal and we will kick in your door with machine guns and drag you out of your house." Give me a break. To equate domestic political disagreement with terrorism sounds more like Communist China (Tienamen Square, anyone?) than the United States. I think all of us have forgotten why this country was founded in the first place:

    "all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness...to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed....whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.


    E-mail me, don't hide behind moderation!

  34. Guns are not safe wepons by speculums · · Score: 2, Insightful

    I remember something that David Dellinger (peace activist since WW II) said on the topic of weapons and activism. Essentially the army is way to well armed to confront in an armed fashion. Possesion of weapons will only give one a false sense of power and leave one ripe for arrest or extermination. According to what he said, the FBI would actually try to get activists interested in weapons in order to have something to come down on them on. Kinda like the big guy who can kick your ass as soon as he goads you into taking the first punch.

    Its almost as if armed drug dealers run this country and try to control us with the things they do best. Anyone know if this years Afghan smack has made it to the US yet. I'll bet its gonna get real cheap soon.

    --
    Vivez sans temps mort
  35. There is no such thing as overkill. by Jack_of_Hearts · · Score: 3, Informative

    Law enforcement agencies will always bring an incredible excess of force down on a potentially hostile target in order to apprehend him. This is done to ensure the safety of both the target and the officers involved. If the target thinks that he has no chance to defend himself, then he will usually give up without a fight. Personally, I think that this, and anything else that protects our officers, is a damn good idea.

    1. Re:There is no such thing as overkill. by markmoss · · Score: 2

      There is a difference between using enough force to safely apprehend a suspect and using far more than is needed to show off or as extra-judicial punishment. In my experience, someone like this kid is all talk and no action. I have known a few _really_ dangerous men; they don't brag, they don't make extravagant threats, and most of all they don't go around telling others how to be dangerous.

      If the FBI really thought this kid might be making bombs in his house, they would not have gone there -- they might have tripped over something and blown up the neighborhood, or if the kid was really nuts he might have pushed the detonator when he saw the SWAT team surrounding his house. They would have waited until he was away from his home and couldn't be carrying an arsenal.

      Of course, since this kid thinks hacking private websites comes under freedom of speech, he needs some serious correction. But that should come after the trial, not by stormtroopers crashing into his home...

  36. Kuro5hin.org by Forager · · Score: 2, Informative

    This story was front page on k5 a few days ago; I only post this notice because there was some interesting commentary along the lines of what we're already seeing here now. You might want to surf over there and see what the folks at k5 have been saying.

    http://www.kuro5hin.org/story/2002/1/26/112847/742

    Cheers,
    -Aaron.

    --
    student of animation and the fine arts
    1. Re:Kuro5hin.org by irix · · Score: 2
      because there was some interesting commentary along the lines of what we're already seeing here now

      Au contraire. The commentary over at K5 on this story is mostly sympathy for the loser that runs (or should I say ran) this website.

      That is what I hate about K5. The extreme left has taken over that place - the stuff getting posted to the front page might actually be interesting, but it is all written with a such a "anti-American leftist teenager with an axe to grind" spin on it it makes me sick.

      The K5 cabal can laugh at slashdot all they want, but we are getting a much more reasoned look at this story over here than you would ever see on K5.

      --

      Do you even know anything about perl? -- AC Replying to Tom Christiansen post.
  37. Re:That was an "arrest"!? by elefantstn · · Score: 2

    When said teenager is publishing bomb-making materials, attacking government websites, and advocating the violent overthrow of the US government, I don't just send two officers to his door.

    I really really don't think it's worth the sacrifice of a couple lives to prove that the FBI is kind and gentle. They had no idea what they were getting into; the fact that in retrospect he's just a whiny momma's boy with no conviction to back up his bullshit doesn't mean the FBI should not have taken precatuions.

    --
    If it ain't broke, you need more software.
  38. Re:Bombmaking by Tackhead · · Score: 2
    > How is this any different from the already-established right of some wackjob or another to publish the Anarchist's Cookbook? Is it OK to publish bomb-making instructions on paper, but not on the web?

    As you pointed out later in your post - he also defaced websites and distributed DDoS tools. That's what he's going down for. Americans are quite free to publish the Anarchist's Cookbook, Mein Kampf, or Das Kapital on their own websites.

    The right to swing your fist ends at the nose of the guy you're swingin' it at. Similarly, this skript kiddie's right to raise his fist ends at the router separating his network from the rest of the world.

  39. Re:That was an "arrest"!? by Xerithane · · Score: 2

    Amen to that. If I was in charge of an operation to go after someone with anti-government messages including those talking about new world orders and overthrowing the government (reference: his defaced websites) it would be done the same way.

    Fuck kind and gentle. The kid is a criminal. Gang leaders carry pistols. Militant psychos make bombs.

    --
    Dacels Jewelers can't be trusted.
  40. I don't know... by Da+VinMan · · Score: 2

    Actually, I was quoting something I read on the site that may or may not be true. IANAL and all that. Let us know when you find it.

    BTW - There are other laws against publishing materials that clearly do not (according to the courts violate) the 1st amendment. How else do corporate trade secrets and national top-secret materials avoid getting published? Yeah, that's an obvious case, but it just points out that the 1st amendment is not an absolute, despite what every ignoramus who doesn't know any better will tell you.

    --
    Please mod this post only if you think others should/n't read this. I have enough ego^H^H^Hkarma. Thanks!
    1. Re:I don't know... by Prior+Restraint · · Score: 2

      How else do corporate trade secrets and national top-secret materials avoid getting published?

      I can't speak to state secrets, but with trade secrets, I think you're misunderstanding the law (IANAL). Basically, what happens is that you enter into a voluntary agreement whereby you give up your right to speak in order to have access to those secrets. Breaking this agreement opens you up to civil liability (i.e., you get sued for breach of contract), but you aren't going to do any hard time for it. Similarly, if you were told the trade secret by a third party, you're free and clear to repeat it if you so choose. Remember: the first amendment is only designed to protect you from the government.

  41. Re:oooh .... by Snowfox · · Score: 2
    I'm not sure I would say that nailing a challenge to the Catholic Church on a church door equal to posting Anti-Government agenda on commerical websites, planting software and advocating violence.

    Why not? The government and big business are every bit the manipulation machines that the old church was.

    As a whole, the population is every bit as naive and/or fearful of government and big companies as they were of the old church. The penalties for either action are on the same scale, and the motivations are both for the good of the common man.

    I won't say he's a saint, but then again -- neither were Luther nor the US' founding fathers saints, and all were very much in his position.

  42. Re:Seems ok by RazzleFrog · · Score: 2, Insightful

    It is not the Government's right to say "Peaceful, organized protest is OK, but anything else (like posting a call to action website) is illegal

    You know what - according to the Constitution it is:

    First Amendment:

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

  43. Hmm. by smack_attack · · Score: 2

    This is an article where my sig speaks for itself.

    1. Re:Hmm. by Rasta+Prefect · · Score: 2

      Dangerous to be right when the government is wrong? What freaking danger are you talking about? The kid had his equipment seized as evidence(which it is) and was questioned for six hours. The stupid little punk isn't even in jail, they didn't beat the crap out of him. Yeah, they had a lot of people with guns. If I were raiding the house of someone who had a web site full of bomb making instructions exhorting people to kill people like me, I might want a gun and some body armour too, ya know? If they'd gone in with a couple of guys and he'd answered the door with an M-16 and a Fragmentation grenade, the conversation would be about how stupid the cops were. The show of force was warranted for somebody who committed a crime. Theres no story here, move along.

      --
      Why?
    2. Re:Hmm. by smack_attack · · Score: 2

      They had surveillance on the guy for 6+ months. Using so much firepower was to scare the guy into silence. What crime are you referring to? Hacking into someone's site and defacing it? Having a pro-militant/pro-anarchist website? Having information on how to build super secret pipe bombs on his website? Speaking out against the government?

      Don't delude yourself into thinking this was warranted for any of those reasons. Somewhere along the chain of command, someone though it would be a good approach to bust down the door, pointing guns at people's heads while they zip-tie their hands behind their back, ransack their house and take all of his equipment.

      Because he has some different political view that was deemed as detrimental to the status quo.

      There is a story here, you are just choosing to ignore it.

    3. Re:Hmm. by Rasta+Prefect · · Score: 2

      What crime am I referring to? Hmmm, yeah, I think it was the one where he hacked other peoples web sites, defaced the, and then left behind CGI scripts to DDoS systems belonging to the US Government. Thats a crime, the kid is being investigated for it. End of story. Yeah, they took his web site. Heres a clue - don't do stupid, juvenile things that you know are illegal if you don't want the feds to take your stuff. If you're gonna use your computers to commit crimes, THEY"RE EVIDENCE AND WILL BE SEIZED IN A RAID. I WANT the feds to sieze equipment from stupid little script kiddies - Idiots running DDoS attacks ruin things for everyone, chewing through peoples bandwidth and depriving others of their freedom of speech by driving them off the network.

      Yeah, they did go in with a lots of firepower. Heres a clue for you - Cops always bring more firepower than they need. Is it done for intimidation value? Yes. The idea is to keep people from getting the idea that they can win a firefight. If they get that idea, people die. So, such incredible danger. They took his stuff, questioned him for and few hours, and let him go. Ooh, my, what a horrible repressive government. I bet they didn't even hurt so much as a hair on his stupid little punk head - if they had, IndyMedia would undoubtably have reported it as the beating of the century.
      I'm not the one whos delusional here - Everything they did, from questioning, to taking his equipment, to the number of guys they brought along was perfectly justified by the situation. There are thousands of these web sites around. One of them gets shut down because the owner is a stupid script kiddy so automatically the Federal government is this horrible repressive monster. When you start getting shut down for what you're saying, you've got a legitimate case. In the mean time try and behave like adults and maybe people will take you a little more seriously.

      --
      Why?
    4. Re:Hmm. by smack_attack · · Score: 2

      He was a script kiddie, I agree with you on that. However the manner still sounds suspicious, I'll give you the argument about the firepower because they wanted to intimidate. As I had noted before, someone obviously made the judgment call to bring in SWAT gear and a door banger. After all, script kiddies are dangerous, especially when they have a copy of the Anarchists Cookbook or bomb-making material on their website. Heck, not only that but he had a potically inciteful website, and he was hacking sites to advertise that site. And he Ddos-ed some government sites as well, very criminal. So you understand, you are correct in your assertation that he is dangerous.

      Now, what I fail to understand, this script kiddie with a politically charged website which contains literature on constructing bombs, what I can't quite wrap my head around is why he's not in jail?

      I mean, he's obviously a dnagerous person and not fit to be part of society. A simple interview and seizure of property? What kind of punishment is that? He should be behind bars. He had illegal bomb making literature and had admittedly hacked and Ddos-ed government servers? So if making a case against this kid and putting him in an orange jumpsuit is not the motive of the FBI then why go through all this trouble? </sarcasm>

  44. Amusing quote by Sloppy · · Score: 4, Troll

    "People can rant and rave on the Internet all they want, but when they cross the line of calling people to action to violently overthrow the Constitution of the United States, they have a problem," said McLaughlin.

    Looks like the FBI will be raiding the federal government next, then.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:Amusing quote by Sabriel · · Score: 2
      Yeah, I was wondering who else had caught that little difference. From the newsbytes article:

      "People can rant and rave on the Internet all they want, but when they cross the line of calling people to action to violently overthrow the Constitution of the United States, they have a problem," said McLaughlin.
      ...
      The defacements contain white and red text on a black background, with the title "Hacked by the UCA - Underground Confidential Association" and a verbose screed about overthrowing the government and building a "New World Order."
      Forgive an ignorant aussie, but I'm under the impression that "The Government" is NOT the same as "The Constitution". That whole bit about the sacred duty of the US citizenry to overthrow an unconstitutional govt and all, um, right?
  45. it does matter by Pope · · Score: 5, Insightful

    Well, OK, I think it matters.
    There are lots of articles on Slash about different countries taking away their citizens' rights, based on the assumption that if some information's on the net it's far more dangerous than if it's simply in print.

    This is a tech-savvy activist, using the internet as his tool to get his message out to the world. Bravo.

    However he crossed the line a number of times by hacking other machines, using a pretty lame-ass excuse: "I had to get my message out!" Sure, Charlie, I have a feeling you're preaching to the converted.

    I had an argument with a coworker last summer during the WTO conference (or was it G8? I can't remember). An anti-corporate web site was giving out information and software to stage a "virtual sit-in" to protest against companies involved. Basically, they were advocating a gigantic DDOS against a certain few companies, including Cisco, one of our clients.

    He thought it was cool, I thought the entire thing was 100% lame: WTF do they hope to accomplish my not letting me do my work? Are they somehow more important than me? Does their "message" get out by DDOSing a few companies? No. They'd be better off by actually writing letter to the companies they hate, but of course, that takes actual time and effort. It takes little to download someone else's work (the DDOS programs) and run it, then go back to whatever you were doing, thinking you've accomplished some great blow for democracy.

    I don't buy it one bit: it's lame, far too easy and cowardly.

    So I propsed that on the date and time they went to put up their links page to all the DDOS software, we hit THEM first, in a pre-emptive strike, just to give 'em a taste of their own medicine and see how much they like. But we didn't. I would have had a good laugh though, I just didn't want to sink to their chickenshit level.

    Ah well. I'm glad this guy got arrested for his hacking crimes, I just hope they don't pull a Mitnick and give him his fair chance. Doubt it.

    --
    It doesn't mean much now, it's built for the future.
  46. Re:Seems ok by the+Man+in+Black · · Score: 2

    I agree.

    My point was this country was founded by the oppressed of another country who tookit upon themselves to take their freedom and a new land because peaceful protest simply wasn't working.

    It is hypocritical to not see the parallel in the oppressed of this modern land of the "free".

    I'm not seeking justification, only understanding of what was going through this kid's head.

    E-mail me, don't hide behind moderation!

  47. The "Geek Bar" by Da+VinMan · · Score: 2

    There's a difference between publishing chemical formulas that take education to read vs. publishing bomb construction instructions. As a chemist you might know that "if I mix this and this, then light this, and run away, it will go boom". And you would know that because of your hard won knowledge. Telling every joe on the street how to do that though, would be obviously unwise.

    So, why don't all the violent types just go get educated and then make things boom? Well, they could. But in the process of becoming educated, your viewpoints tend to get tempered. You're not as likely to abuse your knowledge because you're probably more understanding, and because you've now got more to lose (since education typically = better future).

    That then, is the "geek bar". There is a bar of entry; a standard; an initiation; a price of admission. Call it what you want. The fact is that if you are given technology without having the means to understand it well enough to control it, then you probably shouldn't have it in the first place.

    So, I'll maintain that chemistry experiments/literature is a good thing as it leads one to the path of the prerequisite knowledge required for responsible action. However, is a bomb cookbook OK? I don't think so.

    --
    Please mod this post only if you think others should/n't read this. I have enough ego^H^H^Hkarma. Thanks!
    1. Re:The "Geek Bar" by Da+VinMan · · Score: 2

      I'll buy that. But do I have to get my "gee whiz" factor from something that goes "boom!" ?

      Nyah...

      Anyway, it only takes one gee whiz item to hook a kid. There must be dozens of things kids can get the gee whiz factor from without it becoming a potential weapon.

      --
      Please mod this post only if you think others should/n't read this. I have enough ego^H^H^Hkarma. Thanks!
  48. Re:Seems ok by DShor · · Score: 2, Insightful

    Do you seriously think that hacking other people's sites and inciting people to violence is covered under the first amendment? The amendment no longer applies once you start affecting the rights of others. Hacking web sites is illegal since it affects the owners rights. Incitement is illegal since it affects the rights of the victims of the resulting violence.

    What this guy did was illegal, whatever you feel about the bomb recipe. You cannot do what he did and blame an oppresive government for noticing. What if your child blew himself or another family member up because they saw this cool bomb recipe on the web? Would you be so pro his first amendment rights then? Would you say he was innocent? How about if he was responsible for killing a family member through incitement, would you not want to see him hang?

    I don't think that the government is perfect, far from it in fact. I think that the government tries to go too far in controling web content, but when it comes to something like this, I'm all for it. Be realistic.

    --


    Why is it that people always hear what I say, and not what I mean?
  49. Re:Seems ok by CrazyBrett · · Score: 2

    He's not being punished because of his views or because of the strong ideas on his website (at least he'd better not be... never can tell what the real motive is). He's being punished because he cracked several corporate and government web sites.

    Yes, it is "the Right of the People to alter or abolish [the government]", but it is not "the Right of Each Individual Person" to do it. And even if it were, hacking into corporate and government web sites is not an appropriate or effective way of trying to alter the government... it's akin to trying to alter the government by breaking into a senator's house and smashing his fine china.

    Had this guy not used such destructive methods, it would have been outrageous for the government to try to arrest him based solely on the views expressed on his web page. However, since he decided to deface web pages, they've got legitimate beef with him.

  50. HE HACKED OUR SITE! by tcd004 · · Score: 4, Informative

    Yes, i've got his troop.cgi program tucked away on my hard drive. On december 26th of 1999 he hacked our website ( http://www.foreignpolicy.com) and posted this page:

    http://www.foreignpolicy.com/12HOME.HTML

    I imagine that troop.cgi progam is sitting on more than 3 webservers out there.

    1. Re:HE HACKED OUR SITE! by clarkgoble · · Score: 3, Interesting

      Actually that is pretty funny. (The web site, not the vandalism) This guy isn't protesting an oppressive government. This guy is unable to distinguish the difference between the real world and the X-files. As soon as someone protesting the government starts mentioning UFOs and the Illuminati then you know the guy isn't playing with a full deck.

    2. Re:HE HACKED OUR SITE! by mpe · · Score: 2

      There's a classic rule that scientists use, "Extraordinary claims require extraordinary evidence." Conspiracy theorists believe in the opposite of that one. The wilder the claim, the less evidence needed.

      The problem is that you don't just see wild claims from conspiracy theorists. There are more than a few cases of such claims being official versions of events...

  51. something to think about by geekoid · · Score: 2

    Ok, he defaced web site, he should certianly get punished fairly.
    So, will his punishment be greater because of what he said, then if he just defaced web sites?
    If not, we have a problem.

    His attitude seems a little whiny, which is never the best way to comunicate your message. Sometime illegal activity is the only way to stop an opressive government. tea party come to mind. If you get caught, be a man about it.

    Bomb making direction have been protected before, and they should. I have a copy of the anarchist cookbook. It hsa drug, bomb, and social engineering tips. I recommend reading it for an instite into the 60/70 anti-establishment movement.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  52. The real reason they arrested him by darien · · Score: 4, Funny

    From the Newsbytes story: "In the interview, Austin said he did not write the bomb instructions but instead copied the pages from another site."

    Never mind incitement to violence - this guy's a copyright violator! Let him fry, I say.

  53. Thoreau vs. this moron by gdyas · · Score: 4, Funny

    Thoreau, in Civil Disobediance, explained that philosophically it's right to disobey what you honestly feel is an unjust law. In doing so though, one needs to be willing to accept society's punishment for its violation.

    In comparison, doesn't this whiny punk who's spent too much time in the 2600/Mother Jones/High Times section of the magazine rack seem a little lacking? No matter though. I'm sure his bunkmates in Leavenworth will show him the meaning of passive resistance.

    --

    The only tool you've got against psychosis is experience.

    1. Re:Thoreau vs. this moron by gdyas · · Score: 2

      Let me guess: this is about the 15th time today you've been completely offended by something you've read on the net?

      Bite me.

      --

      The only tool you've got against psychosis is experience.

    2. Re:Thoreau vs. this moron by lkaos · · Score: 2

      No, that is not exactly correct. What Thoreau said was:

      "If the injustice is part of the necessary friction of the machine of government let it go, let it go; perchance it will wear smooth, certainly it will wear out. If the injustice has a pully, or a crank, or a spring, or a rope exclusively for itself, perhaps you may consider whether the remedy is a worse evil. But if it is of such a nature that it requires you to be the agent of injustice to another then I say break the law. Let your life be a counter friction to stop the machine. What I must do is to see, at any rate, that I do not lend myself to the wrong which I condemn.

      The _only_ time it is morally justified to break the law is if the law forces you to go against your own morals, not simply if you disagree with it. If he refused to pay his taxes because the money was being spent on something he felt was causing harm to another, then he would be morally justified in breaking the law by not paying taxes.

      Breaking an unjust law may not be morally justified if breaking the law causes harm to your neighbor. For example, I may not think that the tax system is just but it would not be morally sound for me to break it because breaking it would cause general social disorder. This causes more harm to society than the unjust law.

      Also, since we're on the subject anyway, I'd like to throw in another Thoreau quote:

      "I ask not at once for no-government, but for all at once a better government."

      It's one thing to promote reform within your government through civil disobediance but an entirely different thing to use the guise of civil disobediance in attempt to do away with government.

      I have yet to read of any philosopher who prescribes to a truely idealistic view of human nature in which no government would result in totally harmony (i.e. Utopia).

      It's also important to note that an Anarchist does not typically believe in no-government, rather he would not believe in the legitimacy of government. Because of this, he would not immediately obey government and instead, would use his own moral judgement before plainly obeying.

      To use Thoreau's own words, he would recognize the right of government but just not pay government full respect. In Thoreau's case, he only paid full respect to divine law. In fact, Thoreau wrote that people should, "be men first, and then Americans."

      In fact, if Germany was full of anarchists, Hilter would not have gained power because the people would have acted in autonomy and not have followed Hilter just because he was in charge.

      Likewise, if the USSR really followed true Communism, everyone in Russia today would be prosperous and happy.

      --
      int func(int a);
      func((b += 3, b));
    3. Re:Thoreau vs. this moron by gdyas · · Score: 2

      You're right of course, but I wan't going to bother going into what constitutes existential morality, etc. to make a general point about the difference between this putz & a real anti-establishment protest.

      --

      The only tool you've got against psychosis is experience.

    4. Re:Thoreau vs. this moron by lkaos · · Score: 2

      I do not know who said it, but I think it goes, "Let the animals destroy themselves."

      I have _very_ little sympathy for any person who is justly* imprisoned for commiting a serious** crime and then is abused by his fellow inmates.

      * I grow very tired of people complaining about the few exceptions when justice goes bad. By that reasoning, we should let everyone out of jail unless there is absolute 100% proof of guilt.

      ** Violent offenders tend to get grouped together so it is safe to assume that it is more likely that someone convicted of a lesser crime is less likely to be the victim of inmate violence.

      --
      int func(int a);
      func((b += 3, b));
    5. Re:Thoreau vs. this moron by Kupek · · Score: 2

      Read Declarations of Independence by Howard Zinn for a counter to the notion that we should concede to punishment meted out by institutions we oppose.

  54. Re:Feel Sorry for the Guy?? by Tackhead · · Score: 2
    > Heck no, I say let him take his anarchist thoughts to prison and see how many guys doing over a nickel of time feel. *I think he will get his butt kicked every freaking day* in prison!!* (just for being a wus)

    ...huh? He'll have his butt "kicked"?

    Lemme get this straight. You throw him into the cell with Bubba he says "Raise the fist, brother! Raise the fist!"

    I can think of a lot four-letter verbs that'll describe what happens to his butt that evening. "Kick" isn't one of 'em.

    (Ah, if only all skr1pt k1ddi3z could meet the same fate ;-)

  55. Why are we even discussing this? by bobdehnhardt · · Score: 3, Insightful

    From reading the articles, this guy was engaged in illegal activities (by his own admission), was caught, arrested, and is awaiting trial. So why are we even discussing it?

    This guy is no Sklyarov, arrested in the US for actions he performed legally elsewhere (sort of like legally visiting a prostitute in Nevada, and getting arrested for it in New York). What he did was illegal, he knew it, he admitted it.

    End of story, to my mind.

  56. Re:Seems ok by the+Man+in+Black · · Score: 2

    I agree with everthing you said, and I applaud you not being inflammatory in trying to say it.

    I agree that web site hacking is neither appropriate nor effective. I agree that he should be punished.

    Where I disagree is the government swooping in on him like stormtroopers, seizing his goods and ransacking his home with no rigard to his personal rights and safeties. 8 hours of interrogation without a lawyer present? Blatantly illegal Gestapo tactics.

    Had the FBI pulled up to his house, read him his rights, and taken him away, you wouldn't be hearing from me on this site.

    But because of these tactics, the government is further backing exactly what Raisethefist.com was attempting to illuminate the rest of us about.

    E-mail me, don't hide behind moderation!

  57. Lets not forget by Pinball+Wizard · · Score: 5, Troll
    Yeah, yeah, this guy broke into websites and should be punished. However, way too many people seem to be forgetting a couple of things.


    1 - The right of the people to overthrow their government when it fails to meet their needs is written in the Declaration of Independence:

    Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government


    It is expressly Patriotic according to our countries founding document to overthrow the government should it become tyrannical.


    2 - we have this little thing called freedom of speech. There is no law prohibiting the dissemination of bomb making information. If that is a crime, I guess Amazon.com is a terrorist organization:


    Poor Man's James Bond


    Anarchist's Cookbook


    Home Workshop Explosives


    I suggest we keep these things in mind as we continue to hunt down terrorists. Its important not to forget the freedoms that make this country worth fighting for.

    --

    No, Thursday's out. How about never - is never good for you?

    1. Re:Lets not forget by Rhone · · Score: 3, Insightful

      The right of the people to overthrow their government when it fails to meet their needs is written in the Declaration of Independence

      and..

      Its important not to forget the freedoms that make this country worth fighting for.

      One of those important freedoms is the right to vote for who will represent us in the government. One of the most important causes of the American Revolution is that the American colonies had no representation in Parliament. We can't make that claim about the current American government.

      As bad as our government might be, it is still composed of people who are chosen by a majority of Americans. Sure, we might be given some shitty options to choose from, and those of us who are intellectual might be outnumbered by the ignorant masses who fall in love with guys like George W. Bush, but the fact remains: The members of our government are there because a majority of the country chose them to be.

      But who voted for all these militia groups and anarchist groups who want to violently overthrow the government? How many people want them to succeed? Which one should succeed, if any? How free would the country be if they succeeded? Would the leaders of these groups let the country vote on a new leader every few years? And what happens after the revolution, anyway? It's not like all the wannabe-revolutionary groups agree with each other, so there would just be more revolutions--and they'd all be justified, by your argument--as each group takes it's turn trying to establish its own ideology.

      How free are people under that situation?

      Anyway, I'm not even going to touch on the craziness of expecting a government to say "Yeah, people have the right to overthrow us. Go ahead." ;)

    2. Re:Lets not forget by Platinum+Dragon · · Score: 2

      2 - we have this little thing called freedom of speech. There is no law prohibiting the dissemination of bomb making information. If that is a crime, I guess Amazon.com is a terrorist organization:

      In fact, that's exactly what the LA Weekly arrticle says the PATRIOT Act does - makes the dissemination of bombmaking information on the Internet illegal.

      I'm not one for violent overthrow, only self-defense, but the weapons-making info should be protected under Amendment 1. I've sometimes been interested in weapons and how to construct them, just for the sake of knowing how to do it and how they work. Mind you, some of the stuff in the Reclaim Guide was apparently more Anarchist Cookbook-like than anything else (and, as someone who identifies with anarchist ideals of freedom, direct democracy, and decentralized authority, I hate typing that book's name), but there was other information - how to make shields, group demonstration tactics, a discussion of what a black bloc is and isn't, etc. Quite frankly, the WTC attack should show that hiding all the weapons-making info in the world won't stop someone determined to destroy stuff. Amendment 1 makes no caveats like "except information that could be used to destroy stuff." The assumption within is that people will be taught to use information responsibly, even so-called dangerous information.

      Now, cracking machines, that was stupid, although it explains the "computer fraud and abuse" charge that confused a few of us discussing the raid early on.

      I think I visited raisethefist.com once out of curiosity, but really didn't check out the content until the raid went down. It's more hotheaded and aggressive than some other anarchist and activist sites I can think of. He was a hotheaded kid. Be disappointed with his cracking of machines used by others (that violates "the right to swing your fist ends at my nose"), but defend his right to speak about subjects the government would rather people be unaware about, even if "for their own good."

      About the "overthrowing the Constitution" claim... here's Google's cache of raisethefist, limited to the occurences of the word "constitution." Overthrowing the government is not necessarily overthrowing the Constitution, especially if that government routinely violates that same Constitution and takes no responsbility for those violations.

      --

      Someday, you're going to die. Get over it.
    3. Re:Lets not forget by throx · · Score: 2

      The right of the people to overthrow their government when it fails to meet their needs is written in the Declaration of Independence

      You seem to forget that the Declaration of Independence has no legal standing. It's an impressive document but means jack squat when it comes to court.

      we have this little thing called freedom of speech

      Freedom of speech does not refer to the dissemination of technical information (see the DeCSS case). Speech must have some artistic content which a simple recipe does not have.

      --

      Fear: When you see B8 00 4C CD 21 and know what it means

    4. Re:Lets not forget by mpe · · Score: 2

      One of those important freedoms is the right to vote for who will represent us in the government. One of the most important causes of the American Revolution is that the American colonies had no representation in Parliament. We can't make that claim about the current American government.

      Simply having a "vote" does not imply "representation". Soviet Russia had "election", Zimbabwe is planning to have some soon. Another problem is that it is much harder to make the counting of ballots by machine transparent than with counting by hand. In the latter situation you simply have representatives of all candidates watching the count...

      As bad as our government might be, it is still composed of people who are chosen by a majority of Americans.

      IIRC The US congress is elected by a "first past the post" method. Which elects based on the largest minority of votes actually cast. Not everyone votes, indeed the largest number of people can easily be those not voting for one reason or another.

  58. Re:Seems ok by the+Man+in+Black · · Score: 2

    Speaking as a Sysadmin, I would agree to your defacement == stolen/damaged argument. Excellent point.

    I also agree about the SWAT team being called for "some guy with detailed bombing instructions that advocates the violent overthrow of the government". I qualify that by saying if this was a person with some kind of criminal past or any reason other than just politcal dissent to raid his house. Government dissent is at the heart of most Universities, and bomb-making instructions are just a Google search away. Will we start seeing black helicopters on campus now? Will we be OK with it then?

    Keep in mind that this is an 18-year old kid. 18 is that time when your ideaology has yet to be tempered with the fire os real world experience.

    E-mail me! Don't hide behind moderation!

  59. uh, article says he's 18 by Dr.+Awktagon · · Score: 2

    I think it's okay to live at home if you're 18.

    1. Re:uh, article says he's 18 by edremy · · Score: 2

      I think it's okay to live at home if you're 18.

      Why? He's old enough to hold a job, get married, buy a house, join the army and any of a hundred other things actual adults do rather than live in their parent's basement, eat their parents food and use their parent's electricity to write screeds about overthrowing the government because it oppresses the man.

      Living at home makes it ok for those of us with real jobs and lives to laugh at his silly "1'm 50 3133t cause I'm a terrorist" ass.

      The stupid idiot has lived his entire life sponging off the teat of mommy and daddy. His opinions are those of a child: he's never experienced anything else. Hopefully he'll learn a new form of sponging, bending over a few prison toilets.

      --
      "Seven Deadly Sins? I thought it was a to-do list!"
    2. Re:uh, article says he's 18 by edremy · · Score: 2

      he lives in LA where rent is outrageous. living with your mommy is a good idea when you're 18 and in LA.


      I've lived in LA- there's plenty of places that are really, really cheap to live.

      Oh, they're also really, really dangerous. [1] I thought he was the big bad anarchist- wouldn't
      want any police to take away his freedoms now, would he?

      Welcome to anarchy: the guys with the biggest guns and meanest tempers rule

      [1] While we were there a murder/arson occured 25 feet from where my wife and I slept.
      Kind of makes you worry sometimes.

      Eric

      --
      "Seven Deadly Sins? I thought it was a to-do list!"
  60. My advice to this kid..... by Sarcasmooo! · · Score: 2

    ...would be to shut up and get a lawyer. I'm not taking his side, but it doesn't even seem like he understands what he's gotten himself into. He's gonna dig himself into a real long prison term by being just a little to immature and impressionable.

  61. OMG he is such a threat to us!!! by copponex · · Score: 2, Insightful

    Yeah, they caught some kid who doesn't like the government. He defaced websites and installed a (probably unworking) cgi script to log into a government site. Go get'em cowboys! Take all his computers, and make an example of him.

    Meanwhile, REAL terrorists plot to REALLY blow shit up. And guess what - they don't fucking RUN anarchist web sites. They're smarter than that, and obviously smarter than US intelligence. OBL is on the loose. Omar is on the loose. Yeah, lock some fucking geek up, and take away his web presence. That makes me feel safer.

    -Dean

  62. Re:Seems ok by geekoid · · Score: 2

    Where I disagree is the government swooping in on him like stormtroopers, seizing his goods and ransacking his home with no rigard to his personal rights and safeties. 8 hours of interrogation without a lawyer present? Blatantly illegal Gestapo tactics.

    Considering they where arresting someone who was advocating overthrowing the government, publishing bomb making instructions, and posting scripts to attack military computers, I would call it justified to be that prepared.
    However so much as asking one question without a lawyer is outrages in the extreme.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  63. Monkeys, Mice and George Bush by Dethboy · · Score: 2, Funny

    Somehow I found it funny this article is right under the monkey/mouse/mind control article?

    Maybe now George can get on the net now and see what all these 'terrorist' sites are all about.

  64. What bomb-making info? by Animats · · Score: 4, Troll
    In December, 2001, raisethefist.com read:
    • Let's get this straight:

      A president we did not elect, heading a government bought off by corporations, arrogantly and agressively pushes a pro-corporate domestic agenda and foreign policy. Now over 6,000 people are dead and he say's we're at "war", fighting secret battles against unknown enemies, and he wants everyone to be "patriots" by forsaking our civil liberties and going "shopping".

    One may or may not agree, but that's a reasonable political statement.

    I don't see anything about bomb-making in the copies of his site at archive.org. The archive isn't complete, because some of his pages are generated by CGI scripts, and the archive system doesn't try to archive dynamic content. But the visible content is straight political material.

    You can get bomb-making information from mainstream sources. Order Improvised Munitions from Amazon.com. That book is popular with the Christian right and the right-wing "militia" movement.

    1. Re:What bomb-making info? by Platinum+Dragon · · Score: 2

      This, I think, is the page that gave the feds their weapons charge.

      You're right, though; that information can be found in numerous other places on the Web, even through Amazon. The FBI obviously knew about the site defacements some time ago, since one of the charges the warrant was issued on was "computer fraud and abuse". I was confused about the reason for this charge until I found out about the defacements.

      The timing just seems a bit strange. He could have been nailed a long time ago just on the cracks and scripts. LA Weekly claims that disseminating bombmaking information over the Internet is now illegal under the PATRIOT Act, which to me is just reason to mirror the whole thing and keep the information out there. The information supposedly went up "not long ago"; the text of the Guide seems to indicate it went online somewhere not long before the antiwar protests in Washington, D.C. last September.

      I have a theory about why the site was raided now, but it sounds a bit paranoid; namely, there's this little protest thing going on in NYC this week, and police forces haven't been above infiltrating, raiding, and arresting people to collect evidence of "violent intentions" and "weapons" before the actual demonstration to justify use of force during the action, regardless of how aggressive the protesters really are. They also haven't been above confiscating numerous items during protests and displaying them as weapons afterward; in Ottawa last November, a boom microphone clearly marked with CTV's logo somehow made it into a police display of "illegal material" shown on TV, and one reporter pointed out his own gas mask in a related display. An acquaintance who I met while covering demonstrations in Toronto last October had her CDs confiscated by the police, and street medics regularly had their water and eye-flushing solutions poured out. At least one journalist was arrested for not consenting to a search of his camera bags, when he was clearly a photographer; illegal searches and confiscations were rampant.

      Cracking web sites was just plain stupid, but I don't entirely trust the intentions of the law enforcement agencies involved, either. And, quite frankly, the federal government of the U.S. has stomped on the Constitution so often that it has become words on a page, little more than legal terms to be weaseled around.

      Sherman was a hotheaded kid. The stuff he posted on his site came across more aggressively than some other anarchist sites I can think of, but his opinions on government and hierarchical power are held by a lot of people around the world, and every day more people come to see the government of the U.S. not as their representatives, but as their rulers. I think he shouldn't have cracked any sites, and he has to take responsibility for those acts, but his speech shouldn't be restricted. The First Amendment makes no caveats for "dangerous information," or even calls to overthrow (and don't make me break out the Founding Fathers to demonstrate this one). There were people who said the PATRIOT act was a clear abrogation of the Constitution in several respects, and I think the charge of distributing information on weapons construction, which apparently comes from the Act, demonstrates this. Otherwise, a few hundred other raids should be going down right about now. If the charge was slapped on Sherman because of the political views he expressed on his site, then to some extent, he is being prosecuted for his opinions, at least on charges related to bombmaking information. This doesn't excuse the defacements in the least; that's something that the government has gone after before the PATRIOT Act, regardless of political opinion. The selectivity of enforcement is what concerns me and others, and it's part of the reason I just don't trust power placed in the hands of a few, even if in theory the many selected them, because in practice Lord Acton's axiom about power and corruption kicks in regardless of how the few individuals in power got there.

      --

      Someday, you're going to die. Get over it.
  65. Re:Seems ok by Kaa · · Score: 2, Insightful

    Do you seriously think that hacking other people's sites and inciting people to violence is covered under the first amendment?

    First, no -- but I never claimed that. Second, it depends. You might want to keep in mind that the purpose of the First Amendment is to protect unpopular speech -- a web site devoted to making cookies doesn't really need consitutional protection.

    The amendment no longer applies once you start affecting the rights of others

    Not true in general. For example the free speech argument routinely trumps privacy rights for newsworthy events and/or people.

    What this guy did was illegal, whatever you feel about the bomb recipe

    I thought in the US the defendant was presumed innocent until found guilty by a court of law. You might at least have put an "IMHO" in there.

    What if your child blew himself or another family member up because they saw this cool bomb recipe on the web? Would you be so pro his first amendment rights then?

    Well, yes, actually I would. I may personally go and throttle the bastard, but that wouldn't change my position on the First Amendment one bit.

    I don't buy your "surrender your freedom to get some security" argument.

    Be realistic

    I am quite realistic. But we are not talking about what the government is likely to do or what you can expect to get away with. We are talking, basically about right and wrong. The connection between what's stupid to do and what's morally wrong is not always that simple.

    --

    Kaa
    Kaa's Law: In any sufficiently large group of people most are idiots.
  66. OK, this is disturbing by fm6 · · Score: 2
    First off, I'm not going to defend any of Austin's actions. He's your basic schoolyard radical: long on convoluted theories and self-righteousness; short on common sense and a sense of personal responsibility.

    That being said, I am really bothered by the specifics of this raid. If the Feds had real evidence that Austin was promoting terrorism, they should have arrested him. Instead, they used their "suspicions" to justify shutting down his web site. Which doesn't accomplish much, since there's no information on raisethefist.com that isn't widely available. I don't care for fertilizer bombs or web worms either, but censoring information about them is a lost cause.

    The nasty truth is that this action is part of a general strategy to shut down, at least temporarily, coordinating elements in the anti-globalization movement. This is something that becomes a priority every time there's an public event that might be targeted by the movement.

    This might not seem like a big deal. So some mentally challenged anarchists lose their web sites for a few days, so what? But that's only the tip of the iceberg. During previous episodes anybody possessing a communication device (including cell phones and PDAs) was subject to arrest.

    The whole strategy is based on the idea that law enforcement needs to interfere with civilian lines of communication. Austin and his crowd don't deserve much sympathy -- but the way in which the cops are targeting him is dangerous to all of us.

  67. Re:Seems ok by arkanes · · Score: 2
    I should point out that I agree that vandalism costs money and all that. It is and should be criminal. RL vandalism is a misdemeanor(sp?). What he did is a felony. Thats part of the injustice here. Bringing a SWAT team for the arrest? I can see it being justified, in the circumstances. Of course, perhaps some additional invesitagtion could have been done, established that the guy actually doesn't have any bombs or guns (is this true? no details) and then he could have been arrested peacefully.

    And, as above, it's NOT ILLEGAL to incite violence or circulate bomb information.

  68. Wrong. by rebelcool · · Score: 2
    The constitution is interpreted by the supreme court. There are numerous types of regulated speech.

    Best examples are obscene speech (different from 'indecent'..very difficult these days to call something obscene, most prosecutors won't bother, though some still attempt it), commercial speech (I cannot claim to create a miracle cure for everything), and speech which generates a clear and present danger to the safety of people. The best example of this is yelling fire in a crowded theatre. Slander and libel is another one (unless its politicians doing the slandering..then it's okay)

    I would not be surprised if disseminating detailed, credible instructions on bomb-making to those who have no need of such information became regulated under the clear and present danger standard. I'm not entirely convinced that it shouldn't be regulated either.

    --

    -

    1. Re:Wrong. by rebelcool · · Score: 2
      Wait wait, noone has said its illegal to say 'Down the the government'. That's not why the site was shut down. The site has numerous explosive recipes and some aspects of it advocated violence.

      The supreme court has the power to interpret, because that is their given power. It was first tested in Marbury vs. Madison.

      Mind you, the first amendment is just an amendment. It can be repealed even, by another amendment. That of course, is highly unlikely since getting an amendment passed is VERY hard and not a trivial exercise at all. The framers of the constitution were not fools. It was designed to let the country do what it wanted with its own law of the land, as future generations deemed necessary. The supreme court plays an important role by being indepedent of the politics of the times (mostly, anyway) since they are appointed for life and must pass congressional and executive review.

      There is always wiggle room, in any law, because its written in words. Words can be interpreted in a variety of ways. This is how the concept of Justice and Law come together.

      And justice, should never be flow-chart in nature, because the world is not one that works by a flow chart.

      --

      -

  69. Re:hacking sites, true, but... by j-beda · · Score: 2
    But if he was such a potential danger, would it not have been wise to gather some more intelligence on him before running the raid? It is not like they didn't know about him for quite some time before hand. Presumably that further information would have indicated how small a threat he was and would not have justified the expense in sending in all the troops.

    It seems clear to me that at least part of the motivation in the manner of the raid was to provide a large scare to the fellow. I do not know how comfortable I am with these types of intimidation tactics. I think it is good for the evil-drug lords and gang bangers to be afraid of the police - I am less happy with such fear being used as a tool to limit expressions of political dissent.

  70. Best quality info from government sources! by wytcld · · Score: 3, Funny

    Why go to amateurs when the US gov. will seel you top quality biowar instructions for fifteen bucks!

    --
    "with their freedom lost all virtue lose" - Milton
  71. Misreading by virg_mattes · · Score: 3, Interesting

    > I think YOU actually need to read some history, it certainly is okay to advocate violence.

    The rules of the Constitution do not apply to the Revolutionary War, since the Constitution did not exist at that time. Also, the Founding Fathers were considered terrorists and criminals by the then-in-power government, namely the English royalty. Lastly, neither the British monarchy nor the U.S. Constitution say it's okay to advocate violence, and both governments have criminalized it. It's just that there are parts of the Constitution that make it difficult for the U.S. government to eliminate the means for violent revolution so that if things got bad enough the people could revolt against the government again.

    Still, all of this is tangential to the original charge, which is defacing web sites, which he admitted. And, the punishment he's undergone so far was confiscation of his computers and documents and questioning for six hours. This is not only not extreme, it's not even all that severe. As to the raid, there's nothing that says the FBI can't show up at your house with a dozen tanks to make an arrest. They're just not allowed to use more force than is necessary to make the arrest safely. Since there's no mention that they shot up his house or used explosives to crack the door, I don't see anything out of line legally.

    Virg

  72. Drawn (and Quartered) Conclusions by virg_mattes · · Score: 2

    There's a grey area here. What the revelant parts of the site said was, in essence, "The government of this country needs to be overthrown violently. Here's how to build a bomb." Overly simplistic, I know, but it's not hard to see how a clear and present danger can be inferred from this. Whether that inference is too tenuous to be criminal has yet to be decided.

    Virg

  73. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  74. No defense, and that guy's wacked. by ctimes2 · · Score: 5, Insightful

    Seriously, c'mon.
    First, activists are not terrorists, and that kid's no activist. My brother-in-law is an activist {PETA} and his arguments are intelligent, well researched, more than reasonable, and effective. I haven't given up meat yet, but I've cut down on milk. Thus, someone is listening to him and he's effecting change. That is what activists do.

    RTF is nothing more than a dumb ass kid preaching to the disenfranchised (yeah, like that's tough). He has no real concept of anarchy, no understanding of WHY the world works the way it works (no matter how screwed up it gets), and no reasonable solution. So in effect, he's running his position on poor instinct and bad judgement. He effects no change because all he's trying to do is scare people into either buying his position or dying in the chaos of upheaval. I guess it never occured to him that most of the rest of us couldn't give a rats ass about what he thinks ("getting the message out"... what a load. Your message is out, and it sounds like a big steaming pile of crap. Now you're going to try and play the victim card & blame it on the government? Where do you come from?).

    Then, he's got the balls, audacidity or insanity to claim the agencies involved used a lot of hardware - no shit sherlock. You ran a website that advocated voilence, vandalism, and had BOMB making instructions on your site. Gangs are dangerous and have guns. You have politicol motivation, half a brain (1/2 more than most local gangs), and a dangerous message with instructions on how others can perform those acts too. Plus, you broke the LAW... you... IDIOT! You bet they're coming heavily armed.

    And by the way, the definition of terrorism is, and I quote "The unlawful use or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating or coercing societies or governments, often for ideological or political reasons". How 'bout that. You're a fledgling terrorist according to the very definition of the word. Good luck to him and for the FBI, keep up the good work.

    If any of you feel any sympathy for this guy, you need to evaluate whether or not that's because you agree with him or just hate the feds, because that's one *'d up kid. And I'll bet the thousands of other sites that host the same kind of information (anarchists cookbook, etc.) don't advocate or act upon an idiological soapbox, which is why this kid was nabbed.

    /rant. sorry.

    --
    My cube. My friend. My solace. My prison.
    1. Re:No defense, and that guy's wacked. by Nicolas+MONNET · · Score: 2

      My brother-in-law is an activist {PETA} and his arguments are intelligent, well researched, more than reasonable, and effective.

      "PETA" and "intelligent" in the same sentence? What a joke. PETA is a stupid cause for stupid people. PETA IS terrorism. They terrorize fur makers. Whether you like fur or not, same difference, PETA are terrorists.

    2. Re:No defense, and that guy's wacked. by Platinum+Dragon · · Score: 3, Interesting

      Advocating the violent overthrow of the state should not be illegal. To be sure raisethefist did that, but what all the quotes from the FBI spokespersons *say* he is being nabbed for is for publishing info on bomb-making. That is definitely NOT illegal. I've also seen reports that Sherman "anti" was engaged in cracking or site-defacement or something. If so then why haven't they charged him with that?

      Two things.

      1) Apparently, distributing information on constructing weapons over the Internet is now illegal under the PATRIOT Act. You don't actually have to build them, or even advocate building them (although the Reclaim guide was neutral on this point). Just publishing the info is good for a charge should the feds decide you're worth taking down.

      2) There was a "computer fraud and abuse" charge, and I think this is what the website defacement falls under. I can't defend attacks against sites or people; my aggressiveness ends at self-defense against an immediate attack.

      --

      Someday, you're going to die. Get over it.
    3. Re:No defense, and that guy's wacked. by kindbud · · Score: 2

      Why are you so upset at People for the Ethical Treatment of Airheads?

      --
      Edith Keeler Must Die
  75. who else like this? by ruzel · · Score: 2, Interesting

    I don't advocate criminal activity in the name of protest. Our gorvernment is a carefully built system that DOES allow for public protest and change.

    However, I don't entirely disagree with this guy's ideas. I don't like corporate control, don't like invasions of third world countries under certain guises and abhor inhumane treatment of any "citizen of the world". Does anyone here on slashdot know of an organization that tracks this kind of development and news but holds a less violent point of view?
    ______________

  76. Yeah, tell that to George Washington! by 2Bits · · Score: 2

    By ignoring the political route and espousing the virtues of a violent overthrow, you have now entered the realm of "terrorist" or "freedom fighter."

    Yeah, tell that to George Washington and companies, and those who participated in the Boston Tea Party.

    I'm not suggesting violence here, and somehow, people happily forget how this country was created. Maybe GW (the founder, not the current GW!) should have taken the political route, eh? And going to London to argue his point, maybe?

    The line between "freedom fighter" and "terrorist" is very fine, dude. History is written by the winner.

  77. Comment removed by account_deleted · · Score: 2

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  79. Re:The Anarchist's Cookbook ... by uqbar · · Score: 2

    My understanding is that this book was created with US Intelligence to help spread bad information to would be troublemakers. So it's a perfect example of this tactic in the pre-web era.

  80. Hands Up by UberOogie · · Score: 2
    Who is surprised that Michael posted this story?

    Put your hand down, Mr. Katz.

    --
    "Enough of this wretched, whining monkey life." -- Marcus Aurelius, _Meditations_, Book 9, 37
  81. Question of Scale by virg_mattes · · Score: 2

    I have to argue your idea of "updating" the Second Amendment. The original intent was to (among other things) prevent the government from getting into a position where no group, no matter how big, was able to overthrow an oppressive regime. This means that it comes down to a metter of scale. The problem with letting everybody own their own bomb is twofold: first, the destructive power of a bomb gives a single person an inordinate amount of power. For example, if I have a normal handgun or rifle, I could (with planning and luck) take out many people. That number, however, is nothing to the scale of how much damage I could do with even a modest truck bomb (witness OK city for evidence of that device's destructive force). Second, such weapons can't really be used defensively, except in a preemptive manner. If someone wants to blow me up, and the only weapon I have is a bomb, then I have to blow them up before they can do the same to me, even if I don't know that I'm in danger.

    So, there need to be limits on what "arms" means in the right to keep and bear arms, lest single entities start building private armies.

    Virg

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  83. Re:Sorry, the courts have consistently ruled that. by dhogaza · · Score: 2

    The simple, legal argument is that the first amendment does not stand alone but is part of a larger document which as a whole forms the Constitution, parts of which provide the hook upon which some limitations on free speech are permissable.

    The deeply thougth-out legal arguments you provide ("I'm right, they're wrong") are irrelevant.

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  85. The problem with laws limiting speech by Henry+V+.009 · · Score: 2

    The kid should go to jail for hacking, not for bomb-making instructions.
    First let me say that yes I know that some types of speech are not protected. Those types where the supreme court has already made a ruling involve cases where the speech itself actually does the harm. Ex. yelling 'fire' in a crowded theatre. Obscenity also falls under this category to some extent, but isn't really relevant.
    It is a bad thing for people to easily get simple instructions for making bombs. But if you make a law against it, where do you stop? If you can stop that sort of information, you can (and will) pass new laws against publishing other sort of instructions that explain how to conduct illegal activities. And then it becomes illegal to tell someone how to burn a draft card. It becomes illegal to tell someone how to conduct civil disobediance. It becomes illegal to tell someone how to share illegal information, even. The first ammendment isn't just needed as an expression of a right. It provides a buffer zone in law to protect from encroachment of that right. If we allow this one encroachment, unconstitutional laws, like the DMCA which prohibits you from instructing people about how to break encryptions, will become far more widespread. And widespread in far less palatable areas.
    And even with these laws, I fear that we will find that we have not impacted a terrorists ability to harm us one iota. They will still do whatever they have to in order to harm us in the simplest most direct methods possible. Instead, as a free society, we should be committed to free flow of information, and punishment to those who misuse it.

  86. Re:Seems ok by Chris+Burke · · Score: 2

    Ah, my old friend, you've got to realize the important distinction that is taking place within astrotek's brain... You see, decrying Microsoft or the RIAA... that's all non-threatening. Destroying those entities would have no substantial impact on daily lives. Despite their size and dominance, they aren't a part of the fabric of our daily lives in the same way the government is.

    But saying that the government is evil, and that it can only be overthrown through violent revolution -- that's scary. Not only is it scary to believe that the government, the thing that makes us "the land of the free", really is evil, but also the idea of revolution, which raises all kinds of alarm bells. Because revolution, by its very nature, isn't safe, and it's just a simple fact made as evident as it could ever be by 9/11 that the vast majority of people care a lot about safety and very little about freedom.

    And then you have to remember that for a lot of people, freedom of speech only applies to things they like. Anything that "doesn't sit well with them" should be against the law.

    Remember that we are living in a country that elected as our highest official a man who once said "There should be limits to freedom" in response to a website that did nothing more horrible than make fun of him. The people have spoken, and they're with Dumbass.

    P.S. The issues of web-site defacement etc are completely separate, and we both obviously agree on the issue. But astrotek didn't mention the actual -crimes-, just the information he/she/it didn't like as justification for the arrest.

    --

    The enemies of Democracy are
  87. Comment removed by account_deleted · · Score: 2

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  88. Re:Political Messages and Terrorist Threats by WildBeast · · Score: 2

    I agree with you on everything except about the last paragraph. Where would we be without a government and laws? No governments = No wars. Sure crime will still exist, just like it exists now. You can't stop crime. Also, I think we would be saving $730 billion/year on military stuff.

    Actually I think the world would have been a better place to live in. Of course I can't be 100% sure; if there's too much evil in men then anarchy would be worthless. But I believe that most people are peacefull, especially when they're asleep :)

    "The law will never make men free; it is men who have got to make the law free." -- Henry David Thoreau

  89. Comment removed by account_deleted · · Score: 2

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  90. Re:Yes, He's a Criminal and no buts about it... by Picass0 · · Score: 2

    The Constitution also gives us the right to own property. This kid violated that right by defacing websites. Is his right to free speech more important than someone else's rights? And what about the free speech he violated by defacing those websites?

    And about the right to free speech - it has limitations. You can't teach religeon in public school. You can't organize sedition. You can't threaten someone's life. If you say something about an individual and it's BS, you can be sued.

    Look at history following WWII. "Loose lips sink ships" was a mantra and free speech was curbed. But the reality was German U-boats were sinking ships based on information from spies living near New York harbors. Is free speech more important than the lives lost on the Lucitania? Do spies have freedom of speech? Hell no.

    So he implies (and I get the sense that you agree) that he has the right to publish files on the web regarding construction of weapons and bombs. The federal government has for years had laws restricting him from doing this. But post 9-11, they are actually cracking down. Bummer for him. Notice my crockadille tears.

    There will be limitations on liberty and over time corrections to those limitations. There are liberties that I am concerned about post 9-11, but I don't think our government is "out to get us." Our leaders are faced with the enormous task of balancing our Consitutional liberties with the realities that those liberties are being used as a weapon against us during a time of war.

    Shutting down a website like this is within the sphere of what I am willing to tolerate. I don't give a crap about this kid's motives, He needs a good kick in the ass. If he continues to be a professional protester, he could at least learn a sense of responsibility.

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  92. Re:Seems ok by dhogaza · · Score: 2

    Uh ... how do you know that they didn't read him his rights and that he didn't voluntarily waive his right to have a lawyer present?

  93. Re:Seems ok by i_am_nitrogen · · Score: 2

    After reading the notice left on raisethefist, this kid starts sounding a lot like Hitler. Not "Erase the Jews" type, but the way he talks about forming a big society, kids starting clubs at their schools, violent overthrow of governments... He should've thought a bit more before posting this. If he was to follow his own advice, he'd be charged with premeditated murder. He advocated violence against innocent people. The founding fathers were fighting against a military sent to force them to submit. I don't think that confiscating all the equipment and software of an 18 year old is the right way to take care of the situation, but his site was apparently inredibly violent in nature.

    I also don't think people should be prevented from knowing basic chemistry, like what happens when you mix this with that and stick in a fuse.

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  96. Re:Seems ok by the+Man+in+Black · · Score: 2

    All interesting and true. We the People of the United States are OK with actions as long they don't directly affect us or our way of lives. Dissent is fine as long as it's on issues that we agree with.

    Wow, Chris...where've you been? Drop me an e-mail, same address.

  97. Historical Points by virg_mattes · · Score: 2

    1.) 95 theses, not 99.
    2.) The Wittenburg church, not the Vatican, which doesn't have a door per se.
    3.) Protestant Reformation, not Revolution (and no, that's not just semantics; the words mean very different things).

    Carry on.

    Virg

  98. What the FBI Doesn't Want You to See at RaisetheFi by nstrom · · Score: 3, Informative

    Professor Dave Touretzky at CMU (the guy that runs the well-known DECSS gallery, has a mirror of the previous contents of the raisethefist website here. The content for which the site was raided was apparantly the Reclaim Guide, which contains detailed instructions on defensive and offensive tactics for rioters faced with riot police.

  99. Troll! by i_am_nitrogen · · Score: 2

    I'd like to see you go walk up to a police officer and spit on him, give him the finger, and say, "arrest me, you ****ing fool!" Because that's basically what you're doing. Most /. readers are NOT the richest 25 percent of the world, at least I'm not... "Fight the system" "Down with the Man" Those political activist books are filled with more propaganda than you can shake a stick at. Sure, go read the book. But then read lots of other books, and have a well-formed opinion. Doing otherwise will get you nowhere but jail. It's guys like Dmitri Sklyarov who make better "poster children" of the "corporate reform movement," because he did literally nothing wrong. He violated no Russian laws, and he's not a US citizen. That's an example of unlawful government/corporate oppression. But as soon as you get violent, or encourage violence, instantly you are perceived as a heretic and a rebel. You want reform? Do it the right way. Do it the smart way.

  100. Re:hacking sites, true, but... by j-beda · · Score: 2

    Soneone decides who to send out the cops to, and how many to send. This isn't the case of a 911 rape call or a hot persuit or anything like that.

  101. Heck, That's Easy by virg_mattes · · Score: 2

    Well, that's a simple one. Eat all of the Pixie Stix powder, get massive sugar rush, and you'll be unstoppable!

    Virg

  102. Re:Seems ok by Chris+Burke · · Score: 2

    He's not being punished because of his views or because of the strong ideas on his website (at least he'd better not be... never can tell what the real motive is). He's being punished because he cracked several corporate and government web sites.

    Wait, wait... That may be true, though I'm leaving open the idea that he is being punished for his views and the actual crimes are just the 'excuse'.

    But the point is astrotek didn't mention his crimes. He said he agreed with the arrest because descriptions of violence "don't sit well" with him. Whatever the FBI's motivation was (and if you think it is just the real crimes, then explain the extent they went to), the original poster was okay with it because he didn't like what the kid said.

    That is the mentality that pissed of the Man in Black and myself.

    --

    The enemies of Democracy are
  103. My thoughts by mysty · · Score: 3, Interesting

    I'm reasonably leftist/radical myself, certainly at american standards. So, my first impulse is to feel sort of sorry for the kid, and feel anger for the cops.

    About his political views:

    The kid isn't very smart. He also hasn't much interesting to say.

    Lot's of things he is against, and almost nothing that he is for. That is always a sure sign of the wrong kind of punkers/leftist/idealists or whatever americans would call this type of people.

    The "right" kind of leftist is harder to find and is usually doing hard work for their ideals.

    About his methods:

    He shouldn't have kept all those computers at home, he should have hosted his stuff offsite in the first place. Or at freenet or something equally elusive.

    So as a revolutionist he isn't very effective. Basic survival of the fittest at work, I would say.

    About him as a person:

    I view this kid simply as a malcontent adolescent. He is only crying for attention, and now he got it. In fact, the people who raided his home did him a favour, if I think about it:

    Look at all the attention he got!

    Also, he already had the opinion that all police/secret service etc. are fascist bastards anyway, so now that they come raid him, he accuses them of overreacting and being meanies generally.

    Well, duh!

    Like I said, he is not very smart, like most of his kind

    --
    -------------------------------------------------- ------
    UNIX isn't dead, it just sme
    1. Re:My thoughts by crush · · Score: 2, Insightful

      I'm reasonably leftist/radical myself, certainly at american standards.

      What you're one of those anarchists? No, you vote for a reformist "social democratic" party? No? you don't believe that the USA should rule the world? Oh well, then you're entitled to deliver a pronouncement on how "interesting" Sherman's ideas were. Obviously you know NOTHING about the LA anarchist scene and how effective RTF was at being an organizing center. RTF was mainly a messageboard with occasional article, like indymedia or /. itself. Yeah Sherman was dumb to do the cracking etc., but the BIG STORY is that the FBI spokesperson says that he is going to be charged because of the information on BOMB-MAKING. This is apparently legal due to the newly introduced USA-PATRIOT Act. This is a big change in the laws of the land.

  104. Re:oooh .... by Snowfox · · Score: 2
    Because Martin Luther wrote a challenge to the church. He put down his thoughts in 95 points and he invited people to come and debate him on the points. At no point did he advocated burning down the church or that the church itself was even evil.

    And what about those who didn't like the English government's rule of our country and waged all out war to change things?

  105. Grammatical Anarchy by BigBlockMopar · · Score: 2

    plus, I never trust a media outlet who can neither spell, nor use spellcheck. ;)
    "They sorounded the house with guns before raiding it." - RTF Founder

    Tell me about it. If anti-globalization protesters were literate, maybe people would listen to them. Currently, they're far more amusing than credible.

    How about the use of the possessive to denote plural? "undercover's"? "government's"?

    And the cream of the crop: "with they're eyes focused on the premises." With they are eyes...? "they're excuse" They are excuse?

    I guess I understand what his site stands for: I'd be angry if I were illiterate, too.

    But I am concerned that he got raided. He should be allowed to speak, even if he does desecrate the English language in the process.

    --
    Fire and Meat. Yummy.
  106. Re:The Anarchist's Cookbook ... by dschl · · Score: 2
    Somewhere in there are instructions on how to remove sodium blocks from the oil to use them. You do know what happens when you remove sodium from its oil container, right?

    Umm... nothing? Sodium is not pyrophoric, phosporus is. Sodium metal removed from the oil will react slowly with moisture in the air to become sodium hydroxide (evolving small amounts of hydrogen gas). As NaOH is hydroscopic, eventually, you end up with a puddle of concentrated NaOH (caustic).

    Now, if you placed the sodium into a bucket of water, the reaction would be a lot faster, and you would get enough heat to ignite the hydrogen gas, and possibly the sodium metal. It looks quite cool. watching a piece of flaming sodium skittering around on the surface of the water inside a bucket, propelled by the hydrogen gas which is bubbling off the sodium. Don't use a plastic bucket, as the sodium tends to stick to the edges, with unfortunate results. It is best to neutralize the waste water with a mild acid such as vinegar, and of course, to not try this at home. Or anywhere near anything flammable. In retrospect, doing this inside a hazardous waster storage facility might not have been the smartest thing I have ever done, even though nothing happened.

    --
    Slashdot - the place where you can look like a genius by restating the obvious
  107. Re:Seems ok by Wavicle · · Score: 2
    I thought in the US the defendant was presumed innocent until found guilty by a court of law.

    That only applies to the government (federal, state or local). Not many people believe that because OJ Simpson was acquitted he is innocent.

    If this guy walked in to a restaurant and the owner said "hey, you're that bomb making anarchist, we don't serve you here", the owner can kick him out whether he is convicted, innocent until proven guilty or whatever.

    The FBI alleges that he defaced websites, the person in question admitted doing so. No reasonable person doubts that he committed an illegal act. Short of some new bizarre twist coming up (his girlfriend is the anarchist and defaced the web sites and he is protecting her), I think that the previous poster's statement is reasonable.

    --
    Education is a better safeguard of liberty than a standing army.
    Edward Everett (1794 - 1865)
  108. Re:Bombmaking by issachar · · Score: 2, Insightful
    Only ONE article mentioned he had an anti corporate/globalist site.

    Because it isn't relevant. The identity of the victim of a crime isn't relevant as to whether or not a crime was commited. Suggesting that the identity of the victim justifies the crime is the same logic used by whackjobs who bomb abortion clinics and shoot people all the while claiming that they're doing God's work.

    If an act is wrong, it's wrong no matter who you do it to. .

    --
    . --- If you're looking for free e-mail you won't find it here! http://www.noemailhere.com
  109. Is taking matters into your own hands wrong? by Drone-X · · Score: 2
    That's why a lot of street marchers will do a drug check before they go out to protest--no point in getting busted for anything uneccessary.
    That shows how much control the government has over protesters. They can't do drugs because else the cops can abuse that (and they do abuse their power at protests). Furhtermore they can only protest within the bounderies that the government sets for them.

    I can understand that not everyone that strongly disagrees with the system steps in line and taking matters into your own hands can be the right thing to do -- if your cause is right. The problem is that it's undemocratic to take matters into your own hands.

    But you can't educate the whole world about your cause, 1/ the rich aren't going to care because they benifit too much from the system, they'll boycot you too (don't count on favorable news stories) 2/ for middle class the system doesn't appear to be broken, 3/ the poor know how powerful the rich and rulers are and won't believe you can change something.

    Also you can't just change the ways for a small community. You need an almost global change if you want a non-capitalist system to exist, if you don't have that you just can't get the necessary resources (don't forget you can no longer count on any capitalist resources).

    So, what's a fellow to do? Ignore the situation and try to live an apathetic life? Be a good rebel and do a few protests a year, ignore that the media reports only the few windows that were broken, be happy when politicians say you were good boys and girls because you didn't cause damage? Violence does get a message accross, sure most people will be angry at those vandals-protestors but a minority will investigate and join your cause.

    (Note that in this post I'm not so much talking about raisethefist.)

    1. Re:Is taking matters into your own hands wrong? by Cato+the+Elder · · Score: 2

      "The problem is that it's undemocratic to take matters into your own hands."

      Yes. Does injustice pervade democracies? Yes. Does much get done about it? No, for the reasons you mention. Does violence get attention, can it catalyze change? Yes. Is it the right thing to do? Maybe. But most revolutions go sour. I know the United States was founded by a revolution, but it was a pretty gentle one, against a government that wasn't really established in the contested area.

      I, personally, would rather have a democracy. That's at least partly because I'm an upper middle class white male. It is also because I'm convinced that in any revolution the Kerenskys would be pushed aside, and because in a society of revolution, "power flows from the barrel of a gun" (Chairman Mao).

  110. You are wrong by Raunchola · · Score: 2

    "The first amendment supercedes all previously passed articles."

    Just because the First Amendment is the first one in the Constitution doesn't make it the most important one. Hell, IIRC, there were two amendments before the First Amendment that didn't make it, which is why the First Amendment is the first one.

    The Supreme Court has ruled, time after time, that speech can be prohibited if there is a substantial state or governmental interest that backs the argument for prohibiting the speech. If you think I'm wrong, go look at cases like Miller v. California, Near v. Minnesota, and United States v. Progressive, among others. Then there are things such as time, place, and manner restrictions which may be used to prohibit speech, as long as the laws are narrowly tailored and don't prohibit more speech than necessary.

    But if you want to get technical, as it seems you're doing right now, then I could still say that you're wrong. The First Amendment states that Congress cannot pass any laws barring free speech. It never said anything about the Supreme Court setting precedent.

    Go research some Supreme Court cases on the First Amendment before you start with your childish "I'm right you're not!" tirade.

    --

    --
    The real Raunchola isn't cool enough to have any imposters
  111. Re:DMCA, Bomb making instructions, what's the diff by mary-wanna · · Score: 2, Interesting

    There is one hell of a difference between posting instructions on how to make a home grown fertilizer bomb on a web site that is attempting to incite people to taking down the government and some 40 year old virgin librarian with a technical manual on how to make a hydrogen bomb in the local library. Last I checked, you can buy fertilizer anywhere. U235 and other fun stuff is much harder to come by. This little dousche bag was a moron. From the moment he started it, all the way through. He is going to get it from big brother, just not the big brother he was thinking of...

  112. Re:That was an "arrest"!? by Xerithane · · Score: 2

    The difference is he lives in a house in suburban LA, pays little or nothing in taxes most likely (As he still lives with his mother) and has not even experienced close to what the real world is like. It's one thing to have revolutionaries, it's another thing to have a kid who has probably never seen first hand the things he preaches against make militant threats and attacks against a government.

    Anyone going to war following a naive 18 year old kid will most likely reap what they sow, death or imprisonment. When it comes down to it, there is *no* reason to speak of overthrowing the government because it's not necessary. If you have a political opinion, there are many ways to change the political course of a government. Look at Hitler for a fairly good example. America needs reform, not children revolutionaries (Viva la revolucion)

    --
    Dacels Jewelers can't be trusted.
  113. Re:Freedom of Political opposition by GodSpiral · · Score: 2

    is limited to being republican or democrat or any other party that can raise .5 billion in PAC money.

    To the Government's credit though, he is still alive. I guess he's too insignificant of a runt to have him off'ed, or maybe government resources are spread a little thin what with the war on vague nouns and all.

  114. This kid's a dumbass by Lord+Kestrel · · Score: 2, Interesting

    [QUOTE]
    In the interview, Austin acknowledged that he vandalized the Web sites and that he knew it was illegal to do so. But he defended the act by saying it was necessary to get his message out.

    ..snip..

    According to Austin, he has been targeted by the government simply because he advocates social justice.

    "If I go to jail, then I will go to jail not based on my actions, but based on what I think," he said.

    [/QUOTE]

    This is bullshit. He's going to jail because he defaced websites. This guy thinks he's above the law, and appears to be amazed that he was arrested. That's like saying that it's ok to vandalize a store because you don't like the people who own it. And then when the cops show up and take you away, saying that they're arresting you because you're being oppressed.

  115. More Bush v. Gore crap by Squirrel+Killer · · Score: 2
    Is it really a democracy when the governor of florida engineers the election of his brother by ordering state trooper roadblocks to turn away voters from the polls...
    I have yet to see a single reputable source for this story. But to counter that, is it really a democracy when national news outlets claim that someone won the election in a state while the most conservative part of the state still had the polls open?
    ...and then justices appointed by his father run the clock out on the issue rather than having the balls to make a discision.
    Have you ever actually read the decision? If you had, you'd see that the SC didn't "run out the clock," they actually protected the right for all votes to be treated equally. Gore only wanted the votes recounted in heavily Democratic area by whatever standard helped him the most, Bush wanted to just stop all the recounts because the clock had run out. The Justices, however, stopped a count that they found unconstitional because of the varying standards applied by ad-hoc counting teams who were being rushed to meet an improbably deadline. The Justices ordered that all ballots be treated as equally as possible. Had there been time (and if Gore had followed a different strategy, there would have been) there could have been a full recount that would have met the SC's requirements.

    It's also worth noting that the CNN/MSNBC/Time/AOL/WSJ/XXX uber-report on the election results found that Bush won in most every case but for the most convoluted counting methods (something like count dimples but not hanging chads in four or five counties only.) I truly believe that in a hundred years Bush v. Gore will be hailed as a landmark case for the preservation of voting rights. The catcalls to contrary are sour grapes from people who don't see the big picture.

    Certainly democracies have problems. It's not the perfect government model. So, when you find the perfect one, let me know. So far, democracy seems pretty good (yes, yes, I know we have republic not a democracy, but since that's what everyone calls it, I'll do the same.)

    -sk

  116. looks like his host pulled it by sh0rtie · · Score: 2, Informative


    It was there at 10.14 PM GMT and its just been pulled at 10.16 PM GMT
    with the obligatory

    "This site may have been removed due to a violation of Freeserver's
    "Acceptable Use Policy".

    luckily google is still there :)

  117. Right by fizban · · Score: 2, Insightful

    If you call blowing up things with pipe-bombs "social justice" then you have your head screwed on incorrectly.

    --

    +1 Insightful, -1 Troll. What can I say, I'm an Insightful Troll.

    1. Re:Right by Ziviyr · · Score: 2

      How many things did he blow up with pipe bombs again?

      --

      Someone set us up the bomb, so shine we are!
  118. You're right... by Da+VinMan · · Score: 2

    My bad. My point was that we can't always just spout off just "cuz the consteetution sez so". That is what a lot of people think the 1st amendment means. The trade secret exception was only a (poor) example. The top-secret exception is a good example though.

    --
    Please mod this post only if you think others should/n't read this. I have enough ego^H^H^Hkarma. Thanks!
  119. Re:Yes, He's a Criminal and no buts about it... by wannabe · · Score: 2

    I feel this kid crossed the line in taking the role of cracker and I feel he should be punished accordingly.

    However, I am opposed to the comments you made, which I've heard so many time since 9/11, about balancing freedoms with security.

    There can be no balance. Our freedoms are guaranteed and the government is limited by our constitution in what they can change and what they cannot. The bill of rights limits government, even though it is not adhered to very well.

    If our country's foreign policy has caused us to be under threat of attack (I refuse to say we are at war until there is a declaration of war by congress), then we need to change our foreign policy. If it comes down to foreign policy versus freedoms and liberties, foreign policy loses every time.

    Government is not our friend. It serves a purpose and when it stops serving the people it is up to the people to reevaluate its structure and existance. Sometimes it comes to war, but only as an absolute last resort.

    I've seen other comments mention our founding fathers and the revolution. What I haven't seen mentioned is that for years the colonists tried to reason with the King to no avail. Ben Franklin spent a considerable amount of time in England trying to get George III to accept our grievances. Lastly, it was over a year into armed hostilities before the second continental congress signed the Declaration of Independence.

    This kid was an idiot. Yes he has the right to advocate governmental overthrow and by the laws of nature he is given the right to try to execute those views through force. The government, however, is not oblidged to recognize those laws, and therefore he takes his chances. Now he's caught and will spend the rest of his life mourning the arrogance and stupidity of his youth, but that's his choice.

    To summarize, do I agree with what he did...No.
    Do I agree with the government's handling of the situation...No.
    Do I think our government is doing us dry and just warming up for bigger "ashcroft-thrusts"...yes.

    At some time in the future, the citizens of the US will realize just how much they sacrificed when they said, "the government knows best" or when they said, "I'd rather be safe that have dangerous information out in the open for the world to see and use against us." I can only hope that I see that day before the Militarized Police force from the ministry of Love come to drag me from my home because I posted this on slashdot back when we thought we were free.

    --
    "Draw them in with the prospect of gain, take them by confusion." Sun Tzu
  120. His HTML's non-compliant, too by Zoop · · Score: 3

    My god, did you look at his HTML? It's full of unclosed tags, deprecated tags and elements, and some of it was clearly done in a WYSIWYG editor.

    C'mon, either we believe in standards or we don't. Raise your fist against bad code....

  121. Oh, and PS by gdyas · · Score: 2

    I never mentioned prison rape. YOU are the one who filled in the blanks there, you filthy little boy.

    --

    The only tool you've got against psychosis is experience.

  122. Re:Bombmaking by mpe · · Score: 2

    The identity of the victim of a crime isn't relevant as to whether or not a crime was commited.

    Kind of hard to prove that there ever was a crime without being able to identify the alleged victim.

    Suggesting that the identity of the victim justifies the crime is the same logic used by whackjobs who bomb abortion clinics and shoot people all the while claiming that they're doing God's work.

    However in order to prosecute such a shooting or bombing you need both evidence there actually was a shooting or bombing and some ability to tie that to the suspect. As for someone identity being used as justification, if you are big enough that will work. If you want to see it in action, watch the news...

  123. A pimple on the ass of humanity by davmoo · · Score: 2, Insightful

    If all this little prick was doing was advocating the overthrow of the government and providing recipes for bombs, believe it or not I'd be right there arguing with him for the right to free speech. I may not agree with what you say, but I'll defend to my death blah blah blah blah.

    But no, this guy was actively trashing web sites, admits to doing so, and then whines that he won't go to jail for what he did, but for his opinions.

    No, he'll go to jail because he's just another whiny-assed fucking criminal who got caught, and is trying to hide behind other issues that have nothing to do with his crime.

    My opinion is his homepage should now be at lockthecelldoorandthrowawaythekey.com...its like 'ol Beretta said, "if ya can't do the time, don't do the crime".

    --
    I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
  124. Re:Yeah! Lets line him up against the wall! by Datafage · · Score: 2

    I think, by context, he meant "I hope they don't pull a Mitnick, and instead give him a fair chance." I'm not sure, but I think that was the intent.

    --

    Nicotine free Amish .sig.

  125. Re:The Anarchist's Cookbook ... by Zen+Mastuh · · Score: 2

    Absolutely correct. I was first tipped off years ago when I read the recipe for LSD. It suggests adding a small quantity of Strychnine (sic) to the batch of LSD. The Strych acts as a mild stimulant with an annoying body load, serving to increase the likelihood of having a bad trip. The result: more bad trips, fulfillment of The Man's prophecy that LSD causes bad trips, and justification for furthering the WO(S)D.

    The first time I did pure (liquid) acid I noticed that the physical effect was somewhere between Valium and H2O--a far cry from Strychnine's effects.

    --
    "What is the sound of one belly slapping?"
  126. Re:That was an "arrest"!? by Xerithane · · Score: 2

    What difference does it make if you aren't if you say things like "infiltrate the american workforce with non-citizens." I don't give a shit what race you are. And you never brought up illegal immigrants, that's a different issue. But what jobs do they take away? Do you really want to be a janitor for $3.75 an hour? Who complains when they don't get minimum wage? Oh right, they're illegal so they can't.

    We still need immigrants, just as america has emmigrants as well. It's called cultural diversity and positive population growth which boosts the economy.

    If you actually looked at numbers you would note that if there are any workforce delemmas it is caused more from legal immigrants (especially for the over-use of H1B visas for lower tech worker salaries through the dotcom years) - and if Americans weren't so lazy and poorly educated on average there would be no need to import harder working people for cheaper. Americans have no one to blame but Americans, but like most things, they blame everyone else for the situation they put themselves in.

    As for your ethnicity, the great thing about america is you can be racist no matter what race you are. I don't think you are white or any other race. In fact, I don't care. What I do care about is your elitist attitude that american citizens deserve things that non-citizens should have, like a job. Go travel around, see the world and open your american eyes. Just please respect the cultures you see, and try not to embarass your country like so many americans do while travelling.

    --
    Dacels Jewelers can't be trusted.
  127. Here you go by Wesley+Everest · · Score: 4, Offtopic
    Bush's military tribunal order.

    The Geneva Convention

    The Nuremburg Charter.

    Before you think anything about Sept. 11th being something entirely new and especially evil, requiring less due process than in the past, read the Nuremburg Charter. If presumption of innocence is ok for Nazis, it's hard to see when it shouldn't apply.

    Also, keep in mind that all this "anti-terrorism" talk uses Bin Laden as their reason for enacting the laws, but the laws are not confined to the acts of Sept 11th, or even confined to "violent" terrorism. There has been much effort to make sure that illegal political acts that don't involve violence fall under the category of "terrorism". Even before Sept 11th, anti-terrorism laws were used to infiltrate and disrupt non-violent activist groups and labor unions.

    If a farm owner accuses non-citizen farm workers of illegal acts during a union organizing drive or strike, what is to stop these "anti-terrorism" laws and military tribunals from being used? Again, even before Sept 11th, many newspapers have referred to both violent and non-violent protestors in the U.S. as "terrorists", in many cases equating civil-disobedience (illegal acts intended to achieve a political agenda) with assassinations and mass murder.

    And this is nothing new. Dissidents are often called terrorists by repressive governments. Never mind the fundamental differences between the people that destroyed the WTC and people like Martin Luther King.

  128. Re:Political Messages and Terrorist Threats by WildBeast · · Score: 2

    I lived a few years in Lebanon when they were in war against terrorism, muslims, and I don't know who else at the time. The government was too busy with war so we didn't really have any cops, you could kill a man and noone would give a damn.

    To my surprise, crime was a very rare thing. Maybe it was because war made people care about each other a little more or maybe it was because of the fact that there wasn't any government and laws to fear or maybe it's a little of both.

  129. The purpose of a sit in?? by HamNRye · · Score: 2

    Are you aware of the purpose of a sit in?? The idea is that the business of the Company/Government/Whatever cannot continue until such sit-in has ended. This was the purpose of operation rescue, a sit-in in front of the Abortion clinics so noone could kill a baby. (Not anti-abortion, just making a point.)

    Now, in the hypothetical sense, if you knew that they could not put a man (someone you'd save) to death until the computer starts the Lethal Injection machine, you could save that man over a wire. By the same token, you could disrupt the activities of the aforementioned Abortion clinic by taking out their computer, or by taking out the electric company.

    What is lame and cowardly, is hiding behind a police force to enforce unfair and discriminatory policies paid for by the people you are intimidating. You would not argue with the violent overthrow of a slave master, and the US Govt. is little more than that.

    I don't argue that this LA guy was a whacko, or that we should be publishing bomb information on the internet. But If you really believe that publishing how to make a bomb AT ALL is criminal, lets go lock up Tom Robbins, Einstein, most spy book authors, and the writers of McGuyver. Let's go lock up anyone who has ever written a Chemistry book.

    "They'd be better off by actually writing letter to the companies they hate, but of course, that takes actual time and effort." You're joking right?? Yes, we all know that writing a letter to a company gets big notice.

    I'm sure that with your long and illustrious history of social activism you would be more than capable of giving us a run down of how you have managed to end 1 or 2 social injustices of the world, and perhaps give us some insight on the best method for changing the world.

    At least this person stood for something, no matter how misguided the means. Lame is not doing something stupid to try and stop injustice, lame is doing nothing at all to try and stop injustice.

    ~Hammy

  130. I'm going to agree with this comment by Catbeller · · Score: 2

    And here's why.

    It amazes me that purported highly-educated people, such as Slashdotters, can conceive of the idea that torture by anal rape is a wonderful idea!

    A kid wants to speak out against an administration that has little respect for the constitution? Find a "bomb" threat. Arrest him. Shut his site down. That'll show anyone else who has similar ideas how easily they can be removed.

    And prison! Hot damn, right-wingers say, as they eagerly imagine the kid being held down and anally ripped for years on end. Serves him right for not thinking the correct thoughts, huh?

    Have you wingnuts, at long last, no decency?

    Prison rape is only a problem for the poor slobs who offend the government, in this case, or have lousy representation, being poor or unlucky, or have an unreasonable prosecutor who wants that notch on the reelection gun, or for those who indeed did something wrong. Doing something wrong while wearing a suit or uniform and carrying a briefcase doesn't count. Those types get country club jails and when they get out, radio talk shows.

    But here's a point: over half the people in prison are there for drug offenses. And are being raped. This kid mayhap linked or showed information on how to make explosives -- just like Amazon.com.

    Which leads me to my next point. The executives at Amazon, eve if hauled into court and convicted on exactly the same charge, would never see the inside of our country's beloved, and highly profitable, rape-torture factories.

    Think of this: the top Enron officials stole, and that's the word, at least hundreds of millions of dollars in a corporate mugging of the market and their workers.

    A thousand street thieves working for a hundred years would not even approach the astronomical amounts that these well-connected established businessmen stole with their eyes open over months under the cover of 9-11. Anderson shredded documents for weeks to cover the crimes.

    Will any of these men see prison? Probably a few, and they'll wear orange jumpsuits, play tennis, do laundry, and eventually get out and, if they do not have millions tucked away in the Caymans, will be hired by their old friends, and make millions. Some will work in future Republican administrations, and no one will bring up their past on TV talk shows. They will never see rape in their country club prisons; they will have lawyers and well-paid and efficient guards who won't look the other way while men are ruining their souls on the floor of their cells.

    When I hear "that's what they deserve" from the mouths of leering white males, I feel sick for my culture. We're supposed to be the leaders of the world, so our selected President says, yet we gleefully condemn someone to horror for the crime of saying things someone else doesn't want to hear.

    I don't see, by the way, any militia people going to prison en masse for their amassing of guns, explosives, and ammo, or for their advocation of the overthrow of the government. Why is that? Let me answer for you: they are part of the same political scene that elected Bush -- the defenders of Koresh, who think the law is Nazi-like for trying to arrest his army, but have applause for an anarchist getting raped in prison.

    And here's a kicker: would you boys be so eager to favor rape as a punishment if this kid was a girl? How's your imagination at thinking of a 18 year old college girl raped for ten years? Gets you all happy, like the thought of this guy's torture?

    It doesn't? Why not? It's the SAME SICK THING.

    I observe here that an immense part of male aggression seems to dwell on sodomizing male opponents. This seems to be a primal urge, and stems from the repressed homosexuality of American males, I'd wager. Why, O why, does it make all these supposedly well-educated and moral men snigger to think of some kid getting his?

    Isn't it the very essence of evil, reducing people to things?

    Think about it.

  131. Re:That was an "arrest"!? by mpe · · Score: 2

    From what the FBI knew, the suspect could have been anything from a whiny script kiddie to a mob leader with a dozen heavily armed bodyguards.

    You mean they didn't investigate the building they intended raiding. That would be just stupid.

  132. He tried ours also by Jafa · · Score: 2

    We had a public ftp server for our clients (no web server installed), seperate from our webserver. Apparently this guy couldn't figure that out. So one day this lame HTML shows up in a space directory on our ftp server, talking about how this site was hacked and owned and all kinds of funny stuff.

    Then there was the .cgi, and all kinds of logged attempts to execute the code in our web logs. We looked through the code and saw that it was actually targeted to a DOD router somewhere.

    The code actually launched a ping attack, then called itself again. I think this would have bogged down a machine pretty quick.

    I think we contacted some agency (either dod or fbi) and mentioned it and sent the stuff over, but never heard much back.

    Jason

  133. Sorry, but we live in a "water empire" by HiThere · · Score: 2

    A water empire is a place where the government controls some of the essentials needed for life. Originally water (in Egypt), and that's still true, but it's been expanded considerably. Most cities contain less food than is needed to survive for a week (i.e., starvation would being in less than a week). They also depend on external sources of water, electricity, gasoline, etc.

    Note that much of this can only be used to prevent insurrections, rather than against individuals. For individuals the preferred control mechanism is cash. It's pretty effective, though not perfect for a variety of reasons. But it doesn't need to be. Revolution is essentially impossible without the death of a large fraction of the population. And the govt. is well aware of this. So are most people, though they prefer not to think about it. It usually only comes up in disaster preparedness scenarios. Unless people get so desperate that they are willing to sacrifice the life of over half of the populace, insurrection via explosives, etc. just won't work. Unless they are targeted at controllers (or centers of control). But don't expect support from the populace. It won't happen. Expect there to be 90 to 1000 people hunting you for every one that supports you even passively. (That's why suicide tactics are so effective, but somehow the designers of such an attack rarely take part in it. Surprise! They're generally worse than the people in power.)
    .

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  134. Excuse me about "overthrowing the government" by Catbeller · · Score: 2

    I note a few posts here from people who say that the kid needed to be taken down because he advocated overthrowing the goverment.

    I seem to recall a group of screaming white men outside a recount office in Dade county who could reasonably be described as violently intimidating election officials with the purpose of installing their man into power, votes or no votes.

    They didn't run websites, or provide information about subjects readily available at Amazon.

    They raided a recount office and intimidated them with threat of riot into stopping the recount.

    I don't seem to recall FBI agents raiding their homes. No arrests. Why?

    If this kid and his fellow ideologues had stormed the Bush campaign, exactly how many bullets would have been pumped into them?

    What is going on here? Selective law enforcement based on the DOJ/FBI's in-house ideological bias.

  135. Re: Misstatement of the law by Tuckdogg · · Score: 2, Insightful

    The First Amendment standards for advocating overthrow/violent action are much higher than your statement lets on. Yes, Justice Holmes' "crowded theater" comment is frequently cited, but it has never been used as any sort of standard or test. The test (refined over the course of many years) is whether or not the speech in question created a "clear and present danger" that such violent action would occur. The clear and present danger test, after Brandenburg v. Ohio, is an extremely diffucult test for the government to pass. Basically, you have to have a massive crowd in front of you, have everyone in the crowd armed with weapons, as essentially control the crowd to the point where you could just yell, "Kill!" and they all would attack before you can be prosecuted. This extremely high bar was/is used because when the test was less stringent, the government was basically trampling all over the rights of alleged Communists/Communist sympathizers (see "McCarthyism"), as well as any other group they didn't particularly like at the time.

    Oh, and the Constitution does not provide for abolishing or changing the government. Arguably this can be done through amending the constitution, but I don't think that's what you were getting at. The stuff about casting off an existing government when it fails the people comes from the Declaration of Independence (where it was stolen from John Locke), which is not actually a part of the laws of the USA.

    --
    Tuck
    Tuck's Journal.
  136. I find it interesting the change in definitions. by Bob_Robertson · · Score: 2, Insightful

    I find it interesting that espousing violent resistance to violations of the Constitution and the Bill of Rights has been redefined as "violent overthrow of the constitution."

    Time to put bomb making instructions on my own web site too. I figure a reprint of the GPO's own pamphlet on how to remove stumps by using the 6 to 1 by weight ratio of amonium nitrate and diesel fuel would be sufficient. Or is that ratio by volume? Hmmm, time for a test on a stump or two out on the back 40.

    Government is the one monopoly everyone should fear, and fight against every infringement of their rights.

    Bob-

    --
    The Ludwig von Mises Institute. The reasoning individuals economics
  137. Right to strike and virtual sitins. by Weezul · · Score: 2

    Non-violent protests should not be met with jail time even if they are disruptive or financially costly to the protested party. If your office descided to unionize and needed to strike, they would and should try to make it as obnoxious as possible for "scabs" without actualy hurting people. Simillarly, people should be allowed to protest online via virtual sitins.

    The real fine point of law here is what happens when it's a one person protest who magnifies his protests effectivness via technological tricks like a DDOS. This is really an amazingly subtil point. It would clearly be wrong to prevent a non-violent one person protest in front of your local Kmart just because the guy was some how evvective.. say he made farting noises to get people's attention. COnversly, you would definitly stop him if he were breaking windows. The DDOS attack is more like this hypothetical one person protestor was going though your checkout line, but managing to be very slow about it. Anyway, it's really a very subtil issue.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  138. The Hacker Crackdown by Bruce Sterling by Paul+Johnson · · Score: 2, Insightful
    This would be a good time to revisit The Hacker Crackdown by Bruce Sterling.

    A particularly relevant paragraph from chapter 3 reads:

    To date, no hacker has come out shooting, though they do sometimes brag on boards that they will do just that. Threats of this sort are taken seriously. Secret Service hacker raids tend to be swift, comprehensive, well-manned (even overmanned); and agents generally burst through every door in the home at once, sometimes with drawn guns. Any potential resistance is swiftly quelled. Hacker raids are usually raids on people's homes. It can be a very dangerous business to raid an American home; people can panic when strangers invade their sanctum. Statistically speaking, the most dangerous thing a policeman can do is to enter someone's home. (The second most dangerous thing is to stop a car in traffic.) People have guns in their homes. More cops are hurt in homes than are ever hurt in biker bars or massage parlors.

    In addition to having allegedly broken some pretty straighforward computer misuse laws this guy was advocating violence against the state. I think that going in with guns drawn was a perfectly reasonable approach.

    Paul.

    --
    You are lost in a twisty maze of little standards, all different.
  139. and if you actually *read* those links . . . by hawk · · Score: 2
    particularly the first one, you find that the exectutive order directly contradicts nearly every claim you made about it. Among others: fair trial, review, defense counsel . . .


    >If a farm owner accuses non-citizen farm workers
    >of illegal acts during a union organizing drive
    >or strike, what is to stop these "anti-terrorism"
    >laws and military tribunals from being used?


    Umm, the law? The United States Constitution? The language ofthe executive order itself? Common sense? The court system?


    hawk

    1. Re:and if you actually *read* those links . . . by Wesley+Everest · · Score: 2
      No it doesn't. It mentions "fair trial" but in the end, the Secretary of Defense has full power to make it as fair or unfair as he feels like.

      As for this system not being used against others, there is nothing in the order that limits it. Here is who it can apply to:

      (ii) has engaged in, aided or abetted, or conspired to commit, acts of international terrorism, or acts in preparation therefor, that have caused, threaten to cause, or have as their aim to cause, injury to or adverse effects on the United States, its citizens, national security, foreign policy, or economy;
      Clearly, if you are suspected of conspiring to commit "acts of international terrorism" that threaten to cause adverse effects on the U.S. economy, and you are not a citizen of the U.S., then this applies to you.

      Given that "terrorism" has been defined in very slippery ways in U.S. laws, to include hacking websites, property damage and other sorts of non-violent crimes, it is not a very large stretch to suggest this could be applied to unions and activists. This is especially true when you consider that the U.S. government (and most governments) have a long track record of doing exactly that. In the U.S., many states still have "criminal anarchy", "sedition", or "sabotage" laws that were specifically created to smash radical labor unions after WWI. In Washington state, the law was so bad that if you were a janitor in a building where an outlawed union was allowed to meet, you had commited a serious crime.

      Yes, such laws are clearly unconstitutional, but in times of war, the constitution is often forgotten (remember the Supreme Court OKing the rounding up of law-abiding Japanese Americans during WWII?). In addition, Bush's executive order makes it clear that he does not want any judicial oversight:

      (2) the individual shall not be privileged to seek any remedy or maintain any proceeding, directly or indirectly, or to have any such remedy or proceeding sought on the individual's behalf, in (i) any court of the United States, or any State thereof, (ii) any court of any foreign nation, or (iii) any international tribunal.
      Yeah, so the military tribunals are unconstitutional, but that does little for a "suspected terrorist" that gets executed or imprisoned for years before the system is overturned.
    2. Re:and if you actually *read* those links . . . by hawk · · Score: 2
      I'm really not sure how to respond to this.


      What you call "clearly" simply isn't true. There is a well-defined body of law that governs executive orders and regulations made thereunder. These still apply, the order exists in that context, and can only be interpreted in that context. The things that you're suggesting "could" happen just plain can't, unless the entire judiciary (which can review *any* administrative regulation, including those proposed here) suddenly turned it's back on 700 years of Anglo-American law--in which case, this particular regulation would be the least of our worries.


      hawk, esq.

    3. Re:and if you actually *read* those links . . . by Wesley+Everest · · Score: 2
      I'm not sure which "clearly" you are referring to. There's this one:
      Clearly, if you are suspected of conspiring to commit "acts of international terrorism" that threaten to cause adverse effects on the U.S. economy, and you are not a citizen of the U.S., then this applies to you.
      That's straight from Bush's executive order. So while the constitution applies to non-citizens on American soil (the executive order says that these people can be grabbed anywhere including in the U.S.), Bush makes it clear that the people that he intends to put on trial with this system are not covered by the constitution due to their alleged actions or allegiances and their status as non-citizens.

      You saying that this "just plain can't" happen is like saying that Japanese Americans just plain couldn't be rounded up during WWII, that American citizens with radical views just plain couldn't be deported to Russia in 1920, that Nixon's underlings just plain couldn't plant bugs in the Watergate hotel, etc.

      I think we should assume that Bush will attempt to do at least what he says he intends to do, and he says that he wants military tribunals try people for conspiring to adversely affect the U.S. economy. During WWI, it is exactly laws like this that were used to smash unions that were "seditious" because by "adversely affecting the economy" they were hurting the war effort. Bush may talk about how things are entirely new after Sept 11th, but he is borrowing many ideas from the past.

      I agree that with pressure from the American people, including using the courts, Bush will not be allowed to do all that he intends to do, and some of his actions will be corrected after the fact, but that is no argument to not put pressure on him now. In fact, I've heard that due to public outcry and from the response from international human rights organizations, he has made some ammendments to the executive order making it less orwellian (I heard that he changed it to require a unanimous decision to execute someone). If everyone had said, oh, don't worry about it, it can't happen, he wouldn't have done this.

      Now, if you meant the other "clearly" in my post (about WWI era laws), anyone that reads them can see that they are unconstitutional -- possessing an emblem of a banned organization is specifically listed as being a crime, in one, for example. Being unconstitutional didn't stop them from used for several years, though.