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Linking Dangerously

indole writes "Some /.'ers might remember the story of Sherman Austin, a Californina native who created the "anarchy" website raisethefist.com. Besides posting links to bomb-making instructions, the site caught the ire of the FBI for advocating the overthrow of the U.S. government. Well, approximately 18 months later Sherman Austin, now age 20, has been sentenced to 1 year in federal prison. According to Austin, 'he took a plea bargain because he feared his case was eligible for a terrorism enhancement, which could have added 20 years to his sentence.' Doubleplusungood."

53 of 1,185 comments (clear)

  1. Well duh. by desenz · · Score: 5, Funny

    I thought it was common knowledge that you don't disagree with the government.

  2. If the FBI is reading this... by teamhasnoi · · Score: 4, Funny
    I believe a man named Darl McBride is the man behind this terrorist.

    You should probably go and shoot him in the head. Quickly!

  3. i wonder.. by GreenCow · · Score: 5, Insightful

    Wilson said he also may not associate with anyone from a group that "espouses physical force as a means of change."

    does that include the US government?

    1. Re:i wonder.. by Wyatt+Earp · · Score: 4, Informative

      France, Germany and the Soviet Union also played nice with Iraq, actually the three of them had closer ties than the US did.

      The United States backed Iran through the 1970s, then Saddam took over at about the same time the Iranian Revolution happened so the United States started to back Iraq to keep them from falling to the Iranians. The whole goal of the West and Soviets in the Middle East at this time to keep no one from winning the upper hand.

      The vast amounts of Soviet and French equipment being poured into Iraq shifted the balance of power and the Iranians/Americans/Israelis and rouge Saudis cut deals to get new Hawk-I missiles and parts for the Iranian UH-1s and F-4 operating then both the Iranians and Iraqis start attacking tankers.

      When the Iraqis gased the Kurds there were two little things going on that limited a Western response to the gassing. The Cold War, Iraq is kind of close geographically to the Soviet Union and I'm sure B-52s and F-15s over Tikrit wouldn't fly in Moscow. And there was the Iran-Iraq war coupled with the fact that the Turks don't like the Kurds and they were an important part of the Southern Front NATO had to the Warsaw Pact. In short in the late 1980s international pressures and the Cold War paradigm kept anyone from acting out.

      Now the United States and the West does have some dealings with the Iraqis in dual-use chemicals and technologies, but shit, if you ship someone the instructions on how to make Prussian Blue dye you are giving them the ability to make Zyklon-B poison gas. You sell someone some packing peanuts and gasoline and they can make napalm.

      You know that in the 1950s the US and French were shipping nuclear reactors all over along with big tomes of stuff like "Atoms for Peace" is what gave Iraq and Pakistan the seed for thier nuclear programs?

    2. Re:i wonder.. by aminorex · · Score: 4, Insightful

      I don't advocate sympathy for any
      "country". But I do think that failure to
      have sympathy for every one of 25,000
      dead innocents puts one in a moral class
      with every demonized icon of barbarity
      in human history.

      --
      -I like my women like I like my tea: green-
  4. you think that's linking dangerously? by Savatte · · Score: 5, Funny

    I once updated my web page while driving drunk and blindfolded accross landmines, all the while eating food from arby's.

  5. Ahh the justice system ... by SuperDuG · · Score: 4, Interesting
    prosecution and fbi recommend 4 months in prison, so the judge sentences him to a year.

    Glad to see the REAL criminals being put where they belong, hey aren't ALL the Enron executives still free?

    --
    Ignore the "p2p is theft" trolls, they're just uninformed
    1. Re:Ahh the justice system ... by Homology · · Score: 4, Insightful
      Glad to see the REAL criminals being put where they belong, hey aren't ALL the Enron executives still free?

      Snuffing out pension funds are more than compensated by campaign contributions, in addition to handsomely paid do-nothing retirement consultancy postitions.

  6. Freedom of Speech anymore? by miradu2000 · · Score: 5, Interesting

    This to me is just scary. Yes he was giving instructions on how to make chemical reactions work. Whoopdeedo! We live in America, and in the america i grew up in we don't censor information from the public. And he wasn't realyl even giving instructions - he never (AFAIK) disseminated the information, he just linked to it. It's like being arressted for telling people that you KNOW how to make bombs....

    But the most scary thing of all is this qoute from this website: "(5) he cannot associate with any person or group that seeks to change the government in any way (be that environmental, social justice, political, economic, etc.), "

    How can the courts do that? This guy has rights that cannot under any circumstances be taken away. Part of those rights are freedom of speech - expecially political freedom of speech - and policital freedom of speech again AFAIK is only when you want to try to change the government somehow.

    This guy got shafted by a horrible judge who shouldn't be allowed to work. If i were president, or governer i would pardon this man becuase he doesn't deserve to have his life ruined for such a simple thing as disseminating information.

    As a highschooler what am I to think growing up? Do we really have our Bill of Rights anymore? Every day i see more news about parts of it being chipped away - of course all in the name of protecting the country from terrorism. (since free speech, habius corpus, etc are an evil evil thing... ) BULLSHIT!

    1. Re:Freedom of Speech anymore? by Fesh · · Score: 5, Insightful
      The First Amendment doesn't say that you have the right to advocate hate crimes, belittle or verbally abuse people, or tell people how and where and when to blow up a major government building/person.
      No, no, no. You've got it backwards. The First Amendment doesn't allow me to speak, it forbids the government from abridging my speech. It doesn't say a damned thing about what I am or am not allowed to speak about. The Constitution is a restraint on government power, not a list of things we're allowed to do. This view that the Constitution enumerates our rights flies in the face of historical evidence on the intent of the founders of this country, and is only going to worsen the problems we're having.
      --
      --Fesh
      Kill -9 'em all, let root@localhost sort 'em out.
  7. What was there? by heli0 · · Score: 5, Informative

    http://web.archive.org/web/*/http://www.Raisethefi st.com

    The internet archive has the site archived from many dates over the past several years.

    --
    Whenever the offence inspires less horror than the punishment, the rigour of penal law is obliged to give way...
  8. Re:seriously screwed up action by Gibble · · Score: 5, Insightful

    key word being "peaceably";

    "links to bomb-making instructions, the site
    caught the ire of the FBI for advocating the
    overthrow of the U.S. government"

    Last I checked...bombs weren't peaceful.

    --
    Gibble: Descriptive of an emotional state in which one's mind is scrabbling for some purchase on reality
  9. It was more than just speech by egg+troll · · Score: 5, Insightful

    As I recall, this individual wasn't prosecuted for what he said. It was because he was trying to break into military computers. What did he expect to happen?

    --

    C - A language that combines the speed of assembly with the ease of use of assembly.
  10. Re:IN SOVIET RUSSIA..... by davesill · · Score: 5, Insightful

    Sherman said it in his narrative on the site:

    "Remember, fascism and a police state doesn't come all at once, it comes piece by piece. How far will we allow it go until we are all locked up in concentration camps."

    The government has basically forbid this guy from criticizing the system. I hope that this sends a message to everyone in the same situation to not plead down, and to raise as much hell as possible.

  11. Thought crime? by Grendol · · Score: 5, Insightful

    Why is it, that when someone describes in layman terms some basic exothermic chemistry, they are public enemy number 1? Should we hang the acedemics for teaching this chemistry? I am concerned about the wider scale of such generalized concepts in which people are categorized as criminals for learning and retaining knowledge that makes other's feel threatened. From cell phone cloning, to virus generation, to installing NOS on a car, and flying a non FAA Wright Flyer replica. People are increasingly punished for creativity, when they should be punished only for the dangerous and harmful actions they commit. I do not care that I was hit with a rock tied to a stick (tomohawk)only that I was attacked and hit in the first place.

  12. More terrorism "enhancement" by robogun · · Score: 4, Insightful

    The guy pleaded out for fear of an additional 19 years in the Pen. So the FBI gets their conviction, because of terrorism leverage.

    Meanwhile, here in San Diego, enviro freaks burned down a $20 million condo project, and the owner is not going to get insurance because the policy didn't cover "terrorism." Probably 400 people out of work.

    When gov't or anyone for that matter plays the terrorism card to its advantage, we ALL lose.

  13. Re:They can do that? by jratcliffe · · Score: 4, Informative

    Yup. The plea agreement is that the defendant will plead guilty to charge X, and (usually) the DA will recommend a particular sentence, or drop other charges. The judge has the final discretion, and he can (albeit rarely) overrule the plea agreement if he feels that it was unreasonable. In an extreme case, if a DA made a deal with a mass murderer where the murderer would serve 5 days for 100 murders, the judge could reject the deal and assign a different penalty. By the same token, the judge could reject a plea deal that carried a 50 year sentence for a jaywalking conviction. In this case, though, there doesn't really seem to be any reason for the judge to reject the deal.

  14. It's still a free country by l0ungeb0y · · Score: 5, Insightful

    As long as you speak the new speak and waive your flag.

  15. Re:Sounds fair to me... by brooks_talley · · Score: 4, Interesting

    Any other opinions that you think should be illegal? Perhaps anyone who advocates breaking Microsoft up? Or SCO's assertion that Linux includes their IP?

    Or is it just people who verbally advocate murder that you'd jail? Like, say, anyone who says we should kill Saddam Houssein if we find him?

    Please post a complete list of the opinions that you believe it should be illegal to express.

    Cheers
    -b

  16. Oh you mean... by MKalus · · Score: 4, Insightful

    ... like the guys who put up the websites with a hit list for abortion doctors and celebrating everytime someone nuked one of them?

    --
    If you want to e-mail me, use my PGP Key.
  17. Re:This is bullshit by Salgak1 · · Score: 4, Informative

    Actually, it's NOT BS. If you look at all the OTHER issues in his case, convieniently listed here and here. His crime was NOT linking sites, but hacking other sites. The addition of "explosives" issues and call to action to use those links is akin to inciting to riot. The Feds had him cold, and he copped a plea. What's the big deal here ?

  18. Re:From a European viewpoint by Trigun · · Score: 4, Insightful

    Inciting people into a violent revolt that thretens the stability of the entire society is not responsible.

    Nor is inciting people into a passive complacency that threatens the stability of the entire society. Sometimes you have to throw out the baby with the bathwater, especially if the little runt is a Hitler-baby.

  19. Re:From a European viewpoint by saskwach · · Score: 5, Insightful

    But the US isn't European. It broke away from that through a violent overthrow of the current (European) government. The 1st amendment was put there because the people who wrote it knew that systems get stale and governments get corrupt. It's there specifically to protect the ability to criticise the government. While I don't personally advocate the overthrow of the whole system, I'm in favor of electing someone else to run the country right now. If enough people feel oppressed enough, they should be able to advocate that revolution. Meanwhile, this is the kind of oppression that does lead to a revolution.

  20. Re:From a European viewpoint by singularity · · Score: 5, Insightful

    I call troll...

    Europe has been home of dozens of violent revolutions over the years. Just talk to the French to start with. You can move on to other countries when you are done there.

    What is the end result of these revolutions? Social progress. The eventual overthrow of tyrants and the establishment of democracy has generally improved the quality of life.

    Yes, people die during violent revolutions. People are jailed. In the long run, though, if enough people believe that a violent overthrow of the government is called for, it almost always means that the people will be better off after the revolution.

    The U.S.'s freedom of speech was set up to allow all degrees of discussion, from political commercials to lobbying to advertising to calling for a violent revolution to overthrow the government.

    Remember - the same people that wrote the First Amendment just got done with a violent revolution.

    This does not mean that the government should stand idly by while people violently revolt. The government has a responsibility for self-preservation. However, talking about a violent overthrow should be completely allowed.

    --
    - (c) 2018 Hank Zimmerman
  21. This is not about freedom of speech... by Alton_Brown · · Score: 5, Informative

    Four minutes after posting 10 replies are crying that the government has violated his first amendment rights... let's not forget that the dumbass cracked into several sites (including the army), defaced them, inserted nasty little cgi scripts and happily posted DoS tools. On top of all this he admitted that he did all this. He even said, "If I go to jail, then I will go to jail not based on my actions, but based on what I think..." The moron got what he wanted. They're sending him away on his actions, not what he thinks.

    As for the scare bit about "an extra 20 years for the terrorism..." that's a troll for getting the story picked up. Even if he had gone to trial, the extra 20 years isn't a mandatory thing - it's a maximum sentence of up to 20 years. In the end he probably would have ended up in the same spot or gotten an extra year. I can't belive this is even worth digging up again, but hey, it's a slow newsday.

  22. Re:seriously screwed up action by Aadain2001 · · Score: 5, Informative

    But the word "peaceably" is not attached to the right to free speech or press. It is only attached to the right for the people to peaceably assmble (ie, it's ok to stand outside Congress and protest something, but not ok to start a riot over it).

    You could argue that the "you can't shout fire in a crowded theather" refinement the Supreme Court has added would also cover bomb making instructions, but I disagree. You can't shout fire because it would cause direct damage to people (stampeed). But knowing how to make a bomb and posessing instructions on how to make a bomb and even sharing those instructions/knowledge does not cause direct damage to other people. A person would have to choose to make that bomb and then use it to hurt others. Let me highlight that special word: choose. Having knowledge or sharing it is not the same as hurting someone directly.

    --
    Space for rent, inquire within
  23. Pre-emptive strikes on free speech by sciper · · Score: 4, Insightful

    I would find it disturbing if this guy was arrested for posting the information himself. Regardless of the information posted, he hasn't actually committed a crime, nor from what I understand was he in a position encouraging others to perform violent acts. I'll draw a parallel to the likes of the Ku Klux Klan - what they believe and stand for is reprehensible, and they most likely discuss desires to physically harm others of racial minority status. However, talking and doing are two different things. There's a distinction between having a violent impulse and acting on it. If the government launches pre-emptive strikes on our freedom of speech in order to prevent future crimes, they have effectively set a precendent for the erosion of personal freedoms and liberties; once the rust has an 'in', it's only a matter of time before it consumes the body of its host in its entirety. Now, without a doubt, such pre-emptive strikes do indeed prevent crimes and save lives. It comes down to a choice of the society we wish to live in. Would one rather exist in a country where the government keeps a tight fist on all of our actions and communications, secure in the knowledge that violence has been reduced to near-non-existant levels? Or does one value freedom over life and live in a country where occasional acts of violence occur, but the dissemination of information and unhindered distribution of ideas reign free? In this age of the Ashcrofts and Patriot Acts, our historic battle cry of 'Give me Liberty or give me Death' seems to have already rusted away.

  24. Thomas Jefferson by Jack+Auf · · Score: 5, Informative

    the site caught the ire of the FBI for advocating the overthrow of the U.S. government.

    Let's see what Thomas Jefferson, one of the Founding Fathers on this nation, had to say about the subject.

    "I hold it, that a little rebellion, now and then, is a good thing, and as necessary in the political world as storms in the physical." Letter to James Madison, January 30, 1787.

    " . . . forbid we should ever be twenty years without such a rebellion. . . . And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms. . . . The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure." Letter to William Stephens Smith, Nov. 13, 1787.

    --
    "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety" - BF
  25. This isn't about freedom of speech or linking... by _bug_ · · Score: 5, Informative

    Warning: IANAL.

    First take a look at the search warrant issued against the home of Austin.

    What we see here is that he's being suspected of breaking two specific laws.

    18 USC 1030 - Computer Fraud

    Austin is charged under this because he was suspected of being responsible for several defacements which are detailed in the warrant. Looking at what's in the warrant there seems to be more than enough evidence to support this charge.

    18 USC 842(p)(2) - Unlawful Distribution of Information Relating to Explosives, etc...

    In the search warrant are several quotes from raisethefist.com in which information about explosives is provided along side some comments that encourage this knowledge be used against police officers.

    Here's the exact quote from 18 USC 842 (p)(2)(A):

    to teach or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence;


    Clearly what Austin did, provide information about explosives within the context of causing harm to others with said knowledge, falls under this law.

    From the information that I have available it seems very apparent that Austin did commit crimes under current US law.

    Now had Austin removed suggestions for use of this bomb making knowledge and just presented it in a separate, straight-forward format, he could not be charged under 18 USC 842.

    However, he still defaced some sites and thus is still in violation of 18 USC 1030.

    Remember, IANAL, but this seems pretty straightforward to me. No freedom of speech issue here.

  26. Re:seriously screwed up action by DeckardJK · · Score: 5, Informative
    Please... RTFA's Quote:
    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.
    He is cracking websites and trying to log into US Gov't servers. He also ran this website that contained info on how to build bombs. The wording for the /. post is incomplete at best... very misleading.
  27. Re:Freenet by Anonymous Coward · · Score: 5, Insightful
    http://eff.org/issues/usapa/

    I invite you to read that page.

    Here's a quote that defines just how many of your rights have been looted from under your ignorant feet

    USAPA authorizes the use of "sneak and peek" search warrants in connection with any federal crime, including misdemeanors. A "sneak and peek" warrant authorizes law enforcement officers to enter private premises without the occupant's permission or knowledge and without informing the occupant that such a search was conducted.
    Fourth Amendment? Who needs it, certainly not the helpful Government. They'll never abuse this power, only use it to fight Terrorists! Oh, and Drugs! Oh, and they'll use it to Save The Children!
  28. raisethefist.com archived by mblase · · Score: 4, Informative

    Naturally, raisethefist.com is pretty much devoid of content now. Fortunately for thos of us who like to know firsthand what the news is about, the Internet Archive has several backups of the site and what it's about.

  29. Re:This is bullshit Huh? RTFA by Tungbo · · Score: 5, Insightful

    So you think that a Disorderly Conduct and Unlawful assembly charge warrants a ONE YEAR sentence?

    Do you believe that the US WEF protesters were trying to commit sedition?

    There is a huge difference between opposing certain policies of a government and attempting to overthrow it. ( A ridiculous possibility in the case of the US ).

  30. Re:IN SOVIET RUSSIA..... by davesill · · Score: 5, Insightful

    That's a very valid point, but I think everyone has to admit that there is a slippery slope for freedom of speech. Our country has a tradition of civil disobdience, and it wasn't all peaceful. I'm wary of any government which is so worried about being overthrown. Earning the respect of the majority of citizens is the way to stay in power, not locking people up for distributing already widely available information.

  31. Re:Tough shit by ocelotbob · · Score: 5, Insightful
    No, asshole, 9/11 didn't change the fucking rules. The fucking rules still say that freedom of speech shall not be infringed unless it poses a clear and present danger. Period. Some kid in his bedroom is hardly a fucking clear and present danger to the country, thus the prosecution is a farce. I happen to disagree with what this kid says, but I realise that quashing speech I happen to disagree with is much, much more dangerous than some infinitessimal increase, if any, in security the arrest of this kid has provided. As for your support of racial profiling, what's your response to the paper that shows that it doesn't work?

    It's pseudofascist morons like you that are ruining this country, not the kid in his basement. So, I must ask you, if you don't like the laws of this country, such as the first ammendment, why don't you move to a country that has a legal system more to your liking? I hear that Iran doesn't allow any of that pesky questioning of authority, I'm sure you'd fit right in.

    --

    Marxism is the opiate of dumbasses

  32. Re:This is bullshit Huh? RTFA by c718333 · · Score: 5, Informative

    "Austin was arrested with other protesters at the World Economic Forum in New York in February 2002 on charges of disorderly conduct and unlawful assembly. "

    WTF are you talking about? Oh yeah, you didn't RTFA. [snip] He wasn't just preaching.. he was practicing what he preached. Therefore, he posed a REAL threat, not a virtual one.

    It has become increasingly difficult to practice our freedom of peaceful protest, so don't be so quick to write this guy off as a "real threat".

    I was at the WEF protest in NYC, too. Cops were turning some people away from the protest, pinning other people behind barricades and not letting them leave the protest, packing hundreds into some pens while leaving other pens with only a handful of people. Numerous people who disagreed were arrested. One cop nearly pushed me over when he hit me in the back with his club when I stopped to ask another cop for directions (politely) as we were leaving. . .

  33. Re:Freenet by TamMan2000 · · Score: 4, Interesting

    Why is it that CNN wouldn't ever show pictures of the injured of 9/11, yet as soon as theres a blown-apart Iraqi kid, it's all over the place?

    Maybe I am missing something, but what does that have to do with the left wing?

    Oh, I forgot, CNN has a terrible left leaning bias, is that it? It was really easy for me to forget that they were on the left while they were cheerleading for the war in Iraq. If CNN was really left leaning, they would have spent the entire time talking about why what we were doing was wrong.

    CNN did show pictures of the injured after 9/11, and they were no where near anti-war.

    Cry about the media bias all you want, It will not convince me that it exists until I find the things that they are saying to be to liberal more often than once a month.

    --
    "I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
  34. Re:seriously screwed up action by mrquicknet · · Score: 4, Funny

    I used to manage a movie theatre and on occasion when I was locking up and no one was there I'd shout "fire" a couple of times.

    I'm such the rebel.

    Please don't tell on me.

    --
    --------- Steve Martin once said, "Sex is the most natural, most beautiful, most wonderful thing that money can buy."
  35. For all the people looking for the hacking angle. by bons · · Score: 4, Informative

    Google on Sherman Austin and Hacking

    Pick your own site.

    "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."

    "Austin has also admitted to hacking into a number of websites to post anti-government messages."

    For those claiming this is a free speech issue alone, last I checked freedom of speech didn't include freedom of breaking and entering someone else's computer system in order to speak from their platform.

  36. Re:IN SOVIET RUSSIA..... by dipipanone · · Score: 4, Insightful

    It's all about context. He didn't say "here's how to make bombs, if you're interested", he said "let's overthrow the government, and a good way to do that is if you make your own bombs! Click here!"

    I don't see how that isn't protected speech. Lets be clear here. He wasn't plotting with particular individuals to carry out an act of terror or violence. He was saying that this goverment sucks and should be overthrown -- by violent needs if necessary. And should anyone think that's a good idea, then here's some information on how you can forward those aims.

    Now I don't think what he's proposing is a good idea by any stretch of the imagination. I'm a liberal democrat by persuasion, not a revolutionary anarchist. But the one thing I'd always admired about the USA was the way that political free speech is protected by the constitution and if anything counts as political speech, this guy's website does.

    The effect is that he's not providing the information out of general interest but he's intending that the information be used to create tools overthrow the government. Big difference there.

    Perhaps that's true, but it isn't a difference that I thought was prohibited by law. Americans in this forum often go on about how you need the right to bear arms in case of a tyrannical government. This case makes it pretty clear that even if you actually *had* a tyrannical government, the right to bear arms would be somewhat pointless because the ability to discuss with others the need to use them would render you liable to arrest and imprisonment.

  37. He was accused of a lot of things... by RationalAnarchist · · Score: 4, Interesting

    ...But, tellingly, he was only indicted on the count of sharing information on the construction of incendiaries.

    Do you really think that, had they had *real* evidence to link Sherman to some of the other crimes he's been accused of here (vandalising websites, trying to incite racial violence, hacking military computers, etc etc), that the FBI and prosecutors would have only been recommending 4 months in prison, especially in the current political atmosphere? Doubtful, highly doubtful. I've read the complete sentencing recommendation information - if half of what they *thought* he *might* have done had been remotely provable, they would not have accepted a plea bargain.

    Its also extremely easy to be charged with "disorderly conduct and failure to disperse" when you're at a political protest, whether you are committing a violent act or merely exercising your *right* to freedom of assembly and freedom of speech. It happens all the time, and not just to "unwashed anarchists".

    I have to admit, I'm biased - I'm a friend of Sherman's and know him to be not a frothing violent-tendencied lunatic, but one of the most gentle people I've ever known, who advocates self-defense against an increasingly-oppressive government. Considering his beginnings as a political activist (getting shot with rubber-coated steel shot while filming a MayDay parade turned police vs. civilian riot), I can't blame him.

    No, I do not advocate violent overthrow of the state. My anarchism is simple idealism, a hope for utopia tempered with the knowledge that utopia means "no place" in Greek. But still - a girl can dream, right?

  38. Re:IN SOVIET RUSSIA..... by commodoresloat · · Score: 4, Insightful

    First of all, speech advocating "regime change" is obviously political speech, whatever else you may say about it. Second, the courts have been clear that "incitement to violence" is a pretty high standard; they have made the distinction between advocating violence and instigating it, or between abstract doctrine vs. action. The Supreme Court has said pretty clearly that the danger that is created by the speech has to be likely to cause an immediate breach of the peace. It is hard to see how a website could do that, no matter what it advocates. This case is a clear violation of the first amendment protection of political speech through intimidation of the defendant.

  39. Re:From a European viewpoint by Jason+Earl · · Score: 4, Insightful

    This kid was demonstrating illegally (not a big deal), and it turned out he was wanted by the FBI for his website (still probably not too big a deal). The kicker came when they searched his parent's house and found bomb making materials.

    Once you start caching explosives, the equation changes somewhat.

    Ghandi, Martin Luther King, and Jesus were all a) right :), and b) decidedly non-violent. This kid was a crackpot, pure and simple.

  40. Re:This is bullshit Huh? RTFA by gorbachev · · Score: 4, Insightful

    Disorderly conduct or unlawful assembly are not felonies.

    He was convicted for a felony.

    Nothing I read in the CNN article said he was convicted for anything else but providing links to sites that, among other things, had bomb making instructions.

    The CNN article did NOT say he was advocating the use of bombs against the federal government.

    Now, in typical hack-journo way, the CNN article might have failed to mention all the facts about this case, but if I have to go with the information provided by the CNN article, he was convicted of expressing unpopular thought.

    There's probably more to the story, but if you RTFA, as you instruct, one can only assume John Asscroft is yet again managed to stiffle the freedom of speech in the name of national security.

    [I will resist the temptation of putting my usual .sig in here now, I could be arrested and convicted to 20 years in prison]

    --
    In Soviet Russia, I ruled you
  41. Its a search warrant! by riptalon · · Score: 4, Insightful

    In case you don't realise, this is where the police make up some plausible sounding stuff, go to a friendly judge and get him to rubber stamp it. Then they execute the warrant in an attempt to find some real evidense that will stand up in an actual court. In this case despite removing all the computers, books, and documents in his house they found nothing. Which is why he wasn't immediately charged with anything. In the end they were forced to fall back on the linking to information on explosives (18 USC 842) and scare him with threats of 20 years in jail into pleading so they never had to present any evidense at all. He has only been convicted under 18 USC 842 and therefore I think we can safely assume that the computer fraud stuff was just something they used to pad out their search warrant with. This is purely an issue of free speach (linking to information the US government doesn't like) since that is the only thing he has been convicted of.

  42. Re:IN SOVIET RUSSIA..... by Yet+Another+Smith · · Score: 4, Insightful

    You're right that not all civil disobedience was peaceful. Its also true that there was a great deal of civil disobedience that was very noble in aim. There was also a great deal more that was, in the parlance of our Pres, evil.

    In most parts of the country it is now illegal to burn a cross. This is because in most cases the burning cross was effectively a death threat. It was speech, and might even be considered protected political speech under some circumstances, but it is also intended to dissuade people from excercising their rights through acts or threats of physical harm.

    I have not read his website, but most descriptions in the articles listed here seem to indicate he was advocating the overthrow of the US government, and linking to bomb-making instructions. This could easily be interpreted as exhorting people to plant bombs to disrupt, what? Elections? Courts? I vote in a predominantly Republican area. If his friends, or some ELF or ALF types want to discourage people from voting GOP, would they set off a bomb in my precinct? (probably not, becuase mine is not nearly high-enough income to attract their attention, but its a useful thought experiment)

    His motives are 'populist' and 'left-wing' and may be aligned with the motives of many here, but his actions are very similar to those of the folks out in western North Carolina who have just recently had to take down their 'Run Eric Run' signs from their front yards. He's not Eric Rudolph, but his actions are only different from some of Eric's supporters if you think along the lines of 'its OK for US, but not for THEM.'

    This guy is in one of those nasty little gray areas that make public policy a difficult thing, but I do think its a bit easier to make these distinctions when you realize that 'those harmless kids who want to make the world a better place' are not so different from 'those neanderthal right-wing reactionary muther-f*$kers'. They use a lot of the same rhetoric that this guy uses. Just the book their quoting to justify their actions has a black cover, not a red one.

    Remember, I'm not calling this guy Eric Rudolph. And certainly he shouldn't be given a 20 year terrorist sentence - indeed I think the judge was wrong for superceding the prosecutor's recomendation of 4 months. However, this guy was real close to the boundary between harmless and horrific.

    --
    if ($it != $onething) {$it = $another;}
  43. Re:IN SOVIET RUSSIA..... by Golias · · Score: 4, Interesting
    I think everyone has to admit that there is a slippery slope for freedom of speech

    I am always suspicious of "slippery slope" arguments, because they are almost always used to defend radical positions. The "slippery slope" argument usually says "we can not allow these modest, sensible, and moderate restrictions to $FREEDOM, because they will surely lead to fascist, insane, extreme limitations of $FREEDOM," and is applied to gun control ("take away our rocket launchers, and our hunting rifles will be next!"), abortion ("require that abortions be performed by medical doctors, and soon nobody will be allowed to perform them!"), religion ("look, any government with the power to say that I can't perform ritual sex acts on children can turn arround and say you can't drink sacramental wine!"), and speech ("once they are done rounding up all the people trying to incite violent revolt against the government, the publishers of Reason magazine had better watch their ass!")

    It is also frequently used by the big-government extremists to hold on to powers they should not have; such as with drug laws, "If we legalize marajuana, then it's just a matter of time before they will have crack cocaine in convenience stores!" environmental protection, "If the people who want to log these 200 acres are allowed to win, soon they will be strip-mining Yellowstone Park!" and again, with abortion, "if you allow abortions in cases of rape and incest, then every woman who wants an abortion will just claim she was raped, so it will be the same as allowing all abortions!" You get the idea.

    My point is, you almost never hear the "slippery slope" argument applied to defend a position which can stand on it's own merits, removed from the political ideology for which it was chosen as a battleground.

    --

    Information wants to be anthropomorphized.

  44. Wrong by ultraslacker · · Score: 5, Informative

    GWB has used the phrase "with us or against us" several times.

    Q Mr. President, does it appear that Iran is flexing its muscles in Western Afghanistan, and does that threaten the U.S. war on terrorism in that region?

    THE PRESIDENT: Well, first of all, Iran must be a contributor in the war against terror; that our nation and our fight against terror will uphold the doctrine, either you're with us or against us; and any nation that thwarts our ability to rout terror out where it exists will be held to account, one way or the other.

    Source - vote-smart.org presidential speeches page
  45. The Purpose of Government ... by Lucas+Membrane · · Score: 4, Insightful
    is to protect the rights of the people. When it does not do that, it is the right and duty of the people to alter or abolish the government. Thomas Jefferson said that. (cf Declaration of Independencs)

    It is not against the law in the U.S. to advocate the overthrow of the government. REPEAT: It is not against the law in the U.S. to advocate the overthrow of the government.

  46. Re:IN SOVIET RUSSIA..... by Hatta · · Score: 5, Insightful

    And what exactly is wrong with violent overthrow of the government? Thomas Jefferson said "The tree of liberty must be regularly watered by the blood of patriots." (to paraphrase) It is the tendency of government to become entrenched and intractable to the point where only violent revolution can make a difference. The USA was a "great experiment" to construct a series of rules (a constitution) that would hopefully prevent the need for violent revolution. Whether you count this experiment as a success or failure, I don't see how in good conscience you can forbid someone to advocate a solution to a problem they percieve.

    Why for instance is it ok for GWB to advocate, and actually accomplish the overthrow of an atrocious government that he is not even a citizen of, whereas this fellow cannot even speak what is in his mind the only solution to repair the very government he lives it? The gov't must not have a monopoly on violence. Of all the groups, politicians are the least worthy to handle it.

    --
    Give me Classic Slashdot or give me death!
  47. Two things to remember in a raid... by nacturation · · Score: 4, Informative

    First, if you're ever arrested and read your rights, the person reading them will conclude with something like "Do you understand these rights as I have read them?" The correct answer to this is always, "No, I don't." This isn't being facetious either -- without a background in law and how the exercise (or not) of those rights will affect your legal position, you are in no way capable of understanding the full ramifications.

    Secondly, if you're ever in a position where you're being interrogated, the answer to any question is always, "I want my lawyer." Never, under any circumstances, agree to anything unless you have first spoken to your lawyer. Oh, and here's a freebie... even if you have 25 heavily armed agents in riot gear storming your house, remember this piece of advice: right after you shit your pants, always ask to see their search warrant. No warrant, and they'll need to take that double-barrel shotgun elsewhere, thank you very much.

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  48. This is what's scariest... by Phil+John · · Score: 5, Insightful

    (5) he cannot associate with any person or group that seeks to change the government in any way (be that environmental, social justice, political, economic, etc.)

    That to me sounds like they're encroaching on rights to freedom of political expression, without fear of reprisal by those in power (going back to federal pound-me-in-the-ass prison).

    It's in the same ballpark as some corrupt african states where people either support the government, live as a political exile or face the prospect of being torured and/or killed.

    Ok, so nobody is being tortured or killed in the USA (that's what happens in Cuba at Guantanamo, and a whole other kettle of fish), but this man's right to change the government should still be respected. We all have that right, whether we know it or not, we get to vote in another government if the current one makes a right pig's ear of the job.

    The right to political activism and peaceful protest should be a given in any country that truly deems itself "free".

    --
    I am NaN
  49. Re:Freenet by DarkZero · · Score: 4, Insightful

    Lets say, a few months ago, you were on one of those trams at an international airport, and you see some guy standing close to you who happened to look Oriental (or is the PC term Asian?), with luggage tags from Beijing on his luggage. This guy is coughing up a storm and not caring about who's around him. Would you suspect him of having SARS or would that be "racist"?

    No, I wouldn't, because I would think logically and realize that SARS, even at its peak, was several hundred or thousand times less common than the common cold in Asia. It's called the "common cold" for a reason. The same reason why SARS was not called "common SARS".

    You see two Middle-eastern fellows with a rented U-haul truck pulling up to a farming store and buying dozens of bags of fertilizer. Would you call the FBI, or would that be "racist"?

    Why would I call the FBI? Two brown guys buying fertilizer, as well as having easy access to fertilizer, is a daily occurrence. The vast majority of the lawn care guys in my entire state are either dark Hispanics (usually Mexicans), Arabs (which, from my perspective, look a lot like dark Hispanics), or some other form of immigrant trying to find cheap work to support their families. Do you call the FBI every time you see a Middle Eastern man at a gas station, because he has access to large amounts of flammable materials that could be used to set fires all over town? I hope not.

    SARS and terrorism are both very rare things that don't happen nearly as often as an Asian man having a cold or a Arab buying some fertilizer. Only through the eyes of media hype, racism, or stupidity does a man buying some fertilizer become an act of terrorism. I also find it somewhat suspect that you assume that two Middle-Eastern men buying dozens of bags of fertilizer is suspect, since the last man to commit a terrorist act in the United States using fertilizer was Timothy McVeigh, a white man who was assisted by other whites. Should we worry whenever ANYONE buys fertilizer, or just calm down and understand that ordinary occurrences like people buying fertilizer don't suddenly become abnormal or terroristic acts just because of September 11th?

    Nowadays, everyone is so worried about political correctness and not hurting anyones feelings that they are putting themselves and their country in danger. Teachers are being told what words they can and cannot say because they might "offend" someone.

    Instead of being told not to say it, did you ever consider that maybe they just think differently from you? I know that some people would like to think that they're in some sort of oppressed, secret majority that thinks that racism is alright and that the racist answer is always a more logical one than an Asian man just having a cold, but a lot of us really don't think that way. We don't jump to race as the first answer, and instead of not wanting to offend anybody by saying it, we just don't even think about it in the first place.