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FBI Investigates Open Records Request

GrooveMoose writes "A university student at the University of Texas makes an open records request for information on the underground tunnel system at the school. A few months later the FBI and Secret Service come knocking on his door to see if he's a terrorist. He's still under investigation by the federal government regarding a completely open request."

103 of 860 comments (clear)

  1. What's the problem here? by LostCluster · · Score: 5, Insightful

    Clearly, some paper-pusher at the university office freaked that somebody was using The Freedom of Information Act to force them to release information about their underground tunnels... most likely because the feds told universities to call them if anybody makes requests for information about campus infrastructure.

    And, let's face it... even though it's perfectly legal to file a Freedom of Information Act request, doing so for topics like this totally out of the blue is certainly suspicious activity.

    One thing to point out is that the agents called and said they wanted to speak with the student, but it doesn't appear they ever arrested him. That means he could have told them that he wasn't interested in meeting with them, or he could have walked out of the room at any time. He also could have at any time brought in a lawyer.

    The moral of the story is that if you ask for some creepy information, and it's not exactly clear why you asked for it, then the FBI and Secret Service are going to have some questions to ask you, and they'll open a file on it. They won't deprive you of any of your freedoms over that alone... being confronted by men with badges who are looking for you may be a scary thing, but he could have just as well told them to leave him alone and they would have had to. He agreed to meet with them, so that's that.

    1. Re:What's the problem here? by Metallic+Matty · · Score: 4, Insightful

      And, let's face it... even though it's perfectly legal to file a Freedom of Information Act request, doing so for topics like this totally out of the blue is certainly suspicious activity.

      So basically what your saying is, regardless of what you may actually plan on doing with that information, you should automatically be considered suspicious and investigated? Its like assuming that someone is guilty of being a terrorist until proven otherwise. That's bullshit.

      God forbid someone actually USE the freedom of information act!

    2. Re:What's the problem here? by Zork+the+Almighty · · Score: 5, Insightful

      Request all the knowledge you want, but just be aware that they are watching you.

      America, land of the secure (formerly the land of the free).

      --

      In Soviet America the banks rob you!
    3. Re:What's the problem here? by Geoffreyerffoeg · · Score: 4, Insightful

      Nobody ever said the student was guilty of anything.

      No, you are innocent until proven guilty. There's only one way to prove stuff; investigation. God forbid we declare everyone permanently innocent and unfair to even think they might be guilty. The Catholic Church got it with the Devil's Advocate; he attempts to find any negative information about a beatified person on track to sainthood. That's not BS, that's common sense: humans will be human.

    4. Re:What's the problem here? by Anonymous Coward · · Score: 5, Insightful

      They didn't arrest anyone or deny anyone their freedom or civil rights. They're investigating possible suspicious activity on a campus that has thousands of people on it.

      Are you suggesting the proper thing to do is to wait until something bad happens? Or to investigate completely in secret so as not to hurt the feelings of the principal person involved?

    5. Re:What's the problem here? by metlin · · Score: 4, Insightful

      Well, it's most likely that they have certain types of information that act as trigger points - you seek those and someone might just take notice.

      The point is that they perhaps figure that it is better to be prudent and be careful, rather than let be swept under the Freedom of Information act.

      He was just interrogated - if his freedom were taken away, or if he was warned or if something along those lines had happened, I can understand your reaction.

      However, he was interrogated because the law enforcement is being careful (and maybe justifiably so), or maybe they are acting on the basis of some kind of information that we do not know about (who knows, they may have received threats or information of such a possibility) and over-reacted because of that.

      The truth is, we will never know. I'm not saying that what they did was right, but it was not wrong either. Its just being cautious, and I do not see anything wrong in law enforcement being careful.

    6. Re:What's the problem here? by Chess_the_cat · · Score: 5, Insightful

      The government just can't win. I'm not saying this student is a bomber or was planning to shoot up the school but just for argument's sake let's say he was. He gets information on the tunnels and places a bomb in them. The bombs go off and the school blows up. Then the FBI discovers that the student requested information on the tunnels but no one flagged it as unusual. What happens next? All the newspapers are filled with stories about how the FBI are incompetent. I mean look at the inquiry going on now regarding 9/11. Remember Columbine? The sheriff's department there were villified for "not seeing the warning signs." So what kind of solution do you propose? Personally, I don't have a problem with the FBI simply talking to this guy just to clear the situation up before anything happens.

      --
      Support the First Amendment. Read at -1
    7. Re:What's the problem here? by Catamaran · · Score: 4, Insightful

      The question you have to ask yourself is what is the potential for abuse. Suppose that J. Edgar Hoover wants to give you a hard time. You recently checked a book out of the library on midevil catapults (or fertilizer, tide tables, or whatever). He sends agents out to talk to your friends, business associates, employer, etc. to ask about "suspicious activities" and the next thing you know you are friendless and unemployed.

      --
      Test 1 2 3 4
    8. Re:What's the problem here? by GlassUser · · Score: 4, Insightful

      I believe they're also missing a crime.

    9. Re:What's the problem here? by petabyte · · Score: 5, Funny

      Actually, the best quote of that I saw (I believe I saw it as someone's sig here) was:

      Welcome to America, Land of the Free*

      *Some restrictions apply, void where prohibited.

    10. Re:What's the problem here? by fenix+down · · Score: 4, Insightful

      innocent until proven guilty

      And a suspect until proven innocent.

    11. Re:What's the problem here? by Twilight1 · · Score: 3, Insightful

      So, you're saying that asking why he wears long hair is relevant to making sure he's on the "up and up'? Sorry, I don't think so. This is harassment, pure and simple. It's part of the right doing its job to reshape the US into their own little theocratic image. This scares the hell out of me. I wonder how long until some G-man is asking people why *I* wear long hair, am a member of the EFF, and outwardly encourage the removal of the current unelected administration.

      -Twilight1

    12. Re:What's the problem here? by the_mad_poster · · Score: 4, Insightful

      If the underground tunnels are that critical, or a weak point in the infrastructure and hold the potential to facillitate a disaster, they need to be protected, not just hidden away. Keeping that information from someone looking to cause harm will not help anything.

      I hate this attitude... you can investigate people right up the asshole with a flashlight everytime someone makes a "funny" request, but if the problem is that you're not protecting the goddamn thing in the first place, then you're not going to stop anyone. You can't just investigate everyone who comes into the bank and leave the vault wide open and expect to not have a problem.

      Here's a thought for you: what if this guy was just a decoy to see if they could get the information, and now the mysterious, miscellaneous "evildoers" are just going to jump the fence with dynamite in their backpacks? What good would the FBI sticking it's nose into FOIA requests do then?

      As usual, the people in charge are just covering up the fact that they're ignoring the real problems by pretending to protect us through this sort of bullshit...

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    13. Re:What's the problem here? by scdeimos · · Score: 3, Interesting

      Yes, we may never know the reason FBI and Secret Service chose to investigate this Open Records request. Yes, perhaps they are investigating another case regarding a perceived threat to the campus and this was considered to be linked to that case. I'm fine with that.
      But then: why did they both refuse FOI's on what they have already gathered about Mr. Miller? Shouldn't he be entitled to that?

    14. Re:What's the problem here? by nexex · · Score: 4, Informative
      > a suspect

      i believe the chic term is 'person of interest' -- that releases them from liability while investigating him

      --
      Winter 2010: With Glowing Hearts
    15. Re:What's the problem here? by squiggleslash · · Score: 5, Insightful
      I'm squiggleslash and I approve this message.

      I think a certain degree of discretion is absolutely necessary. Not only does it hurt the reputation of someone to be "under investigation by the FBI" but it's especially unfair to the person under investigation when no crime has even been committed.

      --
      You are not alone. This is not normal. None of this is normal.
    16. Re:What's the problem here? by DA-MAN · · Score: 4, Insightful

      Are you suggesting the proper thing to do is to wait until something bad happens? Or to investigate completely in secret so as not to hurt the feelings of the principal person involved?

      Agreed! The constitution does not guarantee you the right to not have your feelings hurt.

      He agreed to meet with them, he has not been arrested or lost any of his rights.

      If you want information that could be used in an extremely bad way, be prepared to be harrassed about getting that information. If he is in fact a terrorist and blew up a bunch of people, I am sure many of the same people who are all up in arms about the investigation would be pissed at the FBI . I mean shit, he made the request for the information IN THE OPEN!

      With these asshat's, you're fucked if you do and fucked if you don't...

      --
      Can I get an eye poke?
      Dog House Forum
    17. Re:What's the problem here? by Anonymous Coward · · Score: 3, Funny

      I wonder how long until some G-man is asking people why *I* wear long hair, am a member of the EFF, and outwardly encourage the removal of the current unelected administration.

      Now that you mention it, why do you, Mr. Anderson?

      --
      Agent Smith

    18. Re:What's the problem here? by ekuns · · Score: 5, Insightful

      No, you are innocent until proven guilty

      With the Patriot Act, this isn't so much true any longer. It depends on whether the FBI was investigating under normal laws or under Patriot Act laws. Consider that the Patriot Act allows our government to hold people without charging them, without admitting they are holding them, and without warrant. This is why people worry about kinds of things like this story.

      All that said, it's reasonable for the FBI to investigate certain kinds of FOIA requests, and this one seems reasonable to at least quickly investigate. If someone bought a couple tons of the kinds of fertilizer that can be used to make weapons, the FBI should at least quickly look into that as well.

      This doensn't mean the student did anything wrong, nor that the FOIA request should be ignored.

      (And I'm not saying you said any of that! I'm just using your post as a jumping off point.)

    19. Re:What's the problem here? by D'Sphitz · · Score: 3, Insightful

      Oh come on, I bet in the next breath you shout about how 9/11 could've been prevented. Damned if you do, damned if you dont.

      There would be no excuse NOT to follow up on request like this, or information regarding the structure of any public buildings, power plants, infrastructure, or nuclear weapons, chemical weapons, biological agents, bombs, etc.

      What would you say if McVeigh made a similar request that was ignored by officials prior to blowing up the federal building? Take off the tinfoil hat and step outside your box.

    20. Re:What's the problem here? by fenix+down · · Score: 3, Funny

      What would you say if McVeigh made a similar request that was ignored by officials prior to blowing up the federal building?

      I suppose asking about the UT basement is a good way to misdirect law enforcement if you're planning to blow up a federal building in Oklahoma.

    21. Re:What's the problem here? by eliza_effect · · Score: 4, Insightful

      The issue here, to me, isn't that the student was investigated, but that the FBI can use the (perpetually) "open" investigation to deny FOIA requests.

      Investigating a "suspicious" request is one thing, and in that the FBI did nothing, however to then deny the request, after having investigated and found no foul-play or cause for alarm, is the dangerous part.

    22. Re:What's the problem here? by ArbitraryConstant · · Score: 3, Funny

      My proposed solution is for everyone to behave suspiciously. This will increase the noise level and reduce the benefit of investigations like this.

      Sign books about explosives out of the library. Go around calculating the heights of buildings. Do stuff that's perfectly 100% legal, but still suspicious.

      --
      I rarely criticize things I don't care about.
    23. Re:What's the problem here? by thogard · · Score: 3, Insightful

      The hatred isn't because the US is doing better, its because the US won't keep its nose out of everyone elses business.

    24. Re:What's the problem here? by fenix+down · · Score: 4, Interesting

      9/11 wasn't really terrorism, either. At least not how it's conventionally thought of. Al Quaeda has about as much in common with Hezbolla or something as the US Army does.

      None of these people really felt harmed by us, even in their own heads. The motivation is more along the lines of a script kiddie. The US is the target because it's the greatest challenge. The logic of the attacks isn't to cause damage, death, or even really fear. It's more the elegence of the plan itself that's the deciding factor. Hence the embassies exploding simultaneously and trying to film your exploding tugboats. There's no reason to do that, other than that it's cool.

      That's pretty much Ramzi Yousef's fault. He's tough to understand, but he's the guy behind pretty much everything big Al Quaeda's ever done and/or tried. The first WTC bombing, the dozen simultaneous exploding airliners crashing into the CIA building at midnight on New Years, and then sticking those two together, 9/11. This is why Osama looked so much like just a fundraiser up until recently. You have trained engineers coming up with crazy shit like that, and then you also have tens of thousands of 6th-grade-educated gun-nuts from the Arab equivailent of Michigan running around doing obstacle courses and then training random bunches of people in what are essentially US military tactics. They end up meshing pretty damn well, but it's not intuitive.

      This is why Al Quaeda gets so much attention. They're just very, very good at blowing shit up and killing people, and they have no ideology. It's "the base", the vision is that they teach anybody who wants to know how to cause as much damage as is humanly possible. The Anarchist's Cookbook transformed into a university with grant money and facilities and everything.

      Because that's there (and it just moved in with the Pashtuns now, invading Afghanistan did about shit) it's doubly important not to piss anybody off. It's ok to kill Luke's dad as long as you're the Empire, but once fucking Obi-Wan is hanging around in the caves in western Pakistan handing out free lightsabres and midichlorians to every dumbass that wanders in, you better make damn sure not to give anybody a reason to head down there.

    25. Re:What's the problem here? by a+whoabot · · Score: 5, Informative

      The FBI WANTED to investigate the Bin Ladens before the 9/11 attacks because they suspected a plot. However, Bush and his administration blocked the investigation for unknown reasons. A head FBI official even resigned because he was so frustrated that they couldn't investiage what they say clearly as troublesome activities.

      http://www.gregpalast.com/detail.cfm?artid=103&row =0

      http://www.guardian.co.uk/Archive/Article/0,4273,4 293682,00.html

      http://www1.timesofindia.indiatimes.com/cms.dll/ar ticleshow?art_id=1030259305

      http://dir.salon.com/politics/feature/2001/09/12/b ush/index.html

      Don't blame the FBI for not investigating, blame the justice department and the higher ups.

    26. Re:What's the problem here? by caitsith01 · · Score: 3, Insightful

      "If you want information that could be used in an extremely bad way, be prepared to be harrassed about getting that information."

      Bullshit. If information is so bad that it is likely to be used only by a terrorist, then it should (and is) subject to various secrecy provisions. At some point, however, information is just information and without any surrounding circumstances or evidence to make a request suspicious, there is no reason to investigate it.

      Furthermore, as a number of people have pointed out already, it has a chilling effect on the use of Freedom of Information laws if you have the G-men knocking on your door every time you make a request. I would have thought that the recent photos coming out of Iraq would give you some idea of why the intelligence/federal law enforcement-type agencies aren't exactly trustworthy.

      Also, I feel some people aroud here would do well to read up a little about Senator McCarthy and his un-American Activities hearings. You don't have to actually *do* anything to have your life ruined in the land of opportunity...

      --
      Read Pynchon.
    27. Re:What's the problem here? by medelliadegray · · Score: 4, Insightful

      "So, tell me, do you blame the Bush administration for 9/11? Do you think they did enough to stop the terrorists?"

      honestly, i have not followed what the bush administration did (or didnt do) prior to 9.11 to make an informed opinion.

      what i do know is that much of the police-state-like policy that was REACTIVELY put into effect following 9.11 is incredibly unnerving.

      Loss of our liberties at the cost of an illusion of increased safety is crazy. especially over a mere few thousand deaths. Many times more people die every year to drunk drivers in the us. Should the feds start questioning someone who comes in and buys a couple bottles of liquor? or perhaps only the people who buy 40 proof or higher? How do you differentiate from someone who will drive while intoxicated, versus someone who will not--perhaps the slobby unkept ones? we better question them at least, just in case one of them kills a family on their way home from church. After all, wyoul you rather we question them, or wait to question them after a family is dead!!!

      i suppose when the day comes around that computers can be used for reliable voice recognition--perhaps we should let the feds wiretap everyone, and screen and then interview people based on combinations of worse used in conversations, or their accents? Hell, if we investigate everyone as it will potentially prevent a disaster.

      fools.

      --
      Troll, Troll, go away and flame again some other day
    28. Re:What's the problem here? by HybridJeff · · Score: 5, Insightful
      How many people died in the attacks, and how many people have died in this so called "war on terrorism?"

      Those are lives too (lots of which were innocent).

    29. Re:What's the problem here? by delong · · Score: 4, Informative
      That is false.

      First of all, there is no such distinction between "normal laws" and "Patriot Act laws". The Patriot Act IS the law, modifies existing laws, or expands existing jurisdiction.

      Second of all, the Patriot Act demonstrably does not give the FBI the power to detain people without charge, without admitting they are holding them, and without warrant. That is pure, ignorant FUD. What the Patriot Act does do, is expand the Immigration and Naturalization Act to allow the FBI to detain a suspected terrorist ALIEN PERSON until they can be deported, or criminal charges brought against them. The term of that detention is LIMITED, and must be DISCLOSED to Congress.

      The relevant text is below, from the Patriot Act.

      SEC. 236A. (a) DETENTION OF TERRORIST ALIENS-
      `(1) CUSTODY- The Attorney General shall take into custody any alien who is certified under paragraph (3).
      `(2) RELEASE- Except as provided in paragraphs
      (5) and (6), the Attorney General shall maintain custody of such an alien until the alien is removed from the United States. Except as provided in paragraph (6), such custody shall be maintained irrespective of any relief from removal for which the alien may be eligible, or any relief from removal granted the alien, until the Attorney General determines that the alien is no longer an alien who may be certified under paragraph (3). If the alien is finally determined not to be removable, detention pursuant to this subsection shall terminate.
      `(3) CERTIFICATION- The Attorney General may certify an alien under this paragraph if the Attorney General has reasonable grounds to believe that the alien--
      `(A) is described in section 212(a)(3)(A)(i), 212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i), 237(a)(4)(A)(iii), or 237(a)(4)(B); or
      `(B) is engaged in any other activity that endangers the national security of the United States.
      `(4) NONDELEGATION- The Attorney General may delegate the authority provided under paragraph
      (3) only to the Deputy Attorney General. The Deputy Attorney General may not delegate such authority.
      `(5) COMMENCEMENT OF PROCEEDINGS- The Attorney General shall place an alien detained under paragraph (1) in removal proceedings, or shall charge the alien with a criminal offense, not later than 7 days after the commencement of such detention. If the requirement of the preceding sentence is not satisfied, the Attorney General shall release the alien.
      `(6) LIMITATION ON INDEFINITE DETENTION- An alien detained solely under paragraph (1) who has not been removed under section 241(a)(1)(A), and whose removal is unlikely in the reasonably foreseeable future, may be detained for additional periods of up to six months only if the release of the alien will threaten the national security of the United States or the safety of the community or any person.
      `(7) REVIEW OF CERTIFICATION- The Attorney General shall review the certification made under paragraph (3) every 6 months. If the Attorney General determines, in the Attorney General's discretion, that the certification should be revoked, the alien may be released on such conditions as the Attorney General deems appropriate, unless such release is otherwise prohibited by law. The alien may request each 6 months in writing that the Attorney General reconsider the certification and may submit documents or other evidence in support of that request.
      `(b) HABEAS CORPUS AND JUDICIAL REVIEW-
      `(1) IN GENERAL- Judicial review of any action or decision relating to this section (including judicial review of the merits of a determination made under subsection (a)(3) or (a)(6)) is available exclusively in habeas corpus proceedings consistent with this subsection. Except as provided in the preceding sentence, no court shall have jurisdiction to review, by habeas corpus petition or otherwise, any such action or decision.
      `(2) APPLICATION-
      `(A) IN GENERAL- Notwithstanding any other provision of law, inc

    30. Re:What's the problem here? by Anonymous Coward · · Score: 4, Insightful

      9/11 COULD have been prevented. Not by more surveilance but by being just a little more tolerant of other people's cultures, by not giving money to Osama Bin Laden to kill Russians, by not giving Pakistan F-16s and money for subverting democracy, by not viewing the world though your Christian-Western prism of Black & White, Good vs Evil, With-us-or-against-us philosophy, and by not taking one isolated incident in COuntry X and using that to totally define Country X. Oh and finally, torturing prisoners Nazi-style may also cause some foreigners to start hating u. And the sad part about this all, is that there is going to be a sizable population within USA that won't be the least bit disgusted by these pictures, and will probably feel that this is what those 'sand-niggers' deserve.

    31. Re:What's the problem here? by SuprChickN · · Score: 4, Insightful

      Yes, we wait for bad things to happen. This is the basis of our legal system. People are not to be punished for what they think, feel, say, or for any reason that is not a direct transgression of the law. Public principles dictate that we are punished for actions, and actions alone, when they are contrary to widespread public opinion regarding what people should and should not do (the law). This is the only way to maintain a principled system and guarantee freedom. As a principled system, actions are not measured against what they could lead to. This is freedom. Have we forgotten? Yes, certain actions can have devastating results but this is the cost of being free. A principled system of law cannot prescribe the harassment of individuals for accessing information. When you have the government watching you for activity that is in and of itself unharmful and legal, how can you say you live in a free country?

    32. Re:What's the problem here? by rbrome · · Score: 3, Insightful

      My proposed solution is for everyone to behave suspiciously. This will increase the noise level and reduce the benefit of investigations like this.

      Sign books about explosives out of the library. Go around calculating the heights of buildings. Do stuff that's perfectly 100% legal, but still suspicious.


      Funny? Funny?? Who in their right mind would mod this as funny? F--k you. And not because I disagree, but because my life quite literally depends on it.

      "... reduce the benefit of investigations..."

      Believe me, I do take privacy seriously, but this person is promoting intentionally and actively hampering the ability of the FBI to find terrorists. You are actually saying that we should all work ACTIVELY to help those with ill intent get away with their VERY deadly deeds.

      How can you possibly defend such a position? How can the moderator possibly defend a "Funny" rating?? This not funny; this my mortality you're joking about.

      I am a liberal, and I can't stand Bush, but I can't possibly fathom your stance, (poster or moderator,) which I feel actively encourages terrorism.

    33. Re:What's the problem here? by CmdrGravy · · Score: 4, Insightful

      "We apologized for the torture, because apologizing was the right thing to do"

      I watched George Bush's statement to the Arab world and it didn't include any apologies so far as I heard, he said it was abhorrent, un-american etc but not "Sorry".

    34. Re:What's the problem here? by Anonymous Coward · · Score: 5, Insightful

      The motivation is more along the lines of a script kiddie

      +4 Interesting? what are people actually buying this bull shit?

      Al Qaida aren't fucking script kiddies. They're not doing this for the "thrill" of it. They want to destory Western Culture because it directly conflicts with their radical views Islam.

      None of these people really felt harmed by us, even in their own heads

      That's exactly what they felt! it's why they want to destory western culture, which the U.S is the forefront of. Western culture is in direct conflict with their core beliefs! Almost Everything that defines Western Culture is the anti-thesis of their ideology. From Sex to Freedom of Choices such as Abortion and Religon.
      The guys that flew the plane aren't some 'kiddies' who decided to take a plane and fly it into a building for the 'sheer challenge of defeating America'. They are fucking radicals who believe the U.S is the devil incarnate and they believed they were serving Allah in destroying the devil! Everytime a Macdonalds opens up in the middle east Qaida gets new recruits, not because it's 'fucking cool to blow up stuff'. It's because they believe America is corrupting their society and infecting their people, who they believe are suppose to be following the Koran word for word. Because fundamentalist nuts are like that.
      Why am i even bothering to explain why Al Qaida do what they do? Do i really need to explain the motivation behind Al Qaida? i guess so cause apparently now they are likened to 'script kiddies'...wtf...

      They hate us. Do you understand that concept? they want us destroyed. Not for fun, not cause it's a challenge. They want us gone because our beliefs don't fit with theirs and in fact conflicts with theirs! and they don't want our beliefs and way of life "infecting" their society.
      I mean the church and kings only did the same fucking thing for hundreds of years throughout Europe, That is trying to destroy those that would conflict with their beliefs. Which is why everyone fled to America in the first place. But i guess the Popes back then were just glorified script kiddies.
      The logic of the attacks isn't to cause damage, death, or even really fear. It's more the elegence of the plan itself that's the deciding factor.
      the elegence of flying yourself into a building? or ramming your truck filled up to the hilt with semtex into a building? that's elegant? the deciding factor is that they believe they are doing god's will. The logic of the attack is that they are on a crusade, they are holy warriors. What you're implying is they are like the fucking morons from JackAss!

      Hence the embassies exploding simultaneously and trying to film your exploding tugboats. There's no reason to do that, other than that it's cool.

      other than it's cool? So Al Qaida are determined to destroy western culture cause it's the cool thing to do? or wait...maybe just maybe they are trying to punk'd the U.S.! ...wtf

    35. Re:What's the problem here? by Anonymous Coward · · Score: 5, Insightful

      I'm sorry, you mean you take the war on terror seriously?

      Jeez; I wasn't aware that more buildings had been attacked, or that any convictions were made to stick with any of the thousands of detained individuals after the attacks.

      You can walk around being paranoid all the time and letting the SS do whatever they like to you and submit to anal probes too for all I care, but some of us really aren't into having to hide our curiousities.

      I should be allowed to ask about how a tunnel was built; it might be MY life in danger if there's a problem, it might be MY safety.

      Go do some research; how many people in the US die every year from engineering failures, and how many die from terrorist events.

      Get over yourself.

      (I'd love the karma from this; but I'm not into the hatemail from the morons)

  2. US Gov. not serious about War on Terror by DAldredge · · Score: 3, Insightful

    The US goverment can not secure our borders, yet they are going after people that file FOIA requests.

    Someone please explain to me how in the hell that make sense.

    1. Re:US Gov. not serious about War on Terror by metlin · · Score: 4, Insightful

      Maybe because real threats are likely to come from within rather from outside?

      Its almost impossible to enforce complete border regulation, and making it strict only flies in the face of the US policy of being open to immigrants.

      Most of the real threats come from people who have entered US through legal means, or are already inside the US. And the reason they questioned this guy is not because he sought some information, its the kind of information that he sought - they merely thought that kind of information could be used for other purposes, and were careful.

    2. Re:US Gov. not serious about War on Terror by DAldredge · · Score: 3, Insightful

      Most of those crimes you mentioned are state/local crimes. Let the states handle them.

      The US goverment is tasked with the job of guarding our borders. We are currently using a much higher level of tech on guarding the borders of Iraq and Afg. then we are using to guard our own borders.

      I would think that someone crossing our borders with a man portable missile is a much greater potential risk than a college student asking about some tunnels.

  3. Sounds fair to me by Anonymous Coward · · Score: 5, Insightful

    Consider what people would say if a terrorist requested the information for a tunnel system under a school, and the FBI didn't investigate it? It's not like they were tracking this guy's every move. He requested someone rather unusual, and they checked it out as they should.

    1. Re:Sounds fair to me by next1 · · Score: 3, Insightful

      i agree, it's the nature of the request.

      the article specifically says that the tunnel network was made secret as a result of 9/11 (along with the surveilance system), so obviously if someone asks for that information it is going to be investigated.

      seems fair enough.

    2. Re:Sounds fair to me by LostCluster · · Score: 4, Insightful

      When I was the co-webmaster of my high school website in 1999, we had a complete copy of the student handbook online.

      The day after the Columbine tragedy. I was asked by some teachers to pull a map of the school hallways and classrooms off of the web. I told them I'd do that if administration asked me to, but I wasn't going to do that on my own. See, the perpetrators of the Columbine tragedy already knew their way around the building, they were both students. If it was our school, they would have been handed the maps as part of the book on day one. The teachers took that explanation, and never did elevate the issue to the administration.

      However, our administration did hire a new secretary to sit just inside of the main enterance to check student IDs and issue guest passes for all vistors. I nicknamed that woman the "Columbine Canary" because as long as she was alive, we could be assured a Columbine-style attack was not in progress. She would have been powerless to stop students with guns... only friendly people would bother to register for a guest pass, insane shooters wouldn't.

    3. Re:Sounds fair to me by Bodhidharma · · Score: 3, Insightful

      I wonder how it would have been handled if his last name sounded Arabic?

      --
      A dyslexic man walks into a bra.
  4. A thought... by brolewis · · Score: 5, Funny

    This story may be related to Austin's Anti-Terrorism Force, but they have a saying at UT that may be apropos: You can't spell stupid without UTPD

    --
    A little learning never hurt anyone.
  5. So WTF? by ka55ad · · Score: 5, Insightful

    So now everytime someone requests info through the FOIA they will be questioned by the FBI or CIA? Is the government trying to discourage this?

    Its kinda usless to have a right if you are harassed every time you use it.

    1. Re:So WTF? by BandwidthHog · · Score: 4, Funny

      Yeah, I keep threatening to make up some "What Would Jefferson Do?" bumper stickers, but nobody gets the joke so I haven't bothered.

      [answer: ~85 rpm]

      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
  6. What's UT Watch? by Rick+Zeman · · Score: 3, Interesting

    I guess the supposition was that everyone should know what it is, especially when it was mentioned along with the ACLU. I don't, though, but I guess it has something to do with the UT camera system they mentioned?

    1. Re:What's UT Watch? by monophaze · · Score: 4, Informative

      From UT Watch
      UT Watch is a student-based watchdog group for the University of Texas at Austin.
      We promote campus democracy, affordable education, and genuine access to higher education for all Texans.
      We resist corporate control of education, authoritarian decision-making, and misuse of public money.

  7. Terrorists attack... by tbjw · · Score: 3, Interesting

    ...University? Anyone else less than convinced by this scenario? Sounds like Americans are so crazy, they'd suspect anyone. Hey I have a bomb... ... and a big hello to my new FBI fans and admirers,
    xx ben.

  8. I know this guy... by Michael+Spencer+Jr. · · Score: 5, Interesting

    I know the guy (Mark A Miller) being described in this article. I use IRC mostly as a contact list, and have a channel for users of my unremarkable non-profit server. Mark has been a regular in my small (under 20 people) channel for months. I know this is the same guy as the Mark Miller in this article because the user in my channel talked incessantly about these freedom of information act requests, months ago.

    [04/13 00:16] <@Mirell[Mobile]> Ah.
    [04/13 00:17] <@Mirell[Mobile]> District Attorney Office. Forgot to go by that.
    [04/13 00:17] <@dyfrgi> Why do you want/need to?
    [04/13 00:17] <@Mirell[Mobile]> To file a writ of mandumus against UT Austin.
    [04/13 00:18] <@Mirell[Mobile]> They are ignoring one of my open records request.
    [04/13 00:18] <@Mirell[Mobile]> To find out how much they pay for their Internet service.
    [04/13 00:18] <@mspencer> "one of"?
    [04/13 00:18] <@Mirell[Mobile]> Okay, several of.
    [04/13 00:18] <@Mirell[Mobile]> They initiall complied.
    [04/13 00:19] <@Mirell[Mobile]> Now they're ignoring me hoping I'll go away.
    [04/13 00:19] <@mspencer> I'm surprised you've filed even one open records request, let alone several.
    [04/13 00:19] <@mspencer> What are you using the data for?
    [04/13 00:19] <@Mirell[Mobile]> Er?
    [04/13 00:19] <@Mirell[Mobile]> Why are you suprised?
    [04/13 00:20] <@mspencer> I mean, as long as you're being adult about it, and making sure your need for the data is worth the time they need to put into filling those requests.
    [04/13 00:20] <@dyfrgi> Writ of Mandumus?
    [04/13 00:20] <@Mirell[Mobile]> mspencer,
    [04/13 00:20] <@mspencer> So what are you using the data for?
    [04/13 00:20] <@Mirell[Mobile]> To satiate my curiousity.
    [04/13 00:21] <@Mirell[Mobile]> I'm not sure if that's how you spell it, dyfrgi.
    [04/13 00:21] <@mspencer> Do you think those requests are having any kind of negative effect on the University or its staff?
    [04/13 00:21] <@dyfrgi> I'm just wondering what it is.
    [04/13 00:22] <@Mirell[Mobile]> Let's see...I requested initially any contracts or invoices detailing the cost the University entails in gaining Internet connectivity.
    [04/13 00:22] <@dyfrgi> Mm. I assume you want to file a petition for a writ of madamus.
    [04/13 00:22] <@Mirell[Mobile]> Then I filed another one for something they withheld on an invoice.
    [04/13 00:22] <@Mirell[Mobile]> Then another one for another thing they left out..
    [04/13 00:22] <@Mirell[Mobile]> Then one about the UT Classroom Web Cams they deny knowledge of
    [04/13 00:23] <@Mirell[Mobile]> Then one about the UT Information Security Council briefs, since we had the Social Security Number scare.
    [04/13 00:24] <@Mirell[Mobile]> And I'm not at all sure what you are trying to say by "Negative Affect" when they have a position who's sole purpose is to manage Open Records Requests.
    [04/13 00:25] <@dyfrgi> I think he is implying that you should not ask, because it costs money for them to tell you.
    [04/13 00:25] <@mspencer> I was deliberately vague: any effect, emotional or financial or otherwise, that is more significant than the benefit you get from satisfying your curiosity.
    [04/13 00:26] <@Mirell[Mobile]> No.
    [04/13 00:26] <@mspencer> hopefully there isn't one, but if there is, I'd like to think you considered that.
    [04/13 00:26] <@bl0d> i dunno, i'd really be curious about the Webcam one...that's just fucked up...
    [04/13 00:26] <@mspencer> Ah, OK then.
    [04/13 00:26] <@Mirell[Mobile]> http://www.dailytexanonline.com/main.cfm?include=d etail&storyid=620962
    [04/13 00:27] <@Mirell[Mobile]> They pull crap like this as well.
    [04/13 00:27] <@Mirell[Mobile]> And this: http://www.dailytexanonline.com/main.cfm?include=d etail&storyid=657367
    [04/13 00:27] <@Mirell[

    1. Re:I know this guy... by 0x12d3 · · Score: 3, Funny
      If you'd like to contact the person referenced in this article, and don't mind using IRC to do it
      Why should I bother, he's obviously up to something evil
    2. Re:I know this guy... by fishbert42 · · Score: 3, Insightful

      If you'd like to contact the person referenced in this article, and don't mind using IRC to do it, he goes by nickname "mirell" on the IRC server irc.aniverse.com. (You may have to use port 6661 to connect and/or use the alternate hostname irc-2.aniverse.com.) He's frequently hanging out in my channel, #mspencer, on that server.

      Yeah, let's all slashdot the person directly! That's so much better than some inanimate server.
      As if being under investigation by Big Brother wasn't bad enough... I'd be pretty pissed at you if I were this fellow.

  9. Tinfoil hat time by tool462 · · Score: 5, Insightful

    FOIA = government honey pot?

    Think about it.

    You know I'm right.

  10. Legitimate reasons by daniel_mcl · · Score: 5, Interesting

    I'm an undergrad at Caltech and here at least it's really popular to illegally enter the underground tunnel system for various reasons. There are all sorts of reasons for it -- you can get to classes when it's raining, you can get into buildings that would normally be locked at odd hours to turn in homework, etc. Also, some of our parties and other events have components in the tunnels and there's a bit of a cultural legacy associated with them as well -- people who attend the school are often given midnight tours highlighting various murals and the like. I've heard that this is popular at Carnegie Mellon as well.

    --
    I used to read Caltizzle. I was a lot cooler than you.
    1. Re:Legitimate reasons by fbform · · Score: 4, Informative

      Caltech...underground tunnel system

      Purdue has similar rules. Most tunnels (except the ones marked Accessible Tunnels)are banned because of safety reasons - apparently several have live bus bars running down the ceiling which is apparently quite low. And some really old (~80 years) steam tunnels have asbestos insulation with signs next to them saying "Danger! Asbestos!" or something similar.

      But the bigger mystery at Purdue is how to get to the campus particle accelerator beneath the Engineering Mall. Everybody knows it's accessible from the MSEE building, but nobody knows exactly which entrance to take, unless they go with someone who already knows where it is situated (like a faculty member).

      There is also a nuclear reactor in the basement of the EE building's annexe, of which there used to be occasional tours. I don't know if they still have those tours.

      --
      Time flies like an arrow. Fruit flies like a banana.
    2. Re:Legitimate reasons by pirodude · · Score: 3, Informative

      It's actually accessable from the physics building. Enter the doorway facing the chemE building, go to the basement and turn around. You'll see a door under the stairs that says PRIME lab.

  11. I believe it is for a computer network by el_munkie · · Score: 3, Interesting

    I attend UT, and the explanation I got during orientation was that UT was, at least during the cold war, the custodian of the backup computer for various defense systems. In the event that the primary computer in who-knows-where was destroyed, the computer at our school was supposed to take over.

  12. Re:What'd you expect... by cmdrxizor · · Score: 5, Insightful

    But then who is it to determine what a legitimate reason is for wanting the information? After all, someone who is researching the tunnels for a civil engineering paper may have a very valid reason, but is everyone going to think that? The Freedom of Information Act is meant to let you have access to this information without necessarily saying what it is or isn't going to be used for... it prevent's the government from arbitrarily saying "you can't know that" in most cases.

    Granted, in the post-9/11 world, it has become a lot harder to draw the line between security and the free flow of information, but I believe the policy should still basically be one where the government must show why you *don't* need (non-classified, obviously) information, as opposed to you showing why you should be allowed to have it.

  13. shower cams? by filtur · · Score: 3, Funny

    So are these underground tunnels how college coed shower cams that I keep seeing advertised get installed? Or maybe the government didn't want people to find out about their dorm room cam racket :)

  14. This isn't everytime. by raehl · · Score: 4, Insightful

    This is one time someone requested information about apparently sensitive information.

    It's an abnormal request - a student doesn't have an obvious need for information about the tunnels at his school. If you went and bought 10x the amount of ammonia-based fertilizer that anyone would need, they'd investigate that too. Not because owning a lot of fertilizer is illegal, but because purchasing that amount of fertilizer is a decent sign that you may be about to do something illegal.

    I'd much rather have the FBI taking the time to ask some intelligent questions when confronted with suspicious activity than letting universities be blown up.

    1. Re:This isn't everytime. by beavis88 · · Score: 4, Insightful

      I'm sure they threw some intelligent questions in there somewhere, but the article certainly didn't reflect that. Asking things like why he wears his hair long is just, well, unfuckingbelievably slimy, for lack of a better term.

      Of course I don't believe that was the entire line of questioning, but I think people in positions of such power need to be very careful about how they conduct their business. My bet is that as law enforcement professionalism increases, the general population's image of cops at the donut shop decreses, and this, I think, can only be a good thing.

    2. Re:This isn't everytime. by dwillden · · Score: 4, Insightful
      It's an abnormal request - a student doesn't have an obvious need for information about the tunnels at his school.
      And College students never make studies of various aspects of their campus's? He never really explains why he was curious about it, but in an academic setting that is really secondary. Now every Student and Professor for that matter is going to have to think twice about every study or project they want to do. Last year my School was playing around with long distance wifi New Wi-Fi Distance Record Set In Utah, Gee just think of the possibilities for the terrorists with that one. They could use it to set off bombs at long distance or hack systems or something even worse. Yeah, I realize it's a rather rediculus stretch but that's the point of having acedemic freedom.

      Okay maybe the request was slightly suspicous, but really any response other than asking him to explain his purpose for the request (i.e. "Why did you need this info? Due to the post 9/11 security situation we have to ask." Then deny the request.

      I'd much rather have the FBI taking the time to ask some intelligent questions when confronted with suspicious activity than letting universities be blown up.
      Fine but at least according to the article (I know, a /.er who actually RTFA), their questions went far beyond intelligent questions. And that is where the problem occured. They didn't treat the questionee as the American Citizen and college student that he is, they treated him as a subversive activist.

      Just my $0.02

      --
      I'm too lazy to compose a creative sig.
  15. Re:What'd you expect... by starwed · · Score: 3, Informative

    >>But, assuming he's not a terrorist, why did this student want to know about the underground tunnels?
    Clearly, you've never been a college student.

  16. Long Term Effects by neoThoth · · Score: 4, Interesting

    Scene: Interview
    Interviewer "So have you ever been convicted of a felony"
    Mark "No"
    Interviewer "Have you ever been investigated for terrorist activites?"
    Mark "well.. there was this one time in college..."
    Interviewer "OK thanks we'll call you" (calls security)

    I've seen comments saying "he could have denied the meeting or walked away". I'm sure that wouldn't inflame the agents curiosity even more. The question about the ACLU was really out of line. Personally I think he should join the ACLU before making any other requests and then pull the card out if any other agents stop by.
    the sentiment that I have to agree with is American citizens making FOIA requests should NOT trigger investigations.

    1. Re:Long Term Effects by daniel_mcl · · Score: 4, Interesting

      I am not a lawyer, but in civics class they always taught that you were innocent until proven guilty -- thus employers do not have the right to ask questions of the form, "Have you ever been investigated for / accused of / etc," or at least to make hiring decisions on the answers to such questions. Basically any hiring decisions that are demonstratably made based on considerations other than your ability to do the job are gonna be against some discriminatory hiring law.

      --
      I used to read Caltizzle. I was a lot cooler than you.
  17. Re:What'd you expect... by blincoln · · Score: 4, Insightful

    Have you never just been curious about something?

    Maybe I read a little too much of Infiltration, but I am really interested in underground tunnel systems, abandoned subway lines, etc. If there were any in my area, I would be checking them out too.

    If he's got a perfectly legit reason to want to know, then he should tell us.

    Papers please, citizen.

    --
    "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
  18. So what you are saying is by Chuck+Chunder · · Score: 4, Insightful

    People should only be investigated after they are proven guilty?

    That's gonna work real well!

    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
    1. Re:So what you are saying is by GreyWolf3000 · · Score: 4, Insightful
      I don't see what is so wrong with that situation.

      Call me cold, but we're dealing with two very hypothetical extremes. In one corner, we have a society where so-called martyrs are running around blowing up buildings. In the other corner, we live in an Orwellian police state where even the right to wear a tinfoil hat has been abolished.

      You might argue that terrorism has already begun to happen. So has the suspension of civil liberties (both directly affecting our lives equally), and to a much greater extent.

      In the middle, you have a goverment that isn't quite so naive, and makes an effort to prevent terrorism before it happens, whilst maintaining civil liberties.

      The question is, how Orwellian are we willing to get? At what point do we decide to draw the line and say "we know that there is a certain risk involved with everyday life, and although we could take further measures to increase our security, we do not feel those measures are justified, and we'll live with the off chance that something horrible might happen.?"

      I personally think that calling people in for open questioning (meaning, the questioning is filmed and released under the FOIA) based on purchases is fine. When the feds throw you in a dark room, interrogate you, pretend you have an accuser which you are not allowed to face, and hold you until they get a confession, things have gotten too far for me.

      That's why I think the Patriot Act was a bad thing. Please don't pretend that crazy neighbors concocting fertilizer bombs is as much of an issue as abolishing liberty.

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    2. Re:So what you are saying is by Geekbot · · Score: 3, Interesting

      No, the problem is that people should be investigated when suspected of committing a crime. People should not be investigated for suspicion of being somebody who might commit a crime. Because, if you allow for that, what is an acceptable critera for suspecting that someone might commit a crime? His looks, his friends, mailing lists he is on, organizations he donates money too, the length of his hair, his clothes, the library books he checks out, etc. I would say this most closely ties into ongoing debates about the governments new "rights" to search through your library records without your consent, without a warrant, etc. Our government should not be policing student research, even if it isn't obviously academic. If it's a problem of kids playing some stupid D&D or paintball or whatever in the basement then leave that up to campus security, not federal investigators.

  19. Re:What'd you expect... by Fuzion · · Score: 5, Insightful

    Why should the student have to tell you anything? It's his right as an American citizen to make a perfectly legal request under the Freedom Of Information Act, There's no law requiring people to justify their requests, and just because he's not authorized to access them doesn't mean he should be investigated for being curious about their locations.

    He does have perfectly legit reason and he's told them (as stated in the article): he was curious about the underground tunnel network, and wanted to know its dimensions.

    And, how exactly should he have "known that'd happen for making such a request without a clear reason for doing so."? What next? Someone being investigated for looking up the whitehouse on a map "without a clear reason for doing so"? Why should anyone who doesn't work there, or is planning to visit, look it up on a map? He was simply curious, and made a legitimate request for the information, and there's absolutely nothing wrong with that.

    --
    "Knowledge makes us accountable." - Che Guevara
  20. Re:What'd you expect... by riprjak · · Score: 3, Insightful

    so you have never wanted to know something just to know it??

    you probably arent a geek or a hacker then... By all means, the security services should investigate this... indeed any act that could have a nefarious purpose... but you should NEVER be aware the security services are investigating you until there are sufficient grounds to act.

    For all you know, he is a cave clan member or just seeks knowledge for knowledge's sake... but to be subjected to a visible investigation due to a request for information is Draconian at best and definately Fascist; Im just glad Im not an American!

    err!
    jak.

  21. I want in those tunnels too. :) by nfsilkey · · Score: 5, Insightful

    I go to utexas.edu. I can vouch for the administrative craziness that all too often plagues this school. :)

    This is the same place where the suits did everything they could to keep the FOIA and other legal mechanisms from revealing information about the post-9/11 surveillance system. UT even went after our state attorney general over this. A friend of mine said it best: "Never sue someone when they have a law school." ;)

    The whole reference to UTWatch in the article creeped me out. UTWatch is a student-run organization which follows up on what the regents and other suits do. Like Ralph Nader in the 70s, its a mere watchdog organization checking if proposed policies will adversely affect the student body at large. Recently they have been very vocal speaking out concerning tuitition deregulation and the involvement of UT managing the Los Alamos laboratories. Not simply fact checkers, UTWatch does get involved when it smells something fishy.

    I applaud what Mark Miller did. There is all sorts of cool things under the ground here at UT. Under ENS and RLM you can find a retired tokamak! More than just he are interested in whats buried. Simply put, what UT did (assuming it did something to spur this) simply lacked honor. ;)

  22. Planning a plot? by actiondan · · Score: 4, Funny

    I enjoyed this part:


    "The Joint Terrorism Task Force probably would look into something like that. [Miller] could be a terrorist. He could be planning a plot."


    Planning a plot? That's only the tip of the iceberg! What if he is plotting a scheme or scheming a plan?

    I see no problem with such a request being investigated. It does sound like they asked the guy some pretty stupid questions though (do they really think that long hair is significant when it comes to identifying terrorists? or membership of the ACLU?) OTOH, those questions may well have been filler to pad out the real questions they wanted to ask.

    If they find no evidence during their investigation, they really should grant his further information requests though. Once they are satisfied that he's not a terrorist, they'll have no reason not to let him see all the files relating to his case, surely?

    Dan.

  23. Good reason to ask for tunnel maps by joelparker · · Score: 4, Funny

    ...to design new levels for Quake.

  24. Re:What'd you expect... by Xyrus · · Score: 5, Insightful

    "But, assuming he's not a terrorist, why did this student want to know about the underground tunnels?"

    Replace "underground tunnels" with anything else, and you realize exactly how inane this question is.

    The point is you shouldn't be investigated just because you want some information. You don't see FBI questioning bio majors or chem majors at colleges, do you? (Not happening yet but if this terorism BS keeps up then maybe they'll imprison them).

    There's no good information or bad information. There's just information. The problems arise when you start introducing people.

    If I want to learn about something or want to know something, it's nobody's god damn business other than my own. You don't tell the government when you learn a new programming language, even though you could write viruses in it. You don't tell the government where you're going when you buy a car, even though you could use it to smuggle explosives.

    Your stand-point on this issues is chilling to say the least. Do you actually want to provide a reason to big brother everytime you want some information? Do you want to file a report everytime you search the web for fertilizer?

    ~X~
    "Clues on eBay! Starting bid is $.01!"

    --
    ~X~
  25. The underground tunnels @ UT are well mapped by Anonymous Coward · · Score: 4, Informative
  26. So what I'm seeing is... by The_Steel_General · · Score: 3, Interesting
    ...This guy files a FOI request about the underground tunnels...

    Sure. I understand why he might be curious. It does seem like a way to draw attention to oneself. And I don't see why the university wouldn't just deny the request with a perfectly reasonable comment about security.

    ...Six weeks later, the FBI and Secret Service show up to ask him about the request...

    Okay: Someone is asking for information on infrastructure that could be exploited in a terrorist attack. I do wonder why they didn't just call the police/sheriff, but perhaps they naturally pass potential terrorist threats to the FBI.

    ...The FBI asks if the fellow is part of activist organizations...

    I don't much like this. Are they saying that UT Watch might be planning terrorist attacks? If they are, then does it make sense to let the organization know that they know? (If this guy had been with UT Watch, pow, they know they're being tracked; if not, why wouldn't he mention the questioning to others?) Or are they just idly trying to find out if there might be a connections? Or are they completely clueless because they are a national law enforcement unit trying to follow up on a local group?

    ...Nobody knows how the information got from the University to the FBI...

    This is odd, too: The obvious answer is "We hand suspicious requests for infrastructure information to the police for further investigation, and they're free to share that with other law enforcement agencies." I'd HOPE that's what they'd do, in fact, and would feel more comfortable if that was their answer. But "I dunno"?

    Overall, I'd call it disconcerting, but not really that big a deal. Am I in the minority here?

    TSG

  27. Kudos to Mark - Scary though by QuantumMajo · · Score: 5, Interesting

    I used to be a resident of the UT system and heard all about the tunnels - even got to pass through one between ENS and RLM on a tour once. Would have loved to have gotten a big map of the tunnels to overlay the standard UT map just to see how quickly I COULD get from RLM to anywhere else but never thought to file a FOIA request ... Duh!

    But .. not surprised the SS got involved ... Y'all know one of the Bush twins attends UT right ... The SS has been all over UT since summer of 2000. They're discrete but not exactly in hiding.

  28. What if denied the "right" to fly... by Anonymous Coward · · Score: 5, Insightful

    Now if he is denied the right to board an airplane from this point forward and put on one of the terrorist watch lists the government wishes to share with private industry and hence potential employers, then yes, I would see a VERY SERIOUS issue here.

  29. If I were king... by rice_burners_suck · · Score: 4, Interesting
    If I were the king of my own country, I would set things up as follows:

    First of all, my government's power would not be the product of my people, but rather would be the product of myself. Freedom would be a priveledge extended by the state, not by the Almighty Creator. In fact, if any religious propaganda, such as a plaque of the Ten Commandments, be found anywhere, said propaganda would immediately be removed.

    Second, everybody would be my slave. Nobody would be allowed to do anything without government approval in the form of licenses (from driver licenses to business permits to rental unit occupation permits), because otherwise they would be considered terrorists and would have all of their property seized for my use.

    Third, a tax system would be put into effect to steal half of everybody's income, from a numeric standpoint. I would pass legislation to make it extremely difficult to purchase and own property, and renters would be affected by high prices because their landlords would similarly have to make ends meet. Thus, with this tax system and property ownership legislation, both parents would have to work very hard to feed their children, and would be so concerned with making ends meet that they would ignore the above, because there are more pressing matters (food) to worry about. (The same tax system would further benefit me by providing detailed information, down to the finest detail, of everybody's business, because they would need to detail the source of every penny of income, and back it up with evidence. Failure to do this would constitute a felony, and would be selectively enforced to strike fear into peoples' hearts.) To steal the other half of everybody's money, the money itself would not be backed by anything of value. Thus it would be easy to continuously print money, thereby constantly increasing the total amount in circulation. This way, my government would steal the peoples' money, without reducing the amount they have from a numeric standpoint, by stealing the value of their money.

    Fourth, the educational system would basically turn out people who can barely read, so they won't be smart enough to figure out what I'm doing to them.

    Fifth, there would be propaganda all over the place telling people how free they are, etc.

    That's how I'd run a government, if I were the king of my own country.

  30. Re:slightly off-topic but indirectly related by CaptainTux · · Score: 4, Insightful

    I fully expect that the FOIA will be repealed or severely scaled back within the next few years. It won't happen during an election year but it will happen.

    --
    Anthony Papillion
    Advanced Data Concepts, Inc.
    "Quality Custom Software and IT Services"
  31. perhaps I should keep this to myself by jonnystiph · · Score: 3, Insightful

    I probably should....but does anyone remember the Good Times episode where the younger son was doing reasearch on the USSR. The feds started questioning everyone he knew, his father lost his job so on and so forth.

    Bring back McCarthy! In so many ways I feel like the Govt is acting like a cornered badger, and I am honestly not sure who is more scared, us or Govt.

    --

    If we don't make light of everything, we are just stumbling in the dark - Blank

  32. Here's what he should have known. by Anonymous Coward · · Score: 5, Informative

    If an Agent Knocks - Federal Investigators and Your Rights

    People opposing U.S. policies in Central America, giving sanctuary to refugees from Guatemala and El Salvador, struggling for Black liberation, and against nuclear weapons, are today more than ever likely to receive visits from FBI agents or other federal investigators. Increasingly, agents are also visiting the families, friends, and employers of these activists.

    This pamphlet is designed to answer the most frequent questions asked by people and groups experiencing government scrutiny, and to help them develop practical responses.

    What is political intelligence?

    Political intelligence is information collected by the government about individuals and groups. Files secured under the Freedom of Information Act disclose that government officials have long been interested in all forms of data. Information gathered by government agents ranges from the most personal data about sexual liaisons and preferences to estimates of the strength of groups opposing U.S. policies. Over the years, groups and individuals have developed various ways of limiting the collection of information and preventing such intelligence gathering from harming their work.

    Do I have to talk to the FBI?

    No. The FBI does not have the authority to make anyone answer questions (other than name and address see errata), to permit a search without a warrant, or to otherwise cooperate with an investigation. Agents are usually lawyers, and they are always trained as investigators; they have learned the power of persuasion, the ability to make a person feel scared, guilty, or impolite for refusing their requests for information. So remember, they have no legal authority to force people to do anything -- unless they have obtained an arrest or search warrant. Even when agents do have warrants, you still don't have to answer their questions.

    Under what laws do the agents operate?

    In 1976, FBI guidelines regulating the investigation of political activities were issued by Attorney General Edward H. Levi. Criticized by liberals and conservatives alike, the guidelines were issued in the wake of a Congressional committee's report of highly questionable activities by the FBI, monitoring the activities of domestic political groups seeking to effect change. The report exposed the FBI's counter-intelligence program (COINTELPRO) under which the agency infiltrated groups, compiled dossiers on, and directly interfered with individuals engaged in activities protected by the First Amendment rights to freedom of expression and association.

    The FBI COINTELPRO program was initiated in 1956. Its purpose, as described later by FBI Director J. Edgar Hoover, was "to expose, disrupt, misdirect, discredit, or otherwise neutralize activities" of those individuals and organizations whose ideas or goals he opposed. Tactics included: falsely labelling individuals as informants; infiltrating groups with persons instructed to disrupt the group; sending anonymous or forged letters designed to promote strife between groups; initiating politically motivated IRS investigations; carrying out burglaries of offices and unlawful wiretaps; and disseminating to other government agencies and to the media unlawfully obtained derogatory information on individuals and groups.

    In 1983, Attorney General William French Smith issued superseding guidelines that authorized "domestic security/ terrorism" investigations against political organizations whenever the FBI had a reasonable belief that these groups might violate a law. The new guidelines permitted the same intrusive techniques the FBI used against organized crime.

    The Smith guidelines were justified by the Attorney General's observation that "our citizens are no less threatened by groups which engage in criminal violence for political... purposes that by those which operate lawlessly for financial gain." He concluded: "we must ensure that criminal intelligence resources that have been brought to bear

  33. what is really disturbing... by testcase · · Score: 3, Interesting

    I can understand them asking why he wanted to know this information, but the questions concerning if he belongs to perfectly legal organizations are really troubling (if he is to be believed). Should belonging to a watchdog group (UT Watch) or communicating with the ACLU make any difference at all in the investigation of a Joint Terrorism Task Force? How is that relevant? There has been an ongoing trend of using new powers granted to "fight terrorism" to harass people and squelch dissent.

  34. Sounds like coersion by nonameisgood · · Score: 5, Insightful

    The feds should never have been visibly involved in something so trivial unless there was an indication of something else.

    It seems that without another cause, this would constitute coersion in order to deny access to information which is otherwise not secret. Even if they "approve" the request, there is a chilling effect on other requests. Probably the intent.

    --
    Faith is the very antithesis of reason, injudiciousness a critical component of spiritual devotion. Jon Krakauer
    1. Re:Sounds like coersion by Casualposter · · Score: 3, Insightful

      Well, yeah I'd have like for them to have tracked the dirty sob's that stole money out of my bank account, but it wasn't enough money lost for the cops or FBI to even bother with. BUT, ask about steam tunnels and they can scare up a couple of agents for a few hours.

      It's about fucking with your civil rights not protecting you from terrorists.

      just look back to J. Edgar Hoover and the Nixon era for examples of how the FBI works.

      --
      Creative Spelling Copyright (2002). May use without Persimmons
    2. Re:Sounds like coersion by jcenters · · Score: 5, Insightful

      Because perhaps the primary purpose of our federal "law enforcement" agencies isn't protection of the civilians, but protection of the leaders and political structure?

      I don't mean to make 911 seem insignificant here by any means, but think about this: The thousands that died in the attacks were only a tiny percentage of the US population, but the threat to our leaders stability was enormous.

      So no, the FBI could care less about your money that was stolen (Even though you could be quite impoverished and needed that money to eat that week), but threaten their system, and they bring out the big guns.

      Just giving some food for thought.

      --

      vi ~/.emacs

  35. Consider... by CaptainTux · · Score: 3, Insightful
    I know a lot of people think the FBI's actions in this case were overzealous but consider this: none of the 9/11 hijackers had criminal records. They were just Average Joe's that had their families, a job, and maybe even kicked back a beer or two with their friends come the weekend. There was nothing to distinguish them from the average person (with one or two exceptions as I understand it with one guy).

    If you are a terrorist organization and you are wanting to research potential targets for an attack it would stand to reason that, especially in these times, you wouldn't use someone with even a hint of a criminal record or known ties to a terrorist organization. You're going to plant people who are your "upstanding citizens" that can operate under the radar.

    Really, when you think about it, college students are excellent recruits. They need money, they tend to be idealists, they tend to be socially liberal, and they tend to be blank slates politically. With all this going for them, they should be at the top of the list as far as "potential terrorists".

    --
    Anthony Papillion
    Advanced Data Concepts, Inc.
    "Quality Custom Software and IT Services"
  36. Reminds me of a fellow I knew in the Vietnam Era. by Ungrounded+Lightning · · Score: 5, Interesting

    This reminds me of a kid I knew when he was in high school, back in the Vietnam War era (when the internal security systems of the various levels of government in the US had gotten 'WAY out of control).

    His use of a university's computer while a high school student (something he got started on as a guinea pig in a University program doing research on learning and teaching) had attracted the attention of the FBI.

    A couple years later he decided to use the shiny-new FOIA to see what records the FBI and the state and local cops had on him. And while he was at it, he sent FOIA requests to several other agencies.

    The first one he sent to the CIA was a classic self-referential hack: He requested their internal document describing their procedure for responding to FOIA requests. B-) (Obviously useful for generating the next round of requests, too.)

    Needless to say the agencies involved didn't respond as required by the law. So with the aid of a Libertarian lawyer he started suing them. He won, and they eventually were ordered to give him what he asked for. Then they flaked on that, too, and he got a contempt citation and more court orders. Eventually he got much of his info (with big chunks blacked out). Then he sued them for his lawyer's fees and won that, too.

    After a few iterations of this he was sitting on quite a number of interesting documents. So he started a newspaper to give them wider circulation and created a business of generating FOIA requests and publishing the results. This became quite popular with the CIA watcher, privacy advocate, private detective, and tinfoil-hat sets. Advertising revenue flowed in from such folk as buging and debugging equipment manufacturers.

    At one point he got the petty cash records from a New York area CIA office. Items he found in it charged to one project (air compressor, flit guns, briefcase, auto exhaust system, washing a car) led to blowing the lid off a project to obtain information on how a biowarfare plague might spread in an urban environment by exposing the citizens of New York City to a "mostly harmless" bug that caused severe enough respiratory system symptoms that it could be tracked by hospital admissions. (Spread techniques included spraying subways with the bug from the gimmicked briefcase and spraying commuter traffic via the car's exhaust system.)

    He also got hold of and published one year's version of the IRS procedures manual. And put out a pamphlet on how to use the FOIA. (Eventually he was enjoined from distributing either of these.)

    Eventually the FOIA was modified to give the security agencies some loopholes against such requests.

    Bob Dylan had something to say about this: "You have to pay to keep from going through these things twice." Also Thomas Jefferson: "The tree of Liberty must be watered, from time to time ..."

    He's still out there doing stuff like this, by the way. Last time he looked he had a web site dedicated to exposing personal information trading in the information age.

    The above-mentioned kid was part of the Boomer's round. I guess now it's Generation X's (or maybe Y's) turn to pay some dues. (Sigh.)

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  37. Re:Are you in a two party consent state? by geomon · · Score: 3, Interesting

    It would seem his IRC channel is a public forum. The two party consent laws would thus not apply.

    Washington State prohibits recording conversations between two parties unless everyone agrees. That applies to party lines as well (potential public forums).

    That is the foundation that some states are using to attack IRC logging. The conversation is carried over regulated carriers within the states.

    --
    "Rocky Rococo, at your cervix!"
  38. Never give true reasons but plausible ones instead by B.D.Mills · · Score: 4, Funny

    Honourable though his intentions may be, he also demonstrates a lack of knowledge on how corporate politics works. He gave true reasons for his actions.

    In the chat log, he gives a reason for an investigation thus: "To satiate my curiousity." This is the wrong thing to say. If you are up to anything that is remotely dubious, never give the exact *real* reason you are doing anything. Instead, make up another reason that is plausible and legitimate and always give that reason instead. Never divulge the real reason to anyone you don't trust. If you cannot think up a plausible reason then you may need to rethink your actions.

    In the example given, he should have said that he was gathering information in the public interest. (This reason is even true and therefore irrefutable: he's a member of the public and he's interested, therefore it must be in the public interest.) Another thing one could say is anything using corporate doublespeak. The eyes of thine listener shall glazeth over: and thou shalt be as slippery as an eel in thy escape from unwelcome scrutiny.

    Concealing real reasons is commonplace. The leaders of the MPAA and RIAA do this. Politicians do this. Corporate CEO's do this. And we know what fine, upstanding citizens these people are. *cough*. So if it's okay for them to do it, why can't the masses?

    --

    The only thing necessary for the triumph of evil is for good men to do nothing. - Edmund Burke
  39. Intent by crem_d_genes · · Score: 3, Interesting

    From what has been posted so far, it looks like the information was already available, and the request was pretty aimless in intent - to not investigate could have potential security problems. But like one poster said - students at some universities frequently use tunnels for all manner of reasons - weren't cables strung on campus by individuals this way before the present state of affairs? The problem is those days are gone, and many places simply will never allow that degree of freedom - for access to places - or information - anymore.

    My brother is an ex-pat - works all over the world - and a few years before 9/11, on a visit home he said *people in this country have no idea how loose our security is viewed worldwide. Something big will happen and the attitudes in the country will change forever*. That was about the time of the Oklahoma City bombings, when - if you were watching the first reports and speculations - everyone believed it *had* to an international organization. Palestine got the first blame - then nobody really woke up to the idea that people in our country could be every bit as extremist as is *others* are portayed in a xenophobic cultural lens.

    I am generally very suspicious of all these government investigations - they make me uneasy in too many ways because the Patriot Act has been too loosely applied in ways that have already been well reported - and in fact have become good sport - as they should be in an open and free society.

    Had the request had some intent - like the student was an architecture major - technically - not that he had to be to make the request, I think this would have just faded away very quickly.

    I wonder though if a large group of individuals - say if a group as large as that as subscribe to /. could actually agree on something to file massive FOI requests for a single item - what type of response that would bring. I'm sure it would be a total cog in the system. The point is that when an individual who is fanatically devoted to some cause - they may have lived for years building a *clean* life just to act on that one moment - and in fact plans on not living through the time of carrying it out - if they can slip something though - they may have just what they need.

  40. not the first time by igotmybfg · · Score: 3, Interesting

    UT pulls this kind of shit all the time. An open records request for information regarding the on campus security cameras was submitted by the Daily Texan; UT denied it. The Texan appealed to AG Abbott, who ruled in their favor; the University appealed and it continues to fester in the legal system.

  41. About the tunnels... by grgcombs · · Score: 3, Interesting

    These are the same tunnels that law enforcement "officials" used to enter the UT Tower on August 1, 1966 to get at Charles Whitman, the sniper.

    Had it not been for this covert entry, he'd probably still be up there. Well..., I guess he would have ordered out for pizza at some point.

    g

  42. The problem with 9-11 was communication by caitsith01 · · Score: 4, Insightful

    September 11 could have been prevented with the information that was available at the time, before the patriot act or any other recent erosions of civil liberties had taken place. The problem, according to most of the evidence at the inquiry and a lot of analysis and commentary, both official and unofficial, was not that the police/FBI/CIA didn't have the information, but that they were unable to put it together due to cross-institutional barriers and a general lack of cooperation and coordination.

    --
    Read Pynchon.
  43. I want my rights back. by Lendrick · · Score: 5, Insightful

    But if all they did was ask and he volentarily answered then not a big deal as far as I'm concerned.

    The problem there is that we no longer have any real rights. Now, before you dismiss me for taking some kind of extremist view, think of it this way:

    The governemt currently can, at its option, declare you an "enemy combatant", with no due process or judicial review. Then they can detain these "enemy combatants" indefinitely. Hence, if he told them to bugger off when they questioned him, they may see that as being suspicious, and decide he'd make a good Enemy Combatant.

    Rights that can be arbitrarily taken away at any time aren't rights at all. They're an illusion. What it boils down to is that you have a right to due process, except when the government says you don't.

    1. Re:I want my rights back. by kabocox · · Score: 4, Insightful

      Rights that can be arbitrarily taken away at any time aren't rights at all. They're an illusion.

      All rights are illusions unless you have your own private military to backup your viewpoint.

      Remember StarShip Troopers: Properly applied force is the basis of all government.

  44. Unique instance gets the most press. by khasim · · Score: 3, Interesting

    You'll have trouble convincing people because most of them are reacting emotionally.

    The fertilizer bomb was a unique instance. Every day, millions of people go about their lives in the US without building a fertilizer bomb.

    Yet that single instance is used by people who feel threatened to justify any amount of governmental "protection".

    If you live in the US and are NOT in a combat zone, you are STATISTICALLY more likely to be killed by someone in your own family than by a terrorist.

    What you're seeing is a fear reaction. Fear does NOT understand statistics. Fear does NOT take reasonable precautions.

  45. J. Edgar Hoover would be proud by leereyno · · Score: 3, Insightful

    This sounds like the kind of crap that went on back in the 60's and 70's that eventually led to the creation of the FOIA in the first place.

    As much as I dislike Kerry and the modern Democratic party, if this is the kind of crap we can expect from the Republicans, I can't see how I can vote for them in good conscience. Expect me to vote for a 3rd party candidate in November. What is the world coming to when a brain-dead jesus-freak holy roller and a neo-bolshevik nimrod communist are our choices for who is going to lead this country?

    What I found especially disturbing is the fact that they thought his hair was somehow significant. The level of ignorance that displays is really sickening. This isn't the summer of love, lots of guys have long hair and it's no more a political statement than the color of someone's shoes. I used to have hair down to my ass, and I'm a southern boy and a card carrying member of the NRA, hardly an "activist" who is going to blow up something. Well...nothing bigger than a coke bottle anyway.

    In a way I almost wish I'd been the one they were picking on just so I'd have the opportunity to tell them to kiss my ass.

    Am I the only one who feels we have more to fear from the abusive power of unchecked law enforcement than we ever will from terrorism?

    I'd much prefer to limit my concern to those criminals who DON'T have the power of the state backing them up. It's stuff like this that makes me write checks to the NRA and pray it's enough to make a difference. There are times when I'm tempted to send money to the ACLU as well. Its the leftist propaganda that seems to be their driving philosophy that stops me, but if Ashcroft's goons aren't told to sit down and shut up I might just not care anymore and send them money anyway!

    Lee

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
  46. Re:Why isn't this modded up? by minektur · · Score: 3, Interesting
    by your reasoning the only reason to have weapons and fight a war is to "make someone else plough for you".


    This is a classical logical fallacy - I say 'A implies B' and you then respond "by your logic B implies A" and then you built an argument on this flawed premise.


    My statement simply means that if you dont defend yourself with force that you will have serious problems no matter how nice and understanding and peace-loving you are. The rest of your argument appears to be an attemt to show how foolish my reasoning is by following it to it's logical conclusion. However, you used faulty logic, so you didn't succede.


    Your try and ?extend? my reasoning to imply that simple reactionary defense is the only possible justifiable action (ie we shouldn't have been warring with Iraq because they didn't directly threaten us). If you believe that you should NEVER use force to stand up for what you believe, then I understand your point of view. I do not agree with that point of view however because I believe that sometimes you have to war for other reasons and simple reactionary defense.
    And, by reactionary defense I mean 'wating around till someone attacks you to fight back.'


    As for rethinking what I said, you read a lot of things into my argument that are not there.


    Wake up and smell the *sig-laden-with-coffee* :) - This thing in Iraq is NOT about oil -- in either the long run or the short run. This may not be the case for you and this particular issue, but generally people see their own faults in others - Bush and many others claim that we are there to do the right thing - get rid of a real threat to US and world saftey and stability - to remove a REALLY evil dictator from power. If you read other motives there, perhaps you have your own problems with being honest about your own motives. I try to take people at face value since I expect others to take me at face value. By the accounts of people who have known him a long time, Bush appears to be an essentially honest person who wants to do the _right_ thing. Compared to our last president, I think that he is MUCH more honest about his motivations.


    Yes, war and death suck. Yes people on both sides of the conflict are dying, daily. Yes, according to the information we had at the time it was NECESSARY to enter Iraq - in retrospect, we probably could have waited and things MIGHT be different, but hindsight is always 20-20. No war has ever been won without tragedy. Is this one going to turn out to be worth it? We wont know for 10 or 20 years.


    Yes, I know that you have issues with the war. Those issues appear to be based mostly on the questionable media assertion that our president can not actually [GASP!] tell the truth about his motivations.

  47. Re:Let me get this straight by jasonisgodzilla · · Score: 3, Insightful

    What I love the most is the hypocracy of the right wingers. It's ok to send people to a foreign country to die for our freedom, but we give all of our freedom here in the US up because a relatively small number of people have been killed by hostile action. Voluntarily giving up your liberties completely negates the sacrifices of our service men/women made in the name of liberty. If we're willing to sacrifice troops for freedom, shouldn't we also be willing to occasionally sacrifice civillians. I know I'd rather die than have every man woman and childs civil rights curtailed to protect me, and the last thing I'd want to come out of my death is fear mongering and totalitarian government.

  48. Stop Buying into Fear Mongering by ad0gg · · Score: 4, Insightful
    More people died last year from drunk drivers then terrorists attacks. More people died from cancer. More people died in car accidents in the last year then have ever died from terrorists attacks in this country.

    I am a liberal, and I can't stand Bush, but I can't possibly fathom your stance, (poster or moderator,) which I feel actively encourages terrorism.

    For Someone who can't stand bush, you already bought into his fear mongering and propaganda.

    --

    Have you ever been to a turkish prison?

  49. What? by gorzek · · Score: 4, Insightful

    This may be the single most short-sighted and ignorant post I have ever seen on Slashdot.

    Al Qaeda does not blow shit up for "fun" or because it's "cool." They do it for many reasons, and these reasons are not difficult to comprehend. They attack in protest of America's support of Israel. They despise Israel for both occupying one of their holiest lands (Jerusalem) and for oppressing their brothers (the Palestinians.) Regardless of the political motivations involved in keeping the Palestinians as a stateless people, followers of al Qaeda do consider this a serious issue. Usama bin Laden's biggest stated issue is of American troops in Saudi Arabia, the Muslim holy land. He's said as much time and again.

    Of course, the solution is not to give in, because the crimes have already been committed. We have already defiled their holy land, and have already supported Israel, and this will be used as continued justification for their attacks far into the future. There are two main problems, though, in combating terrorists like al Qaeda. The first is that we have no realistic win-win method for dealing with them. If we kill them, they're martyrs, and they only inspire more to join their cause. If we capture them, they don't care if they die or not, so the humiliation of captivity will drive them (more or less) to suicidal acts, and like-minded individuals will see it as further justification for more violence. If we do nothing, they will still seek to destroy us. The second problem is that they are not bound by any "rules of war" we try to observe. Their specialty is asymmetrical warfare. They cannot compete with us on grounds of technology or training, but they absolutely surpass us in the sheer gutsiness and spectacle of their attacks. It is difficult to fight someone who does not share your rules of engagement or care what government you represent. This is a major, major problem that people often fail to understand. Al Qaeda does not simply stand against the USA and our military. They stand against Western civilization itself. They do not want to endure cultural imperialism, and may see violence as the only means to hold it off. This is not as simple as Bush's claim that they "hate freedom." They do not share the same concepts of rights and freedoms as we do, but that does not make them bad people. That they kill civilians to achieve their ends makes them bad people.

    Al Qaeda is only the tip of the iceberg as terrorism goes. We will never be able to defeat them or those like them as long as there is a division between Western civilization and the Islamic world. No amount of war will ever unite us, unless we simply kill them all. And if we can't kill them all, maybe it will suffice to conquer and demoralize them. And even that won't work for long.