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What Do Court-Ordered Internet Bans Really Mean?

tcd004 writes "Chris Lamprecht, a.k.a. Minor Threat, was the first person to be banned from the internet back in 1995. Since then, the practice has gained popularity worldwide. In the last year, courts in Australia, Britain, Canada, and the United States have all banned people from the Internet. A British court recently banned a convicted pedophile specifically from entering chatrooms for 10 years. But how effective are the bans? Minor Threat contends that the rules governing his internet ban use were toothless. How much harder is it to keep people off the internet in an age when everything--from parking meters to refrigerators--comes with an IP address." (Note: the Globe and Mail story requires registration.)

453 comments

  1. I'm banned by Anonymous Coward · · Score: 5, Funny

    Not sure how well it works for others, but I'm banned from the internet....

    1. Re:I'm banned by drakethegreat · · Score: 1

      What do they actually do? I'm just curious what the governments do in an attempt to keep you from it. Couldn't you steal wireless or something from your neighbors?

    2. Re:I'm banned by ZhuLien · · Score: 1

      damn, banned from using any Network - better stop using SERNET or PARNET then, heck, technically there's not much difference between SERNET and PARNET and using a printer. Better not use a TOPFIELD PVR then cause when you plug that into your PC via USB, you have a network between the TOPFIELD implementation of Linux and your computer. Not to mention perhaps a digital camera running Linux to copy the Photos from it, or perhaps playing LAN games with two Playstation2's connected...

    3. Re:I'm banned by rat7307 · · Score: 1

      What do they actually do? I'm just curious what the governments do in an attempt to keep you from it.

      Same as they do if you have your car licence taken from you.

      A judge says "Dont go on the internet" and if you get caught again for a similar crime, you get serious pound-the-in-the-ass prison time.

      There's no need for elaborate IP tracking or anything.

      Dumbasses tend to re-offend anyhow.....

      --
      Burma?
    4. Re:I'm banned by skotte · · Score: 4, Informative

      i have a sort of fFriend (he's a bit of a dumbass and i'm reluctant to call him a fFriend -- he is, after all, a convicted criminal) who was ordered he may not live in a household with internet access.

      fFor a time, this was enforced by him being under house arrest and a parole officer stopped by every now and then to check on things. at this point, his parole officer still comes by, by the inspections are much less stringent.

      the answer to the topic here is: the courts dont really check so much. to wit, my example-person has perfectly good internet access on his mobile phone. his wife discreetly got an AOL account and logs in now and then. and of course he can swing by any public lab or internet cafe'.

      now, officially, if the courts were asked fFor their stance on pedantry like the parking meter example, they would surely come out on the side of reason, stating the convicted may use anything without interactive connections to other users, or something delicately worded.

      officially, of course, the "no internet" sentencing means just that: none. nadda. just as "no drug use" includes poppy seeds and sometimes caffeine.

    5. Re:I'm banned by drakethegreat · · Score: 1

      Man, that really sucks. I'm glad I haven't been screwed in that sort of way. I guess if you get caught you were being incredibly obvious about what you were doing because I definitely have never been caught.

    6. Re:I'm banned by Anonymous Coward · · Score: 0

      fF?

    7. Re:I'm banned by JeremyALogan · · Score: 2, Interesting

      Funny you should say that. I'm actually using stolen internet (open access point) right now. 'The Man' could tell every ISP in the nation not permit you access, but there are ways around everything.

    8. Re:I'm banned by Anonymous Coward · · Score: 0

      he thinks it's poetic somehow. check his website, it's all like that.

    9. Re:I'm banned by Anonymous Coward · · Score: 0

      fFreak.

    10. Re:I'm banned by D'Sphitz · · Score: 1

      i, for one, both r3sp3ct and ph33r your l33t, yet cunning (might I say Mitnick like (or, wait...)) mind. May you continue to do what you were doing without being obvious, because without a champion like you I'd have nobody to look up to.

    11. Re:I'm banned by D'Sphitz · · Score: 1

      fFuck yeah. I first thought it was some sort of locale issue, but christ man you got pProblems.

    12. Re:I'm banned by uglyduckling · · Score: 1

      Me too!!!

    13. Re:I'm banned by macthulhu · · Score: 1

      That's nNot nNice... mMaybe he sStutterrs.

      --

      Someday a real rain is gonna come...

    14. Re:I'm banned by atta1 · · Score: 1

      I would recommend AGAINST checking his website. I tried to, and the first thing that happened was I had 3 popups blocked and it asked to install GAIN! Slashdot readers asking me to install GAIN??? Oh, the irony!

      --
      "The avalanche has already started. It is too late for the pebbles to vote" -- Kosh
    15. Re:I'm banned by Octagon+Most · · Score: 1

      "Me too!!!"

      You must be banned from AOL.

    16. Re:I'm banned by Just+Some+Guy · · Score: 1

      Got a problem with stststutterers, you insensitive clod?

      --
      Dewey, what part of this looks like authorities should be involved?
    17. Re:I'm banned by Dyolf+Knip · · Score: 1

      if the courts were asked fFor their stance on pedantry like the parking meter example, they would surely come out on the side of reason

      You must be new here.

      --
      Dyolf Knip
    18. Re:I'm banned by skotte · · Score: 1

      i use mozilla.

      popups? what pop-ups?

      still, i recognize it's not, you know, a good thing. the drive.to site offers fFree dns redirection, and when i set it up they werent advertising so much (and since i see no pop-ups, i'm pretty unaware of anything anyone else might be seeing (being a personal site i conjured up with some spare time and the gimp, it's not something i actively engage in making broadly compliant)). i should abandon drive.to now.

    19. Re:I'm banned by atta1 · · Score: 1

      Being at work currently, I have little choice in browsers.

      --
      "The avalanche has already started. It is too late for the pebbles to vote" -- Kosh
  2. Same as always by koreaman · · Score: 3, Insightful

    Before computers, there were difficulties getting people to respect parole and probation.

    With computers, there are difficulties getting people to respect parole and probation.

    But we seem to have dealt with the problem so far, so why can't we deal with it nowadays?

    1. Re:Same as always by Anonymous Coward · · Score: 0

      Exactly. Many of these odd parole and probation restrictions aren't there to keep the pedophile away from the chat rooms or to keep the hacker from breaching web sites. It's there so that the authorities can go ahead and investigate him whenever they feel like it, and they can throw the book at him if they find anything. It's a trap. The cops aren't trying to enforce probation, they're trying to figure out who are the unreformable types that will break probation.

    2. Re:Same as always by Anonymous Coward · · Score: 1, Insightful

      Dude. You missed the point. The original
      poster's point was that there are *unintended*
      consequences of some creative sentencing,
      not that people on probation are sometimes
      not following the rules.

      For example, a guy gets a 10 year ban from
      using chat. Sounds fine, since he used chat
      to exploit some kids. But in ten years,
      what if essential government services have
      a mandatory chat-enabled feature? Right now,
      my ISP has a chat program that I must use
      before I can escalate problems with my
      connection. What if chat is replaced with
      another IRC/IM/-like service that nobody
      can imagine, and this guy starts using it
      LEGALLY (well, without violating probation
      rules, that is) to seduce children?

      The point of the original poster was that
      technology changes *in unpredictable ways*,
      and this is having consequences for probation
      rules and short-sighted judges who can't
      (like the rest of us) predict what will
      come next.

    3. Re:Same as always by bob65 · · Score: 1
      short-sighted judges who can't (like the rest of us) predict what will come next.

      We *can* predict what will come next? I don't think I can ...

    4. Re:Same as always by ScrewMaster · · Score: 1

      Go ask that Sollog character. I'm sure he'd have an answer.

      --
      The higher the technology, the sharper that two-edged sword.
    5. Re:Same as always by Anonymous Coward · · Score: 0

      The clear and obvious context of this atatement:

      s/like/just like/

      Your interpretation is a mireading. The
      *context* should have you clued you in.

      OBVIOUSLY, if all of us could see the
      future clearly, judges could (perhaps
      with advice) as well.

      Duh.

    6. Re:Same as always by Anonymous Coward · · Score: 0


      Dude. You missed the point. The original
      poster's point was that there are *unintended*
      consequences of some creative sentencing,
      not that people on probation are sometimes
      not following the rules.


      Your logic reminds me of how this guy thinks. That guy ain't cool. Think on that.

    7. Re:Same as always by koreaman · · Score: 1

      Heh, that guy's the sherriff in my town. I live in Northwest Phoenix by the way.

    8. Re:Same as always by Anonymous Coward · · Score: 0

      Duh.

      Learn to take a joke.

      Dumbass.

      Oh, and your formatting is annoying.

  3. First Post by Lokinator · · Score: 1

    Perhaps it's a hint that coercive governmental do-gooders are....damned silly?

    --
    "It is morally wrong to initiate the aggressive use of force.." Of course, defensive force is fair game...
  4. Internet Ban by OneArmedMan · · Score: 4, Funny

    Better not let em near touch tone phones either, just in case they want to launch a Nuclear strike! ...

    1. Re:Internet Ban by sexysciencegirl · · Score: 5, Interesting

      I assume you're referring to Kevin Mitnick's case where he was refused a phone call. This one actually made some sense from the law-enforcement point of view. We just need to pretend we are the police and start with the assumption that Kevin is indeed a powerful hacker-terrorist committed to causing death and destruction. Now what would a hacker-terrorist do for a contingency plan? He would set up his most devastating hacking scripts and make them activatable by a modem listening on a dedicated phone line. And all you need to launch the attack is a phone call to a specific number. Of course, Kevin was actually a pretty different character but the authorities didn't really have any way of verifying that this was the case.

    2. Re:Internet Ban by Anonymous Coward · · Score: 0

      Or, more likely, law enforcement thought he would just delete a bunch of evidence remotely or somehow signal a partner. The guy fucking 0wned Ma Bell switches, I wouldn't give him a phone call either.

    3. Re:Internet Ban by c · · Score: 1
      He would set up his most devastating hacking scripts and make them activatable by a modem listening on a dedicated phone line. And all you need to launch the attack is a phone call to a specific number.

      Right. He's been caught for hacking (or whatever), so now he'll add fuel to the fire by launching a devastating attack from a police station phone. Assuming he can actually reach the number (some places restrict calls to local numbers only).

      In order to have maximum deniability and guarantee the launch, the smart hacker would set up a deadman switch where the attack would launch if he didn't phone a number and punch a certain set of digits every day or so.

      And, being an unethical SOB, it's not like he'll care if he goes offline for a week-long drinking binge and accidentally takes out the international banking community. That'd be a great joke to tell the grandputers...

      c.

      --
      Log in or piss off.
    4. Re:Internet Ban by g0hare · · Score: 1

      New-kyuh-lar. It's pronounced New-kyuh-lar

      --
      Vote Quimby!
    5. Re:Internet Ban by evilviper · · Score: 3, Interesting
      And all you need to launch the attack is a phone call to a specific number.

      But the same could easily be said for kidnappers, yet they still get their one phone-call.

      Besides, Mitnick wasn't charged with murder, and facing a lifetime in jail, so it's pretty absurd to jump to the conclusion that he would even desire to launch a nuclear attack...

      There's more risk someone would call in a hit on a judge/witness/prosecuter, yet criminals still get their one phone call.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    6. Re:Internet Ban by dark_requiem · · Score: 3, Insightful

      You are operating under the assumption of guilty until proven innocent. Mitnick stole source code, which I most certainly do not condone, but he by no means attempted to commit acts of terrorism, death, or destruction, nor did he provide any probable cause to suspect him of such intentions. This is the entire basis of (pre-neo-con) American law. Law enforcement must always take a back seat to innate rights, or freedom loses, not criminals. When law enforcement supersedes innate rights, you have, by definition, a police state. If you don't believe me, take a look at what the Shrub is doing as president.

    7. Re:Internet Ban by Zeinfeld · · Score: 3, Interesting
      He would set up his most devastating hacking scripts and make them activatable by a modem listening on a dedicated phone line. And all you need to launch the attack is a phone call to a specific number. Of course, Kevin was actually a pretty different character but the authorities didn't really have any way of verifying that this was the case.

      That is exactly the sort of thing he did, repeatedly.

      Outlaws have always attracted support from the gullible who want to romanticize their behaviors. The fact is that Butch Cassidy and the Sundance Kid were both brutal murderers, same for Bonnie and Clyde. Mitnick didn't kill people but he did his best to make life very unpleasant for a lot of people.

      The point is that a person arrested for making harassing telephone calls does not get to use their telephone call to call their victim. There is no right to a telephone call, only to have someone contacted which can be on your behalf if the police choose.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    8. Re:Internet Ban by xchino · · Score: 5, Interesting

      "Of course, Kevin was actually a pretty different character but the authorities didn't really have any way of verifying that this was the case."

      Nor do they have any way of varifying that my one phone call wont do the exact same, nor yours, nor anyone elses. We have the presumption of innocence in this country, and it's one of those troublesome rights given to us by our misguided founders. Of course, I'd like to make a phone call in that same situation, I'm sure you would too, but it's ok to forget about due process if it's someone else, right? I dont care if they thought the guy was Hitler reincarnate, he was an american citizen and deserved the same fair treatment as you or I.

      --
      Everyone is entitled to their own opinion. It's just that yours is stupid.
    9. Re:Internet Ban by Anonymous Coward · · Score: 0

      But what would stop him from having somebody else make the call for him. For instance, he could tell his lawyer to call his friend Steve, who is a witness who can help his case.

      The lawyer does so, and the plan is hatched.

      The only way your theory would make sense if they restricted him from all human contact (including letters), but they were going to give a him a telephone?

      How does this make sense from a law enforecement standpoint again?

    10. Re:Internet Ban by Anonymous Coward · · Score: 0

      I would, because he was a citizen of the country and it's the law.

    11. Re:Internet Ban by Anonymous Coward · · Score: 0

      This was the little Slashdot quote that was at the bottom of the page:

      "Writing free verse is like playing tennis with the net down."

      So, in other words...just as hard? Because you're playing against the other guy and now he doesn't have to worry about the net either, and he'll be returning the ball in ways much more difficult for you to receive. It's him you have to beat.

    12. Re:Internet Ban by damiam · · Score: 1
      We just need to pretend we are the police and start with the assumption that Kevin is indeed a powerful hacker-terrorist committed to causing death and destruction.

      Last time I checked, we started with the assumption that people are innocent until proven guilty.

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    13. Re:Internet Ban by Breakfast+Pants · · Score: 1

      "There is no right to a telephone call, only to have someone contacted which can be on your behalf if the police choose." Caveat: it's not exactly a right if it's only when the police choose. I agree there is no right to a phone call, but there is a right to have a lawyer contacted, if the police choose or not. Unless we are talking about certain drug cases (most of the laws allowing this for drug cases was heavily supported by Kerry.. a strong "critic" of the PATRIOT act who also supported it being passed) or cases covered in specific parts of the PATRIOT act.

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    14. Re:Internet Ban by Anonymous Coward · · Score: 0

      Hey fucktard... Can you cite the law that guarantees you a phone call?

      Didn't think so.

    15. Re:Internet Ban by DissidentHere · · Score: 2, Insightful

      Ha ha ha ha ha ha ha ha, Ha ha ha ha ha ha ha ha, Ha ha ha ha ha ha ha ha, Ha ha ha ha ha ha ha ha, sorry, my stomach hurts.

      You've never been picked up for anything, even for anything as simple as a speeding ticket, have you?

      While the law says you are innocent until proven guilty, the reality is, you suffer the consequences until proven innocent.

      For example, in my state, if you get a speeding ticket, you are expected to pay the fine unless you show up in court and defend yourself. Therefore, guilty until proven innocent. In my state, if you don't show up for court, and don't pay the fine, they revoke your license and have a warrant out for your arrest. Doesn't sound too innocent to me.

      Also, in my state, if you get picked up for DUI (obviously not a good behaviour), you have your license revoked, even if proven innocent (in county court), your license is still revoked. Sounds guilty to me.

      If you're innocent until proven guilty, then why isn't bail set immediately, on a schedule so there is no need to spend any time in jail? Why should an innocent person spend any time in jail?

      Don't kid yourself, legally, your assumption is correct, but in practice it is very clear that the opposite it true. While the US may be a bit more easy in this respect, at least the UK admits to an adversarial system. The cops, the judge and prosecutor assume you guilty until proven innocent. I'm afraid it might be human nature.

      --
      "None of us are as dumb as all of us." - meeting mantra
    16. Re:Internet Ban by Txiasaeia · · Score: 0
      "For example, in my state, if you get a speeding ticket, you are expected to pay the fine unless you show up in court and defend yourself. Therefore, guilty until proven innocent. In my state, if you don't show up for court, and don't pay the fine, they revoke your license and have a warrant out for your arrest. Doesn't sound too innocent to me."

      Call me crazy, but if a cop *hands you a speeding ticket*, chances are he just clocked you at going *over the speed limit*. I know, I know, crazy stuff. In fact, by letting you come to the courthouse later, it's almost like you're released on your own recognisance before you see a judge. If you don't show up, then your "bail"/licence is revoked and you go to jail.

      We're not talking about you committing fraud with no witnesses and no record trail; we're talking about a cop that looks at a couple numbers and notices that they're higher than they should be. My point is that, when you're given a speeding ticket, it's given with the understanding that you've JUST BEEN FOUND GUILTY OF SPEEDING, else you wouldn't have gotten the ticket in the first place.

      Ha! Glad I bought Law & Order seasons 1 and 2 after all!

      --
      Condemnant quod non intellegunt.
    17. Re:Internet Ban by bigsteve@dstc · · Score: 1
      We have the presumption of innocence in this country ...

      But when you have been found guilty by the law courts, this obviously does not apply.

      Anyhow, it is irrelevant. The authorities are allowed to draw conclusions on the likelihood that someone may do something, and act on those conclusions ... within the law. In this case, the restrictions placed on Kevin Mitkin by the judge and the prison authorities were legal, prudent and (IMO) fair. As a convicted felon, he did not have all of the privileges of a normal citizen.

    18. Re:Internet Ban by westlake · · Score: 1
      My point is that, when you're given a speeding ticket, it's given with the understanding that you've JUST BEEN FOUND GUILTY OF SPEEDING, else you wouldn't have gotten the ticket in the first place.

      What the cop has is "probable cause" that a crime has been committed.

      In accepting the appearance ticket, the driver agrees to pay the fine or present his defense in court, waiving his rights to any preliminary hearing, but avoiding a formal arrest and a trip to the pokey.

    19. Re:Internet Ban by Anonymous Coward · · Score: 0

      Can you cite the law that says murder is against the law off the top of your head? No? I guess, it must be allowed!

      For Christ's sake.

      http://www.aclufl.org/PDFs/DWB%20Bust%20Card.pdf

      http://www.hoffmanandassoc.com/crimlaw/criminal_ la w.html

      http://www.boulderdefense.com/callyourlawyer.htm l

      No, I still can't cite the law, but the ACLU says it's a right. I believe them.

    20. Re:Internet Ban by chrysrobyn · · Score: 1

      Nor do they have any way of varifying that my one phone call wont do the exact same, nor yours, nor anyone elses. We have the presumption of innocence in this country, and it's one of those troublesome rights given to us by our misguided founders. Of course, I'd like to make a phone call in that same situation, I'm sure you would too, but it's ok to forget about due process if it's someone else, right?

      We have the presumption of innocence in the US, certainly. The police also have the burden of protecting the populace. They had a great big uncertainty cloud surrounding Mitnick -- they had no idea what he was capable of, or his real motivations. It's easy for those of us who have studied his case to understand how mistreated he was, but for the police who didn't know if he would be able to use the phone line and damage the general populace, this was a very simple decision.

      The Bill of Rights says nothing about my one phone call. I think it would be very reasonable for the police to call a lawyer for someone whose phone skills are in question. Heck, maybe the police should just drive down to the address of that lawyer, or some other designate of the accused. Mitnick's case was filled with things that make it different from Joe Sixpack getting pulled over for DUI. It was a very non-standard crime with little prescedent. Stuff went wrong and part of it was the police acting to protect us from things that they didn't understand.

    21. Re:Internet Ban by jasonditz · · Score: 2, Insightful

      I'm sure I'm not the only person uncomfortable with giving police free reign every time they run into a situation they don't understand.

    22. Re:Internet Ban by Chris+Daniel · · Score: 1
      restrictions placed on Kevin Mitkin by the judge

      Mitnick, you dolt! :-)

      --
      Don't blame me -- I voted for Roslin.
    23. Re:Internet Ban by Ender_Wiggin · · Score: 1
      How about Kevin Poulsen? Wired had a story on him a while back.

    24. Re:Internet Ban by FreeQ · · Score: 1

      i wish i could mod this +20 gooood

    25. Re:Internet Ban by WNight · · Score: 1

      I doubt a kidnapper arrested while the rest of their gang remained at large with the hostage would be allowed a phone call. They simply need to show evidence of a potential danger.

    26. Re:Internet Ban by Tim+C · · Score: 3, Insightful

      So, are you legally entitled to that one phone call, or are you legally entitled to contact someone (lawyer, friend, family member, etc)? That is, is it an unquestionable violation of your rights if they refuse to allow you to make the call but give you pen and paper to send a letter, or offer to go pick the person up and bring them in to talk face to face, etc? If so, can you point to the statute that makes it such?

      Not trying to be an arse, but I would have thought that the point is to allow the prisoner to contact the outside world, *not* to give them a phone call. For instance, what of a mute? Do they have no right to contact, because they can't use a phone?

    27. Re:Internet Ban by Lost+Race · · Score: 2, Insightful

      It doesn't even matter whether he was an American citizen. The rights recognized by the US Constitution are innate human rights; everybody has them.

    28. Re:Internet Ban by Knightking · · Score: 1

      He wasn't a convicted felon at the time. In fact, he wasn't even put on trial for an extended period of time (8 months iirc).

    29. Re:Internet Ban by sokoban · · Score: 1

      You do know, however that most if not all calls from jails in America are recorded. Calling in a hit from jail is both dumb and wrong.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 is the magic number.
    30. Re:Internet Ban by Rainer · · Score: 2, Interesting
      We just need to pretend we are the police and start with the assumption that Kevin is indeed a powerful hacker-terrorist committed to causing death and destruction. Now what would a hacker-terrorist do for a contingency plan? He would set up his most devastating hacking scripts and make them activatable by a modem listening on a dedicated phone line. And all you need to launch the attack is a phone call to a specific number.

      You almost got it right.

      He would use a "dead man switch". Not calling the number for a day or two would trigger the attack.

    31. Re:Internet Ban by initialE · · Score: 1

      Step 1: Plug modem into dedicated phone line Step 2: Connect evil device of doom to said modem Step 3: Telemarketer calls ... There is no Step 4.

      --
      Starbucks, Harbuckle of Breath.
    32. Re:Internet Ban by evilviper · · Score: 1
      most if not all calls from jails in America are recorded.

      Yes, but so would Mitnick's calls...

      I was referring more to just having a number setup that would automatically notify someone to follow-up on a pre-determined message. Even though they would be recorded, it would be practically impossible to prove what you were saying if you had even a reasonable system...
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    33. Re:Internet Ban by stridebird · · Score: 1

      Yeah. The police should have called the number first to check if there was a modem waiting for him on the other end...

    34. Re:Internet Ban by Anonymous Coward · · Score: 0

      I'd do it the other way 'round and have my scripts do their dirty deeds when I *don't* call every 24 hours.

    35. Re:Internet Ban by Vo0k · · Score: 1

      Step 3: device expects some dialtone code to activate. Telemarketer just gets a standard voicemail. This way you don't even need the line to be dedicated. "I just wanted to call my mom!"

      --
      Anagram("United States of America") == "Dine out, taste a Mac, fries"
    36. Re:Internet Ban by cammoblammo · · Score: 1

      Unless, of course, you are an enemy combatant from a militia not tied to any particular nation. Or, if GWB is right, an enemy combatant from anywhere.

      --

      Cogito, ergo sig.

    37. Re:Internet Ban by cammoblammo · · Score: 1

      Here in Australia (IANAL, BTW) these things are called 'Expiation Notices.' I a speeding ticket once, and the text went something like:

      'You will soon be summonsed to appear in Court to hear the Prosecution present their case. You will be given the oportunity to present your defence... However, if you wish to dispose of this matter, please pay an amount of $$$ by ...'

      In other words, no decision about guilt would be made, and you just opted to take a lesser fine and perhaps a record made against your license. It reduces administrative paperwork, unclogs the court and police systems for real crime, and you get away without a conviction, lost wages or a bigger fine. It's so much easier, for me and the Courts.

      In effect, it's an officially endorsed bribe---pay this, and we'll make it all go away!

      --

      Cogito, ergo sig.

    38. Re:Internet Ban by ThePilgrim · · Score: 1

      shouldn't that be 10 double plus good

      --
      Wouldn't it be nice if schools got all the money they wanted and the army had to hold jumble sales for guns
    39. Re:Internet Ban by Shadowlore · · Score: 1

      For example, if you get a DUI, you'll very likely lose your license. You may also be prohibited from drinking. It varies by the state and circumstances. Now say you go to a bar and drink. You probably won't get caught. But if you go to a bar and are involved in a bar fight, now you'll be dragged off for VOP.

      Now let us say you were NOT told to not drink. Yet you went to a bar, got drunk, and got into a fight. Are you going to get slammed for violation of parole? Yes, yes you are. Why? becuase getting arrested is a violation of your parole. Getting in drunken fights "in puBlik-" is a VOP even if you are out on parole after having committed embezzlement or fraud - things that likely had nothing to do with getting drunk.

      So I don't think your example flies very well.

      If he didn't have the beer, they would have needed real evidence to arrest him.

      And therein lies the crux of the problem. It is merely an excuse to create something else for you to get busted for. Something that is otherwise perfectly legal and not harmful to others is now, for you specifically, illegal.

      The example case you give above (the Ricci case), you demonstrate how such things are tools for abuse of power. Remember, the only power a government has over you is to make you into a criminal. They have no authority over peolpe who "follow the rules". Anytime they make it easier to trump something up or get you more than once for the same thing, you have a dangerous increase in "police state" mentality.

      And no, I don't mean "Double Jeopardy" (which or course by that I don't mean the game show either. ;) ) statutes. I mean the case where one action can be construed as multiple *separate* crimes crimes, they can then charge you for multiple crimes.

      --
      My Suburban burns less gasoline than your Prius.
    40. Re:Internet Ban by Anonymous Coward · · Score: 0

      And all you need to launch the attack is a phone call to a specific number.

      Damn! That was the wrong number I called last night!

    41. Re:Internet Ban by PJ_Hooker · · Score: 1

      You're forgetting that at the moment of the potential phone call, he's not yet convicted. And there's that pesky "innocent until proven guilty" thing...

    42. Re:Internet Ban by zerocool^ · · Score: 1

      Kerry.. a strong "critic" of the PATRIOT act who also supported it being passed

      I wish you wouldn't; it's getting very, very old.

      Why is Kerry the only person on the planet who is not allowed to change his mind based on how past decisions play out? He voted for the patriot act (like over 90% of house and senate members). Then, when he (and everyone else) saw that it was being applied to other situations than it was intended (fighting terrorism was it's goal, it ended up being used to convict drug producers of chemical warfare etc.), he decided that it wasn't such a good idea.

      So, he changed his mind. Good for him. It would have been stupid to support it even after it had been shown to remove the rights of citizens.

      ~Wx

      --
      sig?
    43. Re:Internet Ban by twiddlingbits · · Score: 1

      Enemy combatants are protected by the Geneva Convention. But they must be cleared identified as belonging to a sanctioned military unit of a recognized nation. Terrorists such as Al-Queada don't fall into those categories. Even though the Geneva Convention is not applied these detainees are treated well compared to how they would be treated by other nations.

    44. Re:Internet Ban by Paul+Jakma · · Score: 0, Flamebait

      But they must be cleared identified as belonging to a sanctioned military unit of a recognized nation. Terrorists such as Al-Queada don't fall into those categories.

      Absolute horse shit. No matter how many times idiots like yourself, who have certainly never read the GCRTPOW repeat this tripe, its simply not true.

      If a person is not a combatant, then they're a civilian (or more rarely medical personel or clergy.). So they're either a POW, in which case you are allowed to detain them securely but you have to be nice, or they're civilians, in which case you have to be careful not to shoot them, be as nice as possible as possible. If someone is a combatant, under the GCRTPOW, the only way you can claim they are not a POW is if competent tribunal determines such - until that time, they are POWs.

      Repeat after me: If it's war and they were fighting you, they're POWs and you must treat them as such, until competent tribunal says otherwise.

      Idiot...

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
    45. Re:Internet Ban by biglig2 · · Score: 1

      To be precise, the relevant portion of the relevant conventions states that the following are to be treated as POWs:

      1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.

      2. Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:

      (a) That of being commanded by a person responsible for his subordinates;

      (b) That of having a fixed distinctive sign recognizable at a distance;

      (c) That of carrying arms openly;

      (d) That of conducting their operations in accordance with the laws and customs of war.

      3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.

      4. Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.

      5. Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.

      6. Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

      --
      ~~~~~ BigLig2? You mean there's another one of me?
    46. Re:Internet Ban by Yartrebo · · Score: 1

      In that case, George Washington was nothing more than a murdurous traitor who was responsible for the deaths of many a fine troop of King George. Now had he actually listened to what you're saying, and not had a little insurrection (and no one else had an insurrection), we would still be grovelling at the English throne.

      You need to look at each case individually. How is the general public effected and how much? How are the recipients and sources effected and by how much? Does the source inclusive-or the target have any natural or moral rights to do the act or be spared the act (in the case of IP, both can make a compelling case, though I side with the source [which is the copier in the case]).

      And if it isn't clear cut, don't make a sweeping statement about it.

    47. Re:Internet Ban by Trifthen · · Score: 1

      While you have a point here, I'm more deeply disturbed by his assertion that you lose your license even if proven innocent of a DUI in court. I don't know the particulars of this, but if he's right, something is seriously wrong with the system.

      --
      Read: Rabbit Rue - Free serial nove
    48. Re:Internet Ban by twiddlingbits · · Score: 1

      Thanks for posting the relevant sections.

      The only possible area of applicability is #6, and most of the terrorists that have been detained are NOT been inhabitants and do not "carry arms openly and respect the laws and customs of war". Before someone says #1 applies the terrorists in no sense of the word " Party to the conflict ".

      You can bitch and moan about this all you want but it's pretty straightforward in meaning. In fact the GC was never INTENDED to deal with terrorists, it came into being after WWI.

      Also, just because a nation signed up the the GC does not mean they have to live by it. There really aren't a lot of repercussions. Mybe a war crimes trial at the Hauge before an International court, assuming they can find the abusers and extradict them. Even then they better have a LOT of evidence.

      I also noticed how one respondant ignores the fact that other nations don't treat terrorists any better or apply the GC either.

    49. Re:Internet Ban by Anonymous Coward · · Score: 0

      I think you parsed the post incorrectly.

      The police can choose to deny you a direct phone call and instead call on your behalf.

      They can't simply refuse to allow any contact at all.

    50. Re:Internet Ban by Anonymous Coward · · Score: 0

      Additionally, how do you know that the cop didn't just write down any old speed he felt like? I think the question here isn't so much the law, presumption of innocence, whatever, but something more subtle.

      There is a growing distrust of law enforcement. As more and more reports of police brutality and other misc behaviours, there is less and less trust that police are doing what they do because it's in the people's best interest.

      Throw in the abuses that iraqi prisoners faced by American solders, and other misc things like the well known fact that a good majority of customs officers are just bullies with a badge (I've had one insult me and my country to my face with no provocation), and it's not much of a stretch that people will/have develop a real distrust of any form of law enforcement personnel.

      The number of stories/news reports/etc regarding abuse of power outnumber positive stories by massive ratio.

      It doesn't matter anymore how guilty or innocent the 'perpetrator' is, nor how honest or dishonest the cop is. The perception is that no matter the circumstance, the cop will very likely abuse his power and there isn't a damn thing you can do about it.

      And as Dubya has done an excellent job of proving, perception is the *only* thing that matters.

    51. Re:Internet Ban by Hoi+Polloi · · Score: 1

      They could just monitor the phone call or put some sort of electronic delay in his transmissions so they'd have a chance to block something like that (as long as they warn him first). Television censors delay transmissions all the time.

      It isn't up to the police to arbitrarily suspend basic rights. We're all one false accusation away from being in the same situation ourselves.

      --
      It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
    52. Re:Internet Ban by Firethorn · · Score: 1

      Actually. NO.

      yourself, who have certainly never read the GCRTPOW

      I've studied the Geneva conventions. It's part of my job(military).

      You have a number of categories.
      Civilians
      Combatants
      Clergy
      Medica l Personnel.

      Civilians, Clergy, and Medical Personnel do not keep their status if they fight. Well, there is an exemption that people can protect themselves against unlawful forces (ie brigands).

      Combatants are further divided up into lawful and unlawful categories. Lawful combatants are POWS. Al Qaeda are not lawfull combatants since they do not fulfill the measures needed to be considered lawful. The Iraqi military did, and I haven't heard any stories about their being held.

      Of course, my instructions were basicly "treat them like a POW within these parameters: treat wounds, don't hurt them, speed them to the rear to the people better trained to handle prisoners and determine their status.

      Al Qaeda doesn't operate following the conventions, so technically we could treat them like spies and execute them without trial. There are other treaties, accords, and such that disallow this, but the geneva conventions don't matter.

      --
      I don't read AC A human right
    53. Re:Internet Ban by HTH+NE1 · · Score: 1

      In this case, the restrictions placed on Kevin Mit[nick] by the judge and the prison authorities were legal, prudent and (IMO) fair.

      Excuse me, but shortly after his ban on contact with computers expired wasn't it reported that there was a court ruling that such bans were unconstitutional? I remember people talking about the suspicious timing of that ruling.

      But then, a ban on contact with all computers isn't the same as a ban on contact with the Internet. They haven't some out to say that the latter is not needlessly restrictive. At least until VoIP becomes more mainstream.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    54. Re:Internet Ban by elemental23 · · Score: 1

      My point is that, when you're given a speeding ticket, it's given with the understanding that you've JUST BEEN FOUND GUILTY OF SPEEDING, else you wouldn't have gotten the ticket in the first place.

      Likewise, if you're arrested for any crime, you MUST be guilty or else the police wouldn't have arrested you.

      --
      I like my women like my coffee... pale and bitter.
    55. Re:Internet Ban by arashi+no+garou · · Score: 1

      Well, coming from a law enforcement background, I know for a fact that (at least in the state of Georgia) the supposed "right to make one free phone call" is total crap perpetuated by movies and TV. You do have the right to contact an attorney and IF you ask for one it's a free call, but beyond that, unless you are good at sweet-talking the Sergeant on duty, you are usually only allowed to make collect calls from the payphone in the holding cell or general population detention area. There are exceptions; one jail I worked at allowed a free phone call to anyone (other than your victim) as long as you behaved yourself during the booking process. If you acted a fool and caused delays or other problems for the booking officers, you were promptly shown your holding cell until you decided to calm down. My point being, it's not a guaranteed right but rather a per-institution privilege.

      This is right up there with the absurdity that you should wait 24 hours before reporting a missing person. Any police department or investigator will tell you that the first 24 hours are the most critical in finding someone. Thanks to shows like Law and Order, many missing people who might have been found if promptly reported are most likely lost forever.

    56. Re:Internet Ban by Zeinfeld · · Score: 1
      In that case, George Washington was nothing more than a murdurous traitor who was responsible for the deaths of many a fine troop of King George. Now had he actually listened to what you're saying, and not had a little insurrection (and no one else had an insurrection), we would still be grovelling at the English throne

      Treason never prospers, for if it prospers none dare call it treason.

      If the war had gone differently the adulatory biographies would have been written about Benedict Arnold.

      If innocent until proven guilty meant what some appear to it would mean that the police cannot even arrest someone until they have been found guilty.

      Thats not how it works, if you are arrested and suspected of being a dangerous person the police have a right and a duty to take steps they consider necessary to stop you from committing further crimes until they can get you in front of a court. They can also ask a court for further restrictions to stop you running away &ct.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    57. Re:Internet Ban by DissidentHere · · Score: 1

      In MN, if you get a DUI, losing your license is not a part of the criminal penalty for the crime, it is an administrative penalty. you can request an administrative review, but this comes even before arraignment (SP?) -> you can't possibly have been found (or plead) guilty yet. So, even if let's say you get off on a technicality in criminal court (say the breath test was not calibrated correctly), you are still without a license for X months and still need to pay a rather sizeable reinstatement fee.

      Makes good sense huh? Pretty much guilty even if proven 'innocent'

      --
      "None of us are as dumb as all of us." - meeting mantra
    58. Re:Internet Ban by DissidentHere · · Score: 1

      You're point is perfectly valid, and I prefer the current system to going to jail and/or court every time I get a speeding ticket. And you are correct, paying the ticket is paramount to pleading guilty and not going to court is like skipping bail. So maybe that one wasn't the best example.

      At the same time, I would prefer a point system like many states use. Here, you sort of get the benefit of the doubt on minor traffic offenses. You get X points before having to pay or go to court, and after a period of time the points expire. You don't have to pay, but if you wish, you can challenge the ticket in court. Being someone who averages 1 traffic offense every 5 years, usually not major or really _too_ intentional, I'd like to get the benefit of the doubt that I'm a safe and carefull driver.

      >We're not talking about you committing fraud with no >witnesses and no record trail; we're talking about a cop that >looks at a couple numbers and notices that they're higher than >they should be. My point is that, when you're given a speeding >ticket, it's given with the understanding that you've JUST BEEN >FOUND GUILTY OF SPEEDING, else you wouldn't have gotten >the ticket in the first place.

      You were making great sense up to here. A machine cannot find you guilty. Existence of evidence does not make you guilty (or innocent cough OJ, cough :-) In most places, there are rules about how often the radar gun is calibrated and the officer usually has to show up for court to testify as well. In fact, in many places, you cannot get a speeding ticket with a radar/camera system. In places where you can, there is often controversy.

      BTW - If you're learning law from a TV show, you should be extra sure to have a lawyer for just about anything. TV is notorious for being rather inacurrate and incomplete. Have fun watching, but no reflection of real life.

      --
      "None of us are as dumb as all of us." - meeting mantra
    59. Re:Internet Ban by cammoblammo · · Score: 1

      Whilst I understand that the Geneva Convention wasn't written with terrorists in mind, the fact is that terrorists exist and we will find ourselves in the position of having to deal with them after their capture.

      I don't think it's right to use the holes in the Geneva Convention as an excuse for torture. My original post was a reply to someone who said that the US recognises human rights on the basis of a person's humanity, irrespective of their citizenship. That doesn't seem to apply in this case.

      Now I'm not saying we should house them in the Hilton (it'd probably get bombed anyway...!) but I think the spirit of the Geneva Convention would suggest that torture probably isn't a great idea morally.

      And yes, I understand that we're talking about immoral people. That's the problem with war. Our enemies are always immoral, but we afford them what the Geneva Convention says we must.

      There's still the question of whether or not members of Al-Qaeda are lawful or unlawful combatants. The War on Terror is a strange War if there are no legal enemies.

      --

      Cogito, ergo sig.

    60. Re:Internet Ban by Txiasaeia · · Score: 1
      "BTW - If you're learning law from a TV show, you should be extra sure to have a lawyer for just about anything. TV is notorious for being rather inacurrate and incomplete. Have fun watching, but no reflection of real life."

      This is /. - my nick should be IANAL ;) I meant my post to be somewhat satirical, but with a hint of truth - it really is a matter of a cop reading "52" when it should be "50." If you're innocent, they wouldn't pull you over, right? Not sure why this warranted me an overrated...

      --
      Condemnant quod non intellegunt.
    61. Re:Internet Ban by bigsteve@dstc · · Score: 1
      I think you may be referring to the Heckenkamp case where the hacker's lawyers were going to challenge the constitutionality of pre-trial restrictions. For example, here (Apparently he/they were challenging on the grounds of restriction of free speech. That sounds dubious to me ... after all he could easily write down what he wanted said on paper and get someone else to 'post' it.) Anyway, I could not find any material on the web that mentioned whether the challenge succeeded or not. Somehow I doubt it.

      Interestingly, the article linked above also mentions other cases of internet restrictions imposed by judges during sentencing.

    62. Re:Internet Ban by Breakfast+Pants · · Score: 1

      But did he actually change his mind? He stated numerous times that the law wasn't bad it was just the attorney general who was enforcing it and that the only damn thing he would really have to do is replace the general. He hinted that he would weaken it in some respects but that means about jack shit when he crafted some of the earlier bills which were used to take away similar basic rights from "inhuman" drug dealers and he isn't claiming to do anything about them.

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    63. Re:Internet Ban by Paul+Jakma · · Score: 1

      That Michael Dorf article is fascinating, and just goes to show that eminent qualifications are no barrier to spreading crap about requirements of GCRTPOW (indeed, obviously they make the crap he spouts more effective). He rests his conclusions entirely on one or two of the more stricly defined categories of Article 4 and then ignores the other broader categories, but most importantly completely ignores what Article 5 has to say about what should be done if there's doubt:

      Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

      If in doubt, they're POWs, until competent tribunal says otherwise. Stated in the clearest of language. The people in Guantanemo have not had their status decided by competent tribunal, AFAIK.

      Al Qaeda doesn't operate following the conventions, so technically we could treat them like spies and execute them without trial. There are other treaties, accords, and such that disallow this, but the geneva conventions don't matter.

      They taught you this in the military? If so, god help us all, if not, you've drawn a conclusion which is utterly wrong. You can *not* execute them as spies until they are tried by competent tribunal, and until that time they are *POWS*. There is precedent for this, in the battle of the bulge in the Ardennes in WWII the germans sent special forces behind enemy lines dressed as US soldiers, with captured US military equipment. They caused a lot of confusion obviously. These germans when captured were held, tried as spies by military tribunal and then shot. However, until they were properly charged they were POWs.

      The whole point of the Geneva Conventions is to ensure that people in theatres of war are either kept of out combat (ie civvies, medics, priests, wounded soldiers, etc) as much as possible or else (ie combatants) once captured as treated as well as security concerns allow, and, most importantly, that any other treatment must first be sanctioned by competent tribunal. Ie, treat them well and ensure they are afforded due process before any punishment can be meted out.

      If you think, as a military man, that these people in "Gitmo" have been given that then woe betide you or your fellow soldiers when it happens to them. What kind of precedent do you think this sets for US soldiers who are captured in future conflicts? "Ah but the people in Gitmo are terrorists" doesnt cut it, cause many of them have , after several years of close confinement, interrogation, all without any kind of judicial supervision (either military or civilian) been released back to afghanistan or to the UK because they were indeed simply civilians who were in the wrong place at the wrong time. Precisely the kind of injustice the Geneva Conventions, if followed, were designed to protect against.

      Its sad you think this is justifiable. These conventions protect you as much as anyone else. Your employer, by undermining them, endangers you, the ordinary soldier, almost as much as anyone else. But you've been brainwashed to think "ah but they're terrorists, my government says so, so its ok". Sad..

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
    64. Re:Internet Ban by Firethorn · · Score: 1
      If you think, as a military man, that these people in "Gitmo" have been given that then woe betide you or your fellow soldiers when it happens to them. What kind of precedent do you think this sets for US soldiers who are captured in future conflicts? "Ah but the people in Gitmo are terrorists" doesnt cut it, cause many of them have , after several years of close confinement, interrogation, all without any kind of judicial supervision (either military or civilian) been released back to afghanistan or to the UK because they were indeed simply civilians who were in the wrong place at the wrong time. Precisely the kind of injustice the Geneva Conventions, if followed, were designed to protect against.


      I'd love to be treated like we treat prisoners at Gitmo. As it is, I know there is a 95% chance I'll end up with my head sawed off with a knife if I'm captured by those we're currently in conflict with. It's a sad state, but I can't remember a time when we fought an enemy who paid more than lip service to the conventions.

      As for the people we've released, it takes time to decide if you have a case or not. If you were a German soldier captured near the beginning of WWII, you'd still have three more years before you'd be returned home. I've also read that a number of them have been spotted/caught running with terrorist organizations after their release, in some theater (not necessarily american, some have been found fighting the russians).

      Like has been said, the geneva conventions are a poor fit for terrorists. We aren't holding many Iraqis in Gitmo. We're holding people foreign to the area of conflict there. While I object to the no communication part(how hard would it be to let them write letters home?), you are allowed to question POW's. The methods do push the line, but are also not as severe as are commonly practiced in the surrounding areas. Also, given the nebulous "War on Terror", the "Geneva Conventions" are unclear on when we're supposed to release them.

      I'll also restate that my instructions are to treat them as POW's, speed them to the rear to the designated authority. I shouldn't have them more than a few hours. I'm not going to question them, abuse them, or anything.

      Its sad you think this is justifiable. These conventions protect you as much as anyone else. Your employer, by undermining them, endangers you, the ordinary soldier, almost as much as anyone else. But you've been brainwashed to think "ah but they're terrorists, my government says so, so its ok". Sad..

      We're fighting an enemy who ignores and attempts to use the convention to their own advantage. We're fighting an enemy who executes their prisoners(mostly civilians!) for propaganda. I have no doubt that some iffy things are happening in Guantanamo Bay. However, I have to ask myself: By doing these things, is the government making me and my country safer from the thugs with no regard for the conventions?

      When I consider the issue carefully, I draw a distinction between Insurgents and Terrorists. We've cut deals with insurgents, but the ones that actually leave the country are the most likely to be terrorists.
      --
      I don't read AC A human right
    65. Re:Internet Ban by Paul+Jakma · · Score: 1

      I'd love to be treated like we treat prisoners at Gitmo.

      Oh please... If US soldiers taken POW were shackled, drugged, interrogated and confined in open cells there would be uproar from the USA. Imagine if US soldiers were treated in same way as those in Abu Graib and other US military run prisons in Iraq.. Indeed, there was uproar at the photos of the dead US soldiers shown by Saddam's govt - even though every day on TV there were pictures of Iraqi soldiers either POW or dead.

      As it is, I know there is a 95% chance I'll end up with my head sawed off with a knife if I'm captured by those we're currently in conflict with.

      You mean like Jessica Parker (or whatever her name was), who when captured was taken to a local hospital by Iraqi soldiers? Or you mean like the systemic abuse, rape and torture of prisoners held by the US military in Iraq? Ask yourself how the US' conduct in Iraq has contributed to the high probability that US soldiers captured now would be murdered..

      As for the people we've released, it takes time to decide if you have a case or not.

      Indeed it could do. And, unsurprisingly, the GCRTPOW has this covered, see article 103.

      If you were a German soldier captured near the beginning of WWII, you'd still have three more years before you'd be returned home.

      Err, of course. You are allowed to detain POWs in suitable POW camps, (??) for as there is conflict. That's the point.

      Further, 3 years? (joking) I know sometimes Americans have trouble with the concept that the rest of the world exists and functions even when the US' attention is not upon it, but WWII started ~3 years before the US got involved! ;) There were germans who were held as POWs in the UK for more than 3 years, eg german airman shot down over england or scotland and captured.

      I've also read that a number of them have been spotted/caught running with terrorist organizations after their release, in some theater (not necessarily american, some have been found fighting the russians).

      In the mess of Chechnya you mean? Thank Yeltsin and Putin for that. However, that doesnt change the fact that innocent civilians have been kept detained, and undoubtedly been subject to interrogation bordering on torture, for years at gitmo.

      Like has been said, the geneva conventions are a poor fit for terrorists.

      Rubbish. Read the bloody conventions. The Geneva Conventions have gone through several iterations since their conception in the late 1800s. Many countries are contracted parties and each undoubtedly has had their counsel review and work on them. The United States, interestingly, btw is *not* a contracted party to the most recent round of Geneva Conventions in the 1970s - the US is a signatory, but never ratified by Congress. I think the US might be fully contracted to the 1949-1950 round of the conventions, but I do not know for sure.

      Anyway, the Geneva Conventions do have these things covered. The conventions provide for judicial proceedings against POWs. See Section VI, Chapter III, "PENAL AND DISCIPLINARY SANCTIONS", Part III "Judicial proceedings". The GCRTPOW does not directly cover terrorism, because it has no need to - it merely provides the standards required for the Detaining Power to prosecute POWs unders its own laws. Which ought to be sufficient.

      Please note Articles 99 and 102, which essentially mandate that the detaining power must apply the same laws and judicial standards as it would to a member of its own armed forces. Which means that if you argue "the GCRTPOW doesnt fit well for terrorism", then what you're really saying is "US Law and the US UMC dont fit well for terrorism" - which is rubbish.

      We aren't holding many Iraqis in Gitmo. We're holding people foreign to the area of conflict there.

      Rubbish, a lot may not be afghani, but some (of those released at least) were.

      you are allowed to question POW's

      I

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
    66. Re:Internet Ban by Firethorn · · Score: 1

      You mean like Jessica Parker (or whatever her name was), who when captured was taken to a local hospital by Iraqi soldiers?

      That's a key word, Iraqi Soldiers. We're no longer fighting Iraqi Soldiers. They spent some time in POW camps(often eating better food than what they had before). Except for specific individuals, they've pretty much been released.

      I have some names for you: Nicholas Berg, Kim Sun-il, Paul M. Johnson Jr., Eugene Armstrong.

      As for the POW's being held, I meant three more years. As in they've already been held for three years.

      Oh please. "Well, they've done worse" - that's your justification? Especially when you have no idea whether the captive to hand has any relation to those who "have done worse". Further, this is the exact same argument the extremists on the *other* side use when they chop the head off some US civilian they've captured "Well, the US does the same to us". Nice little vicious circle this type of moral leadership brings one into.

      Please, when the USA starts chopping off heads in Gitmo, and the terrorists start speaking harshly at their prisoners, we'll talk again.

      Oh NB: Gitmo, Abu Ghraib, and other abuses - I dont really blame US soldiers (though, they should have refused to do these things), I blame your current administration.

      Actually, I blame Abu Graib on the soldiers who commited the offenses. Remember: Court Martials are proceeding.

      On the whole, our treatment of the prisoners at gitmo are very good. I will agree with you that tribunals should have been conducted long ago, even if only for simply checking to see if we have enough to hold them for longer. I also think that they should of been allowed communication with the outside world.

      --
      I don't read AC A human right
    67. Re:Internet Ban by Paul+Jakma · · Score: 1

      They spent some time in POW camps(often eating better food than what they had before). Except for specific individuals, they've pretty much been released.

      I agree, they've been treated well. As for food, well that's what the GCRTPOW demands, you give them the best food you practically can of the choices of the food they're used or the food your own soldiers eat.

      I have some names for you: Nicholas Berg, Kim Sun-il, Paul M. Johnson Jr., Eugene Armstrong.

      How many is that? Can you name Iraqi's or Afghanis who've died in US custody - there have been quite a few cases, but they barely get reported. Now obviously they're just dirty Arabs or Pashtuns or whatever, lives not as worthy as our western ones, by virtue of them being muslim like the terrorists who destroyed the twin towers or bombed the trains in Madrid, but...

      (ok, the sarcasm is possibly slightly heavy there, but there is a huge disparity in reporting of this conflict between the evils visited on innocent western civilians and the evils visited, intentionally or not, on the Afghanis and Iraqis).

      As for the POW's being held, I meant three more years. As in they've already been held for three years

      In close confinement, shackled, drugged and tortured, or at least subjected to some quite coercive treatments - all without any kind of due process to even ensure they werent actually innocent civvies. If you were a Muslim, could you not see how this would make you really anti-american, just as much as the WTC attacks made americans so anti-muslim that US citizens have no problem with the deportion of arbitrary Muslim civilians to, effectively a torture camp (you can call it coercion as Rumsfeld does, but that's picking nits), without any right to due process? I can understand americans being angry about 9/11, but can you not see that by the same measure, the USes actions in the middle east since then might, in the same way, have provoked even greater hatred in return?

      And that's ignoring the fact that muslims, particularly in the middle-east, already had some long-standing grievances with the USA anyway - possibly not utterly unjustified either. Eg, the USA has been promising successive members of the House of Saud that the USA will push strongly for a palestinian state - going back to Roosevelt promising this to King Fahd *during* WWII in return for King Fahd giving his blessing to the creation of the state of Israel. (And King Fahd pretty much spoke for the Arab middle east back then). And lets ignore the mistakes made by the USA as part of the games played with USSR during cold war (eg Iran.. the reason the Iranians despise the US so much is cause they remember the Shah - and that resentment transfers to most of the rest of the Shia muslim world. The US has never apologised for its role in Iran to the Iranians, but instead treats them as pariahs to this day.).

      Please, when the USA starts chopping off heads in Gitmo, and the terrorists start speaking harshly at their prisoners, we'll talk again.

      Firstly, under the auspices of the US military, following policy which looks to have come from Rumsfeld, far more has been done than just talk harshly at prisoners. Did you read the report by General (i cant remember his name right now) into Abu Ghraib which was presented to the senate earlier this year? That general concluded there was systemic abuse, and that it was ordered by military intelligence.

      There are other reports since then, including investigations into execution of prisoners, along with torture, in prisons all across Iraq, not just Abu Ghraib - and I think Guantanamo too. The people who have been released from those facilities are talking too - it doesnt get reported as much as beheadings of western civilians, but if you look you'll find them. The UK High Court has ruled that British soldiers actions are tryable under UK law for violations of human rights, and cases are being brought against the UK govt in England by Iraqis regarding cases of abuses wh

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
  5. Banned from the Internet? by Anonymous Coward · · Score: 3, Funny

    Easy just use the Internet2.

    1. Re:Banned from the Internet? by Anonymous Coward · · Score: 0

      Or the other way around, ban people from the Internet2. If people start switching to the Internet2, the regular Internet will become some renegade wasteland of criminals and social degenerates. Sort of like Australia. I kid, I kid.

    2. Re:Banned from the Internet? by Phroggy · · Score: 3, Funny

      Or one of the other Internets GW Bush mentioned.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    3. Re:Banned from the Internet? by Geoffreyerffoeg · · Score: 1

      Will you get presidentially pardoned, so that you can use the internets?

    4. Re:Banned from the Internet? by Kenshin · · Score: 4, Funny

      Or, alternately:

      "It's not the internet... it's AOL!"

      --

      Does it make you happy you're so strange?

    5. Re:Banned from the Internet? by aussie_a · · Score: 1

      I find your characterisation of Australia as a wasteland offensive. Now excuse me I have to go back to creating my child porno films.

    6. Re:Banned from the Internet? by ScrewMaster · · Score: 1

      Actually, the TV ad said, "AOL ... it's the Internet ... and a whole lot more!"

      --
      The higher the technology, the sharper that two-edged sword.
    7. Re:Banned from the Internet? by AdamTheBastard · · Score: 1

      Never fear! My Dingos will take care of the parent's attempts at making child pornos.

    8. Re:Banned from the Internet? by Anonymous Coward · · Score: 0

      In Korea, only old people use internet.

    9. Re:Banned from the Internet? by Anonymous Coward · · Score: 0

      yeah right, like that's an option :)

  6. hard to verify by remosain · · Score: 0

    There will always be cyber coffes around the world. Or Telepohones ... It sounds good but I don't know how practical can the order really get.

    1. Re:hard to verify by Chess_the_cat · · Score: 4, Insightful

      It's not meant to be practical. It's put in place so that if you're caught again doing something illegal on the Internet they can nail you on breaking the ban and give you a heavier sentence.

      --
      Support the First Amendment. Read at -1
    2. Re:hard to verify by westlake · · Score: 1
      It's not meant to be practical. It's put in place so that if you're caught again doing something illegal on the Internet they can nail you on breaking the ban and give you a heavier sentence.

      It also means you can be hauled back into the slammer to serve out your full time on the first offense.

  7. Terms by dirkdidit · · Score: 3, Interesting

    With voice over IP becoming more common place with carriers like Vonage, etc., phone calls are starting to travel over the internet. Does an internet ban mean they are banned from all things internet? If it does, some people may screwed 5 or 10 years down the road when it comes to even using a telephone, as they too will use the internet.

    1. Re:Terms by Anonymous Coward · · Score: 0

      If you're on probation/parole and you screw with (fail to gleefully grab your ankles for) the cops it will.

    2. Re:Terms by DigitalTechnic · · Score: 0

      "With voice over IP becoming more common place with carriers like Vonage," Maybe more common but will never ever in a million years replace a POTS line because POTS are 1049038983048948409584398458 times more reliable. Internet down, bam no phone with vonage.

    3. Re:Terms by dark_requiem · · Score: 2, Informative

      That was the problem with the Mitnick case, if I understood it correctly. The way I heard it, the judge in the case banned him from using a computer, in general, for professional or personal reasons, for some number of years. Which prevents him from doing anything but manual labor. McDonalds uses computers for taking orders, so he couldn't even work there. I could be mistaken, but that was what I was given for the details of the case. Of course, I was 16 and rather impressionable at the time, and I was reading about this on 2600.com, so my information may not be correct. If that was the case, he might still be able to use VOIP services like Vonage, as you don't need a computer per-se, so much as an internet connection and a unit to perform the protocol conversion. But for all I know, the converter could be considered a computer, since it does have a processor, memory, os, etc., so he might not even have been able to do that. If a court order can go that far, they could kill a man these days. Couldn't work, couldn't park, couldn't use an advanced cell phone, couldn't use the self-check-out at the supermarket... IANAL, but if it does go that far, I'd be appaled.

    4. Re:Terms by PedanticSpellingTrol · · Score: 1

      Mark of the beast! Mark of the beast!! And you wonder why christians are taking over the country....

    5. Re:Terms by NanoGator · · Score: 1

      " Does an internet ban mean they are banned from all things internet?"

      No. They're not going to get caught using the net unless they're caught causing trouble in a chat room. If they're not causing trouble in the chat room, then they're safe since they won't show up on the radar. It's just like probation.

      I'm not sure why it's assumed that it's a failure if they actually get back on the chat room. That's not the point. The consquences if they offend again will be seriously worse.

      --
      "Derp de derp."
    6. Re:Terms by EvilAlien · · Score: 1

      Not necessarily... merely having an Internet account or access to one in someone elses' name at the same residence could be a violation of the terms of the ban. Thats easy to find out with periodic checks... depends on how despicible the banned person is. If they are a child porn distributor, law enforcement people could be pretty motived to keep the asshat off the net.

      --
      perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
    7. Re:Terms by Knightking · · Score: 1

      During the time he wasn't allowed to use a computer the companies he worked for provided a dedicated typer/reader.

    8. Re:Terms by mintrepublic · · Score: 1

      If a court order can go that far, they could kill a man these days.

      Yes, they can and they do, in 38 states.

  8. Specific to anglo-american law system by yanestra · · Score: 4, Interesting
    These bans are very specific to the anglo-american law system, I suppose. It works by threatening with punishment for "contempt of court", which is a construct, I think, not present in any other modern law system.

    It shouldn't be there either, because it opens the door to pure arbitrariness.

    1. Re:Specific to anglo-american law system by KillerDeathRobot · · Score: 1

      You don't even need to read the fine article to know it's not just America. Read the fine Slashdot post and notice it says worldwide. Britain, Australia and Canada have all done similar things.

      But then, perhaps you meant to include those countries in the designation "anglo-american?" If so I know at least three of those countries would probably be rather offended.

      --
      Thinkin' Lincoln - a web comic of presidential proportions
    2. Re:Specific to anglo-american law system by Anonymous Coward · · Score: 0

      Britian Australia Canada and the US are the very definition of Anglo-American jurisprudence. Note the Anglo in Anglo-American. Anglo == England.

    3. Re:Specific to anglo-american law system by yanestra · · Score: 1
      But then, perhaps you meant to include those countries in the designation "anglo-american?"
      Their law system is basing on the old system which was founded by William the Conqueror. I guess that's bad luck, but it doesn't mean that they are all Anglo-Americans. No, at least the Australians would object, I suppose.
    4. Re:Specific to anglo-american law system by Anonymous Coward · · Score: 0

      Why would Canada and Austrailia be offended by "anglo-american"? They have a common British culture, at least ancestrally.

    5. Re:Specific to anglo-american law system by Anonymous Coward · · Score: 0

      Why would Canada and Austrailia be offended by "anglo-american"?

      Because we're not American?

    6. Re:Specific to anglo-american law system by JanneM · · Score: 1

      Those countries (and most - all? - other Commonwealth countries) share the same system of law (from the British legal system), as distinct from the continental system of law used in most other countries.

      --
      Trust the Computer. The Computer is your friend.
    7. Re:Specific to anglo-american law system by T-Ranger · · Score: 3, Informative

      The phrase you are looking for is "English Common Law".

    8. Re:Specific to anglo-american law system by kalidasa · · Score: 3, Informative

      Exactly, in opposition to (e.g.) "Roman Law" (the basis of the Napoleonic Code and many other European-originated law codes), which comes out of Justinian. IANAL.

    9. Re:Specific to anglo-american law system by konekoniku · · Score: 1

      it does open the door to arbitrariness, but lets face it - anything that involves the interpretation of law with regards to human society involves a large degree of flexibility (and thus arbitrariness) anyway. this is true for code and well as common law systems. and actually, though IANAL, on first glance i doubt this is true - that code law systems don't have a misdemeanor analagous to "contempt of the court," even if those exact words might not be used. can anyone verify?

    10. Re:Specific to anglo-american law system by secolactico · · Score: 1
      Why would Canada and Austrailia be offended by "anglo-american"?
      Because we're not American?

      Sure you are. Just what continent do you think Canada is on?
      --
      No sig
    11. Re:Specific to anglo-american law system by Anonymous Coward · · Score: 0

      Who are we? Canadians are American.

    12. Re:Specific to anglo-american law system by hunterx11 · · Score: 1

      You were still willing to join NAFTA.

      --
      English is easier said than done.
    13. Re:Specific to anglo-american law system by CustomFort · · Score: 5, Informative

      I am afraid that you do not understand the subject matter. These terms would be parts of parole, not Contempt of Court. Parole is basically the prisoner trading hard time for external life, with extreme restrictions.

      Contempt of court (in the American System) has two forms of occurence and two forms of punishment. There are Direct (telling the judge to go fuck himself) and Indirect (disobeying a court ordered moratorium on proceedings) forms. The punishment can be either Criminal (jail time) or Civil (removal from the courtroom). Civil punishment ceases once compliance with the judge's orders are met, and Criminal punishment requires a trial, with proof beyond a reasonable doubt.

      I really don't see too much room for "pure arbitrariness", because Judges who act improperly can be censured, and federal judges can be impeached. Local judges are typically elected officials, so they have the same responsibilities to the public as say the sheriff, who has far more power.

      I am sorry that you seem to think that it opens the door to "pure arbitrariness", but doesn't giving any position of power do the same? I would hope that we have enough faith in the judicial system that this small bit of power isn't so abused as to be to a net deficit?

    14. Re:Specific to anglo-american law system by tuxter · · Score: 1

      And what continent is Australia on ass-hat? I most certainly am not an American.

    15. Re:Specific to anglo-american law system by zoeith · · Score: 1

      Yes... other countries, in place of "contempt of court" and forced testimony from grand juries, just beat the shit out of you and torture your family till you give in. Our system is not perfect... but? With no subpoenas, grand juries, and contempt of court the US and the other listed nations' legal systems would be a) nothing or b) torture. There are different terms that mean the same things in other countries.

      --
      Zoeith
    16. Re:Specific to anglo-american law system by Anonymous Coward · · Score: 0

      Sorry, but the US is the one these days using torture -- I live here and we are very lucky there is no torture here (yet?), but I get disgusted whenever I see some official's feeble excuse for why it's a good idea to throw out our alleged civilization in dealing with alleged terrorists.

      And there are many very civilized countries (many in Europe, of course) that are not anglo-american and that do not use torture.

    17. Re:Specific to anglo-american law system by Anonymous Coward · · Score: 0

      It is actually not that arbitrary. Criminal contempt is held to the same standard as other criminal acts - you get your due process rights and all, beyond reasonable doubt standard. ~ Law Student

    18. Re:Specific to anglo-american law system by amokk · · Score: 1

      The best part about this is that to further aid in confusing the hell out of people, we have implemented BOTH systems in Canada.

      --
      I think, therefore I am an Atheist.
    19. Re:Specific to anglo-american law system by Anonymous Coward · · Score: 1, Interesting

      Contempt of court is, to my knowledge, specific to common law jurisdictions, which would include England & Wales, Canada, the US, Australia, New Zealand and (I believe) Ireland. It might also include some former British colonies that have retained the common law system. So, although one could describe these systems as "Anglo-American", that would be misleading and would fail to show proper respect for the distinct nature of those other, non-English, non-American jurisdictions.

      You might argue that Anglo-American includes these other jurisdictions by implication, since they are all parts of the world that the British used to control. If you're going to adopt that argument, however, then you should take it to its logical conclusion, which is that there is only one system - the English common law - and a bunch of derivatives.

      As much as some Americans would like to forget it, your country was once a colony too, and your legal system is largely based on the English common law (with the notable exception of Louisiana, which I believe still has a civil law system borrowed from the French). However, that would discount the unique and valuable contributions of American law ;)

      In any event, contempt of court is historically a common law offence (as opposed to one defined in a statute), and so it may have been modified, replaced, qualified, etc. by the legislatures in those countries.

      In Canada, it's the only criminal offence that is not codified in the Criminal Code. In fact, it is specifically retained by s. 9. Here, at least, a court cannot find someone in contempt for purely arbitrary reasons, and if one did, then they get slapped down pretty quick by the court of appeal, since a right of appeal from a conviction for contempt is set out in s. 10.

      I imagine comparable safeguards exist in other common law jurisdictions.

    20. Re:Specific to anglo-american law system by nels_tomlinson · · Score: 1
      "contempt of court", which is a construct, I think, not present in any other modern law system.

      Contempt of court is based on the assumption that the courts are not contemptible. The courts have been doing their best, for decades now, to undermine that assumption.

    21. Re:Specific to anglo-american law system by nomadic · · Score: 2, Insightful

      It shouldn't be there either, because it opens the door to pure arbitrariness.

      If judges don't have the ability to find people in contempt, then court orders become voluntary, which is kind of the opposite of the point.

      And contempt charges are especially easy to appeal, and they're routinely overturned.

    22. Re:Specific to anglo-american law system by TheNastyButler · · Score: 2, Informative

      Well Australia just took the parts of the US and UK that we liked and gelled them together. The first example to come to mind is the fact that our upper and lower houses are named after the US ones (Senate and House of Reps) whereas the institution itself takes it's name from the British (Parliament).

    23. Re:Specific to anglo-american law system by Chandon+Seldon · · Score: 1

      You understand perfectly. In the world today, there are two legal systems. There is the American legal system (which may be vaguely based on some brittish system, but they're not important) and in every other country they use a third world system where they torture the accused until they confess.

      Yup. Totally.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    24. Re:Specific to anglo-american law system by nickco3 · · Score: 1

      Actually the Roman Law originated in the Roman Republic more a thousand years before the important update provided by Justinian. The Law of Twelve Tables was established in Rome 449 BC. These were 12 wooden tables explaining the law displayed to the citizens in the Forum. Before that the laws were kept secret(!), citizens were actually subject to the law without knowing what it was.

      --
      -- Nick "Hallo this is Beel Gates, und I pronounce weendows as ... WEENdows"
    25. Re:Specific to anglo-american law system by zoeith · · Score: 1

      Fair enough. You are correct.

      --
      Zoeith
    26. Re:Specific to anglo-american law system by Anonymous Coward · · Score: 0

      The point is that in the other major system of law, the continental European legal systems (aka civil law, based on old Roman law and updated by Napoleon) a judge cannot just invent a condition like "you are not allowed to use the internet". They can only prescribe punishments specified by law.

      Most of us in the continental Europe really do find those common law punishments rather quaint. But I suppose the system works for you all right.

    27. Re:Specific to anglo-american law system by Anonymous Coward · · Score: 0

      OK, I'm sure you have the checks and balances working reasonably well, but it still smells of "pure arbitrariness" to someone accustomed to a civil law system. In continental Europe a judge must choose the punishment from those proscribed by law, not just make up something. Of course, there might be cases where a little additional flexibility would be useful...

    28. Re:Specific to anglo-american law system by Anonymous Coward · · Score: 0

      Actually in some cases the ban was in place after all jail time was considered served (in Mitnick's case, IIRC), not as a condition of parole.

    29. Re:Specific to anglo-american law system by Nimey · · Score: 1
      Local judges are typically elected officials, so they have the same responsibilities to the public as say the sheriff
      Never heard of your stereotypical Southern sheriff? Corrupt as the day is long and they /still/ get re-elected.
      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
    30. Re:Specific to anglo-american law system by Nimey · · Score: 1

      And no, I don't want a fucking ipod. Go away.

      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
    31. Re:Specific to anglo-american law system by Anonymous Coward · · Score: 0

      Never heard of your stereotypical nigger? Black as hell and a thief to boot!

      Never heard of your sterotypical Jew? Do anything for money and people /still/ won't let us gas them!

      Why don't you go crawl back under the rock you came from.

    32. Re:Specific to anglo-american law system by kalidasa · · Score: 1

      IIRC, Roman law before Justinian is not normally considered in discussions of (modern) common law (i.e., one doesn't normally go back to the 12 Tables when discussiing precedents in a European court case - but I am not a lawyer).

  9. Zero Cool by LewsTherinKinslayer · · Score: 3, Interesting

    The term "internet" is a damn broad statement in and of itself. I think that has a lot to do with just exactly where to draw a line as to what's considered using the internet or not. Touchtone telephones for example. A grey area.

    I'd say that the aforementioned pedophile's example was quite a bit different. He has a rule like "no chat rooms for 10 years." I'd say a chat room is fairly easy to define, and a much clearer cut case.

    Also, the "toothless" threat of this is just like the "toothless" threat that is given to people on parole or probation for drug offenses. You can't be around anyone who is using drugs as part of the deal. Can they really enforce that too effectively? Its supposed to be a point. Something you're supposed to regulate yourself on, because, on the off chance they do find out, you're in a whole world of trouble.

    1. Re:Zero Cool by alpha_foobar · · Score: 1

      I disagree, the internet has always travelled via telephone wires. The fact that it doesn't have to and often doesn't is irrelevant, as the internet still travels the same mediums as telephones. So I agree, the internet has always been and always will be grey area and difficult to define. As for the chatroom, it is also difficult to define accurately and without ambiguity. For example, I would say that IM isn't a chatroom... although it is possible to add more than one other person to a conversation... so at what point would it become a chatroom? I would also claim that message boards are not chatrooms... though it is clear that a chatroom is a chatroom... but what about everything else involving messaging on the internet.. or intranet? So I think its all pretty similar to being around people that use drugs... If you don't regulate yourself I guess you have a much better chance of getting real punishment.

    2. Re:Zero Cool by QuantumG · · Score: 1

      A "chat room" is easy to define? Oh please, go ahead, define it. Maybe I'm just not hip to the lingo like those groovy judges these days, but the only time I've ever heard the term "chat room" uttered by another human being is when I'm watching some outdated/ill-informed tv show. I vaguely remember AOL lusers calling IRC channels a "chat room" back around 1997 when AOL gave up trying to keep them off the net and opened the flood gates. But hey, I'm sure there's some weirdos out there that consider Slashdot to be a "chat room". Go on, define it.

      --
      How we know is more important than what we know.
    3. Re:Zero Cool by superpulpsicle · · Score: 1

      All this convicted person has to do is write his java chatroom on some website, and he'll own 100% of the code. He can make his own rules, and others who join it has to play by it. Not that he would... but he could.

    4. Re:Zero Cool by Anonymous Coward · · Score: 0

      A chat room is a Web site, part of a Web site, or part of an online service such as America Online, that provides a venue for communities of users with a common interest to communicate in real time. Forums and discussion groups, in comparison, allow users to post messages but don't have the capacity for interactive messaging.

      Next!

    5. Re:Zero Cool by mrpostal · · Score: 1

      I disagree with the drug analogy.

      *cop waives over car*

      cop: "Excuse me sir, we're conducting random Internet tests, will you please hand over your Internet?"

      you can't test for internet use.

    6. Re:Zero Cool by Planesdragon · · Score: 1

      Sure.

      Chat Room: A multi-user environment were messenges between users are posted immediately to an interface that is shared by all users, typically using a dedicated document window that does not require refreshing and that is not specifically saved to a web-accessable permanent file.

      An IRC Channel is a "chat room." And little kids who break computers for fun are "hackers." Welcome to the English language, we're adaptive, not proscribed.

      And when a judge gives specific prohibitions, he'll likely be as wordy as possibe so that the poor pedophile's lawyer will interpet the rule as "don't go into any online thing where you can communicate with little boys."

    7. Re:Zero Cool by Anonymous Coward · · Score: 0

      Picture a *nix server, with everyone having root/wheel privs, and the "wall" program. Instant many-to-many communication. But is it a chatroom?

      Is an MMORPG a chatroom? Sure, you can chat, but in order to be using the system, you have to have some sort of presupposed "goal" other than that (usually thriving in the game).

      There are many programs that "blur the line". Even a multiplexed named pipe is a chatroom if you want it badly enough. Also, if the communication and user-messaging portions are modularized and separate, it cannot really be considered a "chat room", but rather an "Instant Messailing List" to coin a really crap phrase.

    8. Re:Zero Cool by LewsTherinKinslayer · · Score: 1

      That wasn't exactly what the analogy was. A provision of probation for a lot of drug offenses is that also can't be around anyone who is doing drugs, even if you aren't. Its hard for police just randomly show up at your friends house and see you're hanging out with a drug offender. Same for the internet.

  10. Working globeandmail.com login by IO+ERROR · · Score: 4, Informative
    Freshly registered during The Mysterious Past:

    Login: CowboyNeal
    Password: CowboyNeal

    --
    How am I supposed to fit a pithy, relevant quote into 120 characters?
    1. Re:Working globeandmail.com login by Anonymous Coward · · Score: 0

      too bad someone changed the password already :(

    2. Re:Working globeandmail.com login by IO+ERROR · · Score: 1

      Hmph, well, it was working. Some AC posted the article text in the meantime, though.

      --
      How am I supposed to fit a pithy, relevant quote into 120 characters?
    3. Re:Working globeandmail.com login by Planky · · Score: 1

      Who the hell modded the parent offtopic? It's a login for the story on globeandmail.com!

    4. Re:Working globeandmail.com login by IO+ERROR · · Score: 1

      They may as well mod it back down; the Globe and Mail disabled the login within minutes. Probably after they figured out I used a VISA gift card with $0.00 left on it to register with.

      --
      How am I supposed to fit a pithy, relevant quote into 120 characters?
    5. Re:Working globeandmail.com login by Anubis350 · · Score: 1

      it might also have been the enourmous horde that logged in on the created account that tipped 'em off......

      --
      "goodbye and hello, as always" ~Prince Corwin, from Zelazny's Amber series
  11. what I think it means is by WormholeFiend · · Score: 2, Informative

    If you're banned by the court to normally legal X activity, and you are caught doing X activity, then you can be fined and/or sent to jail.

    1. Re:what I think it means is by WhatAmIDoingHere · · Score: 2, Funny

      Oh shit, thanks captain slappy!

      Are you being a smart ass or are you really that stupid?

      --
      Not a Twitter sockpuppet... but I wish I was.
    2. Re:what I think it means is by mspring · · Score: 1

      But it all hinges on the definition of X, on which layer it is defined. Does a voice call getting routed over the Internet constitute "using the Internet", does surfing the Web using an intermediate person constitute it, does it when the the other person is a travel agent when booking a trip???
      -Max

  12. Slashdot via Snail Mail? by toxickiwi · · Score: 1

    This is almost cure and unusual punishment... no more checking Slashdot every 5 minutes, I guess it would have to be delivered by post ;)

    1. Re:Slashdot via Snail Mail? by LewsTherinKinslayer · · Score: 1

      This is almost cure and unusual punishment... no more checking Slashdot every 5 minutes, I guess it would have to be delivered by post ;)

      Actually, he hangs out a local Kinko's, telling them to refresh the main page and print the screen every five minutes.

    2. Re:Slashdot via Snail Mail? by andfarm · · Score: 1

      ... the First Post, I suppose?

      --

      TANSTAAFI: There Ain't No Such Thing As A Free iPod.

  13. Definition of Internet ban by sjrstory · · Score: 0

    I think the courts would need to define what an Internet ban really is. As IP spreads to nearly every device and medium, in the foreseeable future it could be rather hard to avoid. Is calling your mom from a VoIP phone considered using the Internet?

  14. AOL by Anonymous Coward · · Score: 5, Funny

    I think if someone is banned from the Internet for hacking they should be forced to use AOL, dial-up, version 1.5.

    1. Re:AOL by chaffed · · Score: 5, Funny

      I think that qualifies as Cruel and Unsual Punishment

      The "unusual" provision, at least, is clear: providing that persons will not be subjected to arbitrary, humiliating, or carpricious punishment outside the normal course of the law

      --
      What could possibly go wrong?
    2. Re:AOL by hendridm · · Score: 1

      How about Windows 3.0 with Trumpet Winsock, manual dial, and NCSA Mosaic 1.0.

    3. Re:AOL by wezzul · · Score: 1

      Crimeny, let them use the latest version of AOL. It's not like they are getting BETTER with each increment.

    4. Re:AOL by IO+ERROR · · Score: 1

      Being forced to use AOL is punishment in and of itself!

      --
      How am I supposed to fit a pithy, relevant quote into 120 characters?
    5. Re:AOL by Anonymous Coward · · Score: 0

      With a 1200 baud modem. Over twisted pair from Qwest.

    6. Re:AOL by PedanticSpellingTrol · · Score: 2, Funny

      Heh... When I first went of to university last year with my shiny new DIY computer, one of the first thoughts that came into my mind was "gee, here I am with a 2 Ghz processor, half-gig of ram and 24 Mbit connection to the internet.... let's see what Windows 3.11 can do with it". Suprisingly, there's software out there for all the tasks I normallu use my desktop for... web browsing, IM, watching DIVX encoded movies... should've had an older video card with a fully compatible driver though. Pr0n just isn't the same in 16-color VGA.

    7. Re:AOL by Kirth · · Score: 1

      Definitly, such a ban is "Cruel and Unsual Punishment" because it most probably prevents the convict from working. With what else should a computer-specialist work if not with computer(-networks)?

      --
      "The more prohibitions there are, The poorer the people will be" -- Lao Tse
  15. Reg-free link to the globe article... by Anonymous Coward · · Score: 0

    news.google.com (Click on 'Edmonton man jailed for luring teen on-line')

    1. Re:Reg-free link to the globe article... by Anonymous Coward · · Score: 0

      Dumbass. Did you try going 'straight to the article'? It's called a HTTP REFERER, you stupid fuck.

  16. Internet ban by Anonymous Coward · · Score: 0

    It means that one is not allowed to use an "Internet Browser", for example "Internet Explorer", or any program that substantially mimics the behavior of said program. Being "on the internet" means to be using either such a "Browser" or other program or feature of a program which makes substantial use of the Internet. The Internet is defined as any computer network directly or indirectly connected to the Internet. "Chat room" means any feature, program, or service that is substantially similar to various "Internet" services known as "Chat". Using a program is defined as interacting with said program via a user interface or something substantially similar to a user interface.

  17. Re:Edmonton man jailed for luring teen on-line (te by Anonymous Coward · · Score: 0
    "It's been really hard. . . . If I could just turn back time," he told the court.

    Yeah, I bet you're hard and wish you could go back to "those times".

  18. Did you know? by Prophetic_Truth · · Score: 4, Informative

    Minor Threat along with Mucho Maas authored ToneLoc, a great war dialer. Hours upon hours I sat, watched, and listened while it scanned. Great Stuff..

    --
    time is a perception of a being's consciousness
    time is your 6th sense, the wierd ones are 7+
    1. Re:Did you know? by QuantumG · · Score: 4, Interesting

      Ahh ToneLoc, those were the days. Here in Australia we used to have 008 freecall numbers (now we have 1800 numbers like the rest of the world). I remember I scanned a block of 10,000 numbers over the course of a week. I got a nasty little letter from the national telephone carrier Telstra warning me not to abuse the telephone system. I remember calling them up and demanding what the hell their problem was. "It's a free call, I can make as many as I wish" I said. They told me there had been a complaint. Some travel lodge claimed they had received over a hundred calls with no-one on the other end (the call would last nothing more than 1 or 2 seconds before the modem dropped the connection and moved onto the next number). I insisted that I had called each number in the block no more than once in the entire scan. Telstra sent me a list of dates and times for the calls that had been connected to the complaining travel lodge's phone. There was over 300 calls that had been connected. I correlated the times that Telstra had sent with my scan logs and found that Telstra had routed three 100 number blocks to the same telephone. Once I explained this to the technician who had been assigned the matter he immediately found and corrected the problem. These days I suppose they would have just sent the cops around to arrest me on some trumped up terrorist charge or something.

      --
      How we know is more important than what we know.
    2. Re:Did you know? by Anonymous Coward · · Score: 0

      My god, war dialing was my life, we even had a private sub on a local bbs to organize our scans (pacbell had unlimited local calls), and we would post the results of prefix scans, then share the hacks. We had a PBX that worked for 5 years, I think it belonged to DEC. One night, we were trying random 4 digit PIN's and R-O-C-K worked like a charm. Probably was someone's backdoor that went unaudited. There were lots of unpassworded systems back then, and we just wandered in for a look around usually. Occasionally we found something interesting ...... The bay area was, after all, full of computers.....

    3. Re:Did you know? by johansalk · · Score: 1

      I don't understand. What do you scan for? what does it do?

    4. Re:Did you know? by constandinos · · Score: 3, Interesting

      Sure do. Chris is a friend of Cerebrum and myself (tel0p). ToneLoc rocked. I even wrote a 'port' for my Commi 128 (with notification to boot ;). Fun times indeed. After a while I was 'banned' from the 'net' as well. In fact, I had to get permission to even use a computer (for college). [ due to a conviction for computer trespass into Boeing and the USDistrict court here in Seattle ].. the high-point of the 'ban' was when my USPO came into my bedroom, got on her hands and knees under my desk, and looked for a RJ11 cable going into my computer. Bah. Incidently her name was K. Stringer. Figures. Regardless, MT is a very cool dude and if you happen to go to the UT, check out his current doings. Oh, I've got that TonleLoc src around here somewhere too... :D

    5. Re:Did you know? by mindstrm · · Score: 2, Informative

      The basic idea is to have a computer + modem call every number in an exchange and log which ones were answered by modems.

    6. Re:Did you know? by JeremyALogan · · Score: 2, Informative

      In the US it was a crime long before the terrorist drabble cropped up. It is illegal to "make a phone call without intent to communicate". I think this one was written specifically for wardialers.

    7. Re:Did you know? by DunbarTheInept · · Score: 3, Interesting


      "make a phone call without intent to communicate".

      That describes every telemarketing call I've ever heard.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    8. Re:Did you know? by QuantumG · · Score: 1

      So calling the talking clock must be illegal right? Same with calling to hear the weather, or the joke of the day?

      --
      How we know is more important than what we know.
    9. Re:Did you know? by Anonymous Coward · · Score: 0

      I'll bet there's a provision in there, you know...

      idiot.

    10. Re:Did you know? by JeremyALogan · · Score: 1

      I'm laughing... if I had mod points (and hadn't already talked here) I'd give em up

    11. Re:Did you know? by JeremyALogan · · Score: 1

      Why are you attacking me? I don't write the fucking laws. However your flaimbait comment could be argued. With all of those services some peice of information is being conveyed, or, communicated. It doesn't have to be a two-way conversation for communication to take place.

    12. Re:Did you know? by danila · · Score: 2, Interesting

      So wardialing is legal, as long as your modem (voice modem) first says "I am going to test for the presence of a modem on this line"? IANAL, just looking for loopholes.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    13. Re:Did you know? by JeremyALogan · · Score: 1

      good question... you also have to take into account local laws too though

    14. Re:Did you know? by ajs318 · · Score: 1

      ..... which it actually does. The initial burst of "static" and the series of rising and falling pitches which follow are basically the modem's full repertoire of carrier signals. The modem on the other end picks one it recognises, and sends back a "ready" signal on that carrier. The first modem then either continues the conversation using that carrier frequency, or re-starts the negotiation. Unless both modems are programmed to retry indefinitely, one or the other will hang up on its own after too many abortive attempts.

      Speed negotiation could be regarded as communication. You'd just have to hope that two people on the jury knew how a modem works .....

      --
      Je fume. Tu fumes. Nous fûmes!
    15. Re:Did you know? by Kallahar · · Score: 1

      An *excellent* book on some australian hackers from the 90's. Free, too, though I got a signed copy for really cheap.

      http://www.underground-book.com

    16. Re:Did you know? by Spunk · · Score: 1

      Tsk tsk. Read up on your geek history :)

  19. Tantamount by KillerDeathRobot · · Score: 5, Funny

    A ban from the internet for me would be tantamount to a death sentence.

    --
    Thinkin' Lincoln - a web comic of presidential proportions
    1. Re:Tantamount by sjrstory · · Score: 0

      Death sentence being hyperbole of course. Humans have quite the knack for adapting to new situations. If your were marooned on an island, I think survival would be your prime motivator, and not how to get your next Slashdot fix.

    2. Re:Tantamount by Prophetic_Truth · · Score: 1

      you must be new here

      --
      time is a perception of a being's consciousness
      time is your 6th sense, the wierd ones are 7+
    3. Re:Tantamount by angedinoir · · Score: 1

      You must be an EverQuest player.

    4. Re:Tantamount by jstrain · · Score: 0

      I know this is Slashdot and all, but you really need to get away from the computer. There really is more to life than the Internet...

    5. Re:Tantamount by aussie_a · · Score: 1

      There is more to life then the Internet. There's Internet2.

    6. Re:Tantamount by NekoIncardine · · Score: 2, Insightful

      Niiiiiiice. I suspect that such bans from "the Internet" will begin to be tested soon enough, until the judges decide that it's easier to simply stick to assigning jail time. Bans from "Chat Rooms", however, as a far more definable offense, can stand effectively and may become an important tool in pedophile removal.

      --
      Omeg La. Rofl Leh.
    7. Re:Tantamount by Anonymous Coward · · Score: 0

      No, he's serious. He has a pacemaker. It's patented. He has to log into the Internet to renew his patent license. Every three months.

    8. Re:Tantamount by Anonymous Coward · · Score: 0

      No, it's even worse. It's like a sentence to death that you must commit by yourself - otherwise you could get fined or thrown to jail!

  20. Supervised deferment, aka parol/probation by Anonymous Coward · · Score: 0

    *Johnny slams the bong down on the table*
    Bob: wtf, johnny
    Johnny: Shit, I'm late for my PO meeting

    Officer: Ok Johnny time to pee in the cup.
    Johnny: Erm, i was at a concert (or some such feeble excuse) and i don't think i'm gonna be clean
    Officer: Do you want the vasoline now or later...

    It basicly defuses the excuse oh i was with some friends at a party and got a contact high.

    1. Re:Supervised deferment, aka parol/probation by ajs318 · · Score: 1

      ..... which is why they should just freakin' legalise the stuff already. Get this: People do not generally commit crimes whilst under the influence of controlled substances. Most "drug-related crime" is just simple theft, committed by people seeking to obtain controlled substances -- which is expensive and awkward precisely because those substances are illegal {and therefore really should be referred to as "drug-prohibition-related crime"}. Heroin gives non-users the horrors, but it's actually quite a benign substance if it's pharmaceutical grade and if you can afford to feed your habit. A heroin habit is really no more likely to "spiral" out of control than a tobacco habit; most people could reach a comfortable level and regulate their dosage. Obstacles being unknown dosage due to unknown purity {which is only an issue in the first place because the stuff is illegal} and cost {a £10 wrap actually costs pennies to manufacture; but dealing with illegality adds costs right, left and centre}. The drug that is actually most likely to make people behave in an anti-social way is alcohol, which is legal {if you're eighteen, or in your own home, at any rate}. Adults should be trusted with the decision of what they put into their own bodies -- and it's up to them to deal with the consequences. Chocolate is harmful; but if you banned chocolate, people would still be making it, selling it and enjoying it. It'd just be more expensive and probably poorer quality.

      --
      Je fume. Tu fumes. Nous fûmes!
  21. right- it's exactly about terms by conJunk · · Score: 3, Interesting

    The term "internet" is a damn broad statement in and of itself. I think that has a lot to do with just exactly where to draw a line as to what's considered using the internet or not

    that's exactly the question- what is using the internet, and, how reasonable is such a punishment as internet usage becomes even more common than it is now?

    10, or even 5 years ago, you could get by without an email address... you could have a normal family life, and an almost normal job, and never think about email... but now? how about 5 or 10 years down the road? not being allowed an email address would be like prohibiting someone from talking, or from using the postal system.

    a generalized internet ban would essentially mean somebody couldn't work, or, employers would have to put up unreasonable work-arounds, like a special extra employee to handle all the email for the ban-ee... it would be rediculous

    as other posters have mentioned, this will soon mean the ban would extend to most telephone use as well...

    so, hopefully, some court somewhere, like the british court that restricted the ban to chat rooms, will realize that they have to tailor bans to specific needs

    however, i think idea of these kinds of bans in general are a little dodgy anyway- take mitnik's ban, he had to put up with that after serving a prison term... well, come on here, if you've served your time you've served your time, and normal probation should follow... we don't tell jewelry thieves that they must serve their entire probation without entering jewelry stores, and imagine the uproar if a bank robber was told he had to serve his probation without entering a bank!

    that said, in the case of the pedephile, that seems pretty reasonable to me- if the popularity of bans continues, hopefully, they'll be restricted to recreational activities, such as chat rooms, but not prohibit uses that are necessary for one's livelyhood... but, this is the court system we're talking about, so i'm not keeping my fingers crossed

    1. Re:right- it's exactly about terms by aoptik · · Score: 1

      I agree with you 90% but how would we monitor a person from entering a chat room. This seems like a double-edge sword. If you prohibit people for lets say even a year from entering a chat room resources have to tap his equipment to check if he is not defying his probation, but this would deal with giving up our privacy. So we really want the courts to get involve at this kind of level? Also remember a very good criminal especially a cracker is more savvy than most investigators if you don't include NSA or CIA when it comes to cyberspace.

    2. Re:right- it's exactly about terms by Anonymous Coward · · Score: 0

      just because you 'serve time' doesn't mean that its all over when you get out.
      Take drunk driving for a really good example.
      You drink, you crash, you kill someone on the side of the road with your car. You serve time, and once you get out doesn't mean you should be allowed to drive.
      Yes its difficult to contemplate being banned from the internet and dealing with everyday life.
      Same can be applied to drink driving penalties, the point is that its supposed to make things difficult for the person that commited the crime.

    3. Re:right- it's exactly about terms by phek · · Score: 1

      actually, after getting caught for bank fraud (I'm pretty sure bank robbery falls into that category), you're not allowed to enter a bank or have a bank account for N years (in some cases at least).

    4. Re:right- it's exactly about terms by Nogami_Saeko · · Score: 1

      I was just sort of wondering about this exact thing...

      How reasonable is an "internet" ban? Would it also be reasonable to ban such people from "using a telephone", "watching TV", or "sending or receiving mail"?

      They probably have a case to make if they want to ban a specific activity (ie: chat rooms), but a global ban is pretty much both impossible to enforce, and could be easily viewed as unreasonable.

      N.

      --
      "Nothing strengthens authority so much as silence." - Charles de Gaulle
  22. Punative jeopardy by bm17 · · Score: 2, Interesting

    I would think that the point of something like this is to make sentencing easier if a person is caught for the same crime. Maybe there will be a point where they think the person has commited another crime and I'll the evidence that they have is the web activity. That would be enough to bring him in for questioning. And if they did convict him for this new crime, the penelty would be that much more severe if they could also pin breaking the Internet ban on him. I doubt that they expect to actually enforce the ban.

    1. Re:Punative jeopardy by winwar · · Score: 1

      "I would think that the point of something like this is to make sentencing easier if a person is caught for the same crime."

      But what is the point? If it was probation for a child molester, wouldn't it be better to say no unsupervised contact with children? That would include internet chat rooms, lurking at parks, etc. How is it actually useful to ban the person from the "internet"? It is akin to banning the ownership of paint for a person who committed vandalism-sure it sounds nice but can cause unintended consequences and is redundant.

    2. Re:Punative jeopardy by ajs318 · · Score: 1

      If you want to talk of banning people from the Internet, I think it would be far more productive to ban anyone under the age of 18 from using the Internet.

      --
      Je fume. Tu fumes. Nous fûmes!
    3. Re:Punative jeopardy by bm17 · · Score: 1

      Because proving that he was on the Internet is much simpler than proving that he had unsupervised contact with children, just as proving that someone circumvented a copy-protection mechanism is much simpler than proving that someone deprived a record company of a sale. Making a kid wait until 16 before he can drive is much easier than testing every 14-year-old who *thinks* he can drive. I'm not saying it is right. It's just a matter of logistics.

      I know a guy who's spent most of his adult life in prison due to parole violations. He did one bad thing when he was 18 and then kept returning to prison on parole violations, most of which he was unaware of. There is so much crime going on that it is impossible for the courts to go into detail on every single case.

  23. Job Requirements by Detritus · · Score: 4, Insightful

    At many jobs, a networked PC is standard office equipment and is needed for corporate email, time cards, etc. Would a court tell a convicted forger that he was prohibited from using pen and paper?

    --
    Mea navis aericumbens anguillis abundat
    1. Re:Job Requirements by Anonymous Coward · · Score: 0

      What "normal" company would want someone on probation for hacking a computer system on their network anyway? The only instance I could see is if they wanted to hire a hacker to test the security of their network -- in this case said hacker would be supervised and would most likely not be permitted to "surf the web", what a normal jury would consider being "on the internet".

    2. Re:Job Requirements by Anonymous Coward · · Score: 0

      Like anyone is going to offer a job to a pedophile.

    3. Re:Job Requirements by westlake · · Score: 1
      Would a court tell a convicted forger that he was prohibited from using pen and paper?

      Probably not, but under the terms of his release, a forger might be placed under restrictions to avoid temptation. He isn't to handle commercial paper or process legal documents.

  24. This would be difficult by durtbag · · Score: 3, Insightful

    I cannot imagine a punishment like that. I mean how many people needto use the WWW/Internet for school and work? Would they force you to resign from your job and/or change your major because you can no longer use the internet? This isn't like drunk drivers being banned from drinking. Alcohol isn't *cough* necesarry *cough* for most jobs.

    --
    itadakimasu
    1. Re:This would be difficult by sjrstory · · Score: 0

      I don't think an Internet ban is a punishment per say. Rather it's a means to reduce the risk of a repeat offense. Some people get a high off of committing certain wrongdoings, and just like drug addicts they are also prone to "environmental triggers". For example; if the crime in question was abducting kids from chat rooms, the act of logging in and engaging in innocent chat could rekindle desires to find a kid to chat to, and the cycle begins again...

    2. Re:This would be difficult by beerits · · Score: 4, Insightful

      This isn't like drunk drivers being banned from drinking.

      No it isn't. It is more like banning drunk drivers from driving.

    3. Re:This would be difficult by Anonymous Coward · · Score: 0

      Closer to banning drunk drivers from being in cars at all. They already ban them from driving.

    4. Re:This would be difficult by konekoniku · · Score: 1

      This is why it's called a "punishment." The penalty is intentionally meant to deter. It's like taking away people's drivers licenses - having a car is necessary for many jobs too, but the public seems to agree it's a valid punishment in some circumstances.

    5. Re:This would be difficult by Anonymous Coward · · Score: 0

      No it isn't. It is more like banning drunk drivers from driving.

      If you drive for work (eg delivery truck) a Canadian court will often allow a convicted drunk driver to drive (only) to earn a living.

    6. Re:This would be difficult by YrWrstNtmr · · Score: 1
      Quite often, its the same in the States. "You may drive to and from work, or in the capacity of your duties". And to my mind, that is completely wrong.

      Get caught drunk driving, and it should be "no driving". Period. No excuses, no 'to and from work'. Figure out a different way to get there. If you can't, well...you shouldn't have driven drunk.

    7. Re:This would be difficult by AmigaAvenger · · Score: 1
      Get caught drunk driving, and it should be "no driving". Period. No excuses, no 'to and from work'. Figure out a different way to get there. If you can't, well...you shouldn't have driven drunk.
      You realize this a direct analogy to you get caught hacking, no more internet?
    8. Re:This would be difficult by tomstdenis · · Score: 1

      whoa whoa whoa there. You're saying people should be responsible for their actions?

      That's a new one. What will you think of next, that our actions have consequences or that there are OTHER people out there?

      Hippies like you are what's wrong with this nation. Dollar made on someones back is the american dream n'est pas?

      Tom

      [hint: sarcasm]

      --
      Someday, I'll have a real sig.
    9. Re:This would be difficult by damiam · · Score: 1
      Would they force you to resign from your job and/or change your major because you can no longer use the internet?

      Plenty of people have to leave their job if they commit a crime and go to prison. Yes, it would suck to have an Internet ban imposed on you, but that's why it's called punishment.

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    10. Re:This would be difficult by eviltypeguy · · Score: 1

      I mean how many people needto use the WWW/Internet for school and work?

      Someone who takes online classes from a University, and who writes web applications for a living? :)

      Come on, it doesn't take much to think of this situation.

    11. Re:This would be difficult by Anonymous Coward · · Score: 0

      Punishment like this is more common than you might think.

      I used to know a guy who got caught stealing food from the back of a supermarket, when he'd been unemployed for several months. He got community service, a couple of days a week, for a year. His lawyer pointed out that he was studying part time, so that he could get a job, and one afternoon of the community service clashed with classes. The judge asked for the full timetable of his classes, then added a provision that he had to report to a police station at a time that was right in middle of each class. The judge then said that maybe when he'd been unemployed a few more years, he'd remember how wrong it was to steal.

    12. Re:This would be difficult by Anonymous Coward · · Score: 0

      In reality, he could easily appeal that I would think. So I don't really believe you, it all seems to fantastic.

    13. Re:This would be difficult by 10101001+10101001 · · Score: 1

      How about, if you take away someone's rights you have to keep them in jail/prison? Now, that's not to say that driving is a right (though it's basically a necessity in some places), but the use of the internet or to vote are fundamentally rights. Of course, this doesn't mean you don't have to pay to use the internet--freedom of speech doesn't mean anyone can freely put text in your newspaper. It does mean, however, that most states would have to make lifetime sentences for all felonies and hackers would spend a lot more time in jail.

      Now, you might think I state this because I want hackers to spend more time in jail. It's actually to the contrary. I want juries to be more aware of just how much time a person will be sentenced to for a crime. Paroles and probations are clear signs that there's a problem with the current punishment system. They're half-assed ways to cut down on the cost of punishment while still having a "feel good" feeling that justice is being served. If a sentence against someone cannot stand justly for the time alloted, then the sentence should not be. Mincing the issue does nothing to punish people or provide real justice for those who are punished.

      --
      Eurohacker European paranoia, gun rights, and h
    14. Re:This would be difficult by Anonymous Coward · · Score: 0

      What the fuck is up with judges inventing their own punishments? Who the fuck was that judge to say, "oh, hey, you're actually trying to further yourself, but since you stole a bit of food, I'm going to fuck up your education and make you go through it again, and possibly not even be able to get a job for many months, if not years".

      Judge tries to throw a sentence on me like that, I stand up and kick him in his fucking balls. Then they'll actually give me a normal sentence like some jail time, and not this new-age "alternate punishment" bullshit.

      Fucking right-wingers are so worried about "activist judges" who try to lessen discrimination by legalizing gay marriage, but nobody says shit about this crap. Fucking hypocrites, they can all eat my ass.

    15. Re:This would be difficult by tomstdenis · · Score: 1

      Using the net is not a right. Sorry about that little drop of reality...

      I agree that random "stipulations" are not going to make productive parolees but neither is protesting that you have a right to something.

      I say you get caught spamming people you should have your ability to use the net curtailed. Makes fucking sense to me.

      I'm so tired of having MY net experience ruined by asshat spammers, virus writers and yuppy windows users [who are criminals in my mind] just because people like you may feel guilty by handing out a fair sentence.

      Should a spammer get 10 years in jail? Not really. Should they be banned from net access for 10 years? Hell yes.

      Tom

      --
      Someday, I'll have a real sig.
    16. Re:This would be difficult by Anonymous Coward · · Score: 0

      Revoking driver's license is somewhat similar. However, judges will typically allow to drive to/from work and do some shopping (when you ask for it). I personally saw two cases like that. So I would think that you could ask for an exemption to use Internet at work and there is a good chance to get it.

    17. Re:This would be difficult by Freshie · · Score: 1

      This line is a shameless request for a gmail account
      Got one yet? freshie@gmail.com

      --
      'I don't want more choices. I just want better things.' - Edina Monsoon
    18. Re:This would be difficult by 10101001+10101001 · · Score: 1

      I don't know if you're trying to be a troll or not, so I'll reply back hoping you're not. Using the net is a right because freedom of speech is a right. And spammers can spam all they want so long as they don't commandeer another computer. I hate spam, no doubt. And I hate having to pay for, process, and discard all the spam that's out there. But, the same spam that could be selling you viagra could just as well be a movement to overthrow a corrupt government. The method, like P2P, is not just grounds for punishment.

      At the same time, people who commandeer computers should very much be punished with a few months or years in jail. While people who buy stuff from spam should be admonished because advertisement (which much of the spam is) only works so long as there are customers who spend money. That's not to say such people shouldn't be able to bring charges of fraud open the spammer, if applicable.

      Your last line brings up my exact point, though. You're unwilling to take away all the rights from a person, yet you're willing to arbitrarily (you can spam with junk mail) remove rights from a person because you don't like their actions. Their actions don't actually harm you, though (any claims of paying "extra" for the bandwidth to use your account is something you some amortize before even getting an email account). When spam becomes fraud, theft, or any other already existing crime, we can lock up a person for several years and people don't have to feel "bad" about locking up a person for 10 years. But if we make up low-entry laws and arbitrarily remove rights, we allow for rationalizing the suffering we cause them by knowing we're not sending them to jail.

      Or do you think we should, for example, ban j-walkers from walking on the street for a few years? Doesn't it seem a little ridiculous claiming there's all sorts of other means to get from place to place, so we're just easing everyone else's burden without the harsh punishment of jail time? A person out of jail is meant to be a free (wo)man. Mixing the free with the imprisoned is but a single step towards the tolerance of the ones who make the rules being the only ones free.

      --
      Eurohacker European paranoia, gun rights, and h
    19. Re:This would be difficult by tomstdenis · · Score: 1

      "I don't know if you're trying to be a troll or not, so I'll reply back hoping you're not. Using the net is a right because freedom of speech is a right."

      This is a logical fallacy [see http://en.wikipedia.org/wiki/Logical_fallacy] and simply isn't true [at least in Canada and the USA]

      The internet is a medium for communication. Sure you have the right to say whatever you want. Just not over the internet. Just like if you walk in my store I can stop you from talking about a competitor by *forcing* you to leave.

      As for your comment about spam. Well it's "spam" when it's unsolicited. If I didn't ask for your barrage [no matter how noble] I still don't want to see it. What makes your "cause" any more worthy of my time than what I decide I want to participate in?

      Just who's side are you on?

      Tom

      --
      Someday, I'll have a real sig.
    20. Re:This would be difficult by Anonymous Coward · · Score: 0

      In reality, he could easily appeal that I would think. So I don't really believe you, it all seems to fantastic.

      He was fairly screwed up by then, and appealing was going to cost him money he didn't have. And in the mean time he would have to serve the sentence while he waited on the appeal. About a month after that I lost contact with him, so I don't know what became of him.

    21. Re:This would be difficult by Changa_MC · · Score: 1
      Jail is not the only reasonable way to punish someone. Why should someone be locked up when thye can be paroled in such a way that they aren't a threat to society?

      I'm not interested in punishing people for being "bad". I'd like us to focus on running society in the best way possible.

      --
      Changa hates change.
    22. Re:This would be difficult by 10101001+10101001 · · Score: 1

      Sure you have the right to say whatever you want. Just not over the internet. Just like if you walk in my store I can stop you from talking about a competitor by *forcing* you to leave.

      Wrong. The only reason you can block people from speaking your store is because it's your store. Ie, it's private property, and you have the right to control peoples access to it. The government or private citizens can compile a list of people who are spammers, and ISPs can *choose* to not allow them access to the internet. The government does not have a right to bar your speech (people have been known to write books from within jail). The government can at best put you behind bars for a time to limit your means of speaking to others. Once the government extends to directing private individuals to no longer relate with you, they're extending beyond their control. And the moment that there's specialized laws for certain people (ie, that which is necessary to punish parolers, which are now a separate class of people), the legal code is no longer a fair system set for all people.

      Just who's side are you on?

      I'm on the side of having a clear legal system with clear punishment that's doable without creating classes of people or controlling private citizens. Once you've been punished, the government should treat you as any other citizen. Private citizens can obviously do whatever they like, however. There's nothing about blocking internet access for an otherwise free person or punishing speech based on how solicited it was that I can see as fair.

      --
      Eurohacker European paranoia, gun rights, and h
    23. Re:This would be difficult by tomstdenis · · Score: 1

      So by your logic a judge can ban a pedophile from being near school yards? That's upto the individual schools todo?

      Gotcha. Top notch logic there.

      And for crying out loud get with reality. Being banned from the internet is not the same as being banned from freedom of speech.

      The net is a medium. If you're in this position [e.g. of getting a ban] then you abused it. This is EXACTLY the same as banning drunk drivers from the road. I mean you do have a right of free assembly.

      So by your logic drunk drivers should have their licenses back too. I mean why step on their freedoms!

      So by all I read here:

      - jailing white collar hackers/spammers/etc good.
      - simply banning them from the net bad.

      I'd much rather see fewer people in a prison environment for non-violent crimes and actually receiving proper punishment for the crime.

      I mean did your parents lock you in the cellar every time you misbehaved as a kid or did they choose punishments that suited the crime [e.g. being deprive of a toy, grounded, etc]

      Tom ... glad I'm the only sane one here.

      --
      Someday, I'll have a real sig.
    24. Re:This would be difficult by 10101001+10101001 · · Score: 1

      There's no good logic to inately banning drunk drivers from the road (or anyone needing to have a driver's license). If you're incapable of driving responsibly, you should be stopped regardless of intoxication. If a drunk driver is shown to be seriously negligent, they deserve time in a jail, not having a piece of plastic removed from them.

      I'd much rather see fewer people in a prison environment for non-violent crimes and actually receiving proper punishment for the crime. (emphasis mine)

      Proper punishment is not being let loose in the world. If more white collar hackers/spammers/etc who violate others freedom are deprived of their freedom in the *same* fashion as anyone else who deprives others of their freedom, how is that not proper punishment? There's no difference between stealing money physically or electronically, all other things being equal. Why should comparable means make the punishment lighter/heavier?

      I mean did your parents lock you in the cellar every time you misbehaved as a kid or did they choose punishments that suited the crime [e.g. being deprive of a toy, grounded, etc]

      No, but then we didn't have a cellar. Seriously, though, the government isn't a parent. It doesn't have rights over you nor can it be a constant parent to your activities. When you're a kid, your parents parent you. When you're an adult, you are punished by the government. The government isn't looking out for you and trying to help you learn. That's what parents are for. The government is there to punish you when you violate someone else. If you're so far gone that your family can't help you, what makes you think the government has any right to try to brainwash^Wrehabilitate you into not doing the crime again? If you want to start a private organization to help criminals rehabilitate during visiting hours, that's a whole other issue. But stop trying to push for the government to be our ever-present parent/big brother.

      --
      Eurohacker European paranoia, gun rights, and h
    25. Re:This would be difficult by tomstdenis · · Score: 1

      "There's no good logic to inately banning drunk drivers from the road (or anyone needing to have a driver's license). If you're incapable of driving responsibly, you should be stopped regardless of intoxication. If a drunk driver is shown to be seriously negligent, they deserve time in a jail, not having a piece of plastic removed from them."

      Um... where do you live? Where I live if you're caught DUI you can get both jail time and a license suspended/removed.

      It's not like the sentencing judges only option is to suspend the license. Specially if people/property was damaged in the act.

      I suggest you stop trying to sensationalize the situation. Jail isn't where you put all people who violate laws. That's a fairly tale told by the walker texas ranger.

      Tom

      --
      Someday, I'll have a real sig.
  25. Does that mean he's gotta go blue collar for 10yrs by zlel · · Score: 1

    since most other jobs will need you to be online? Then they might as well feed him in jail.

  26. Slippery slope? by Cervantes · · Score: 3, Insightful

    Does anyone else worry that such bans will become more commonplace on non-technically oriented crimes?

    I mean, I recall (possibly incorrectly) that the journalist who was just given house arrest for not revealing his sources is banned from the net.

    How long before smoking pot bans you from the net? Or protesting? ;-)

    With the Internet as the primary communications method for the world (or at least the backbone for the various protocols), how long before repressive governments use this to suppress those who's opinions they don't like?

    Would it be so clear-cut if you, convicted of a non-technical crime, were banned from sending snail-mail or using the telephone for a year?

    --
    If I knew the wedgies I gave you back in 6th grade would have resulted in this . . . I might have taken a moments pause.
    1. Re:Slippery slope? by all+your+mwbassguy+a · · Score: 1

      and if we allow the police to arrest people, then pretty soon everyone will be in jail!

    2. Re:Slippery slope? by Anonymous Coward · · Score: 0

      All your people are belong in jail!

    3. Re:Slippery slope? by bmo · · Score: 1

      >I mean, I recall (possibly incorrectly) that the journalist who was just given house arrest for not revealing his sources is banned from the net.

      You're correct. Jim Taricani. He's under house arrest for the remainder of 6 months. He's got an ankle bracelet and can only go out to the mailbox.

      http://search.turnto10.com/query.html?la=en&qt=J im +Taricani

    4. Re:Slippery slope? by Radius9 · · Score: 1

      This actually started earlier though. Chris Lamprecht was not convicted of hacking, he was convicted of theft. His crime was not specifically related to hacking, yet he was known as a hacker, therefore he was banned from the internet.

  27. What about a device worn... by Chatmag · · Score: 1

    on the ankle, similar to the tracking ankle devices, and that would give a shock every time the person is near a computer? Surely there has to be some low frequency emissions from computers in general that a device can be tuned to, producing a reaction.

    --
    Pete Carr Owner Chatmag.com
    1. Re:What about a device worn... by Stevyn · · Score: 1

      That's an insane idea. First of all, it's brutal and punitive. And going near a computer isn't a violation of the probation, using one is. What happens when he walks into any office building? A doctor's office or a dentist's office? He gets a shock?

    2. Re:What about a device worn... by ScrewMaster · · Score: 1

      Yeah ... or when I turn my cell phone on.

      --
      The higher the technology, the sharper that two-edged sword.
    3. Re:What about a device worn... by Chatmag · · Score: 3, Interesting

      The idea as written will remain insane to you until its your child being molested.

      If you think the idea is insane, remember we're talking about a pedophile. Wander over to NANAE sometime, and check out the posts with suggestions for dealing with spammers, an obviously lesser crime than child molestation. In particular the thinly veiled threat to firebomb the same NOC that houses my servers. There were some spammers leasing rack space in the NOC, not connected in any way to myself, and the problems had been dealth with by the hosting provider.

      Come on now, think about it. I didnt mean a "knee knocking" jolt, just a tingle. But there are other variations that could be done such as sending a signal to the police, similar to the tracking ankle bracelets worn now by some home confined felons.

      Maybe I'll look into patents, you never know.

      --
      Pete Carr Owner Chatmag.com
    4. Re:What about a device worn... by thenightisdark · · Score: 1

      I like it.

      Course, im sadistic inside :-P

      --
      Piracy is Adam Smiths invisble hand fisting you in the ass, Mr. Gates. - MightyMartian (840721)
    5. Re:What about a device worn... by Lehk228 · · Score: 1

      so you are a supporter of cruel and unusual punishment? what about someone wrongly convicted of molesting their {son|daughter} because their ex-{wife|girlfriend} decides to fuck with their life and brainwashed the kid to say "daddy touched me here!" That shit does happen you know. Prosocutors also get ravenous in abuse cases because it is easy to demonize a man to the jury as a "monster" even if his only crime is giving his 4 year old daughter a bath.

      --
      Snowden and Manning are heroes.
  28. This is easy to fix by anon*127.0.0.1 · · Score: 3, Funny

    1) Have every website to require registration.
    2) Give the websites a list of the people who have been banned.
    3) If a banned person signs up for a website, shoot them!

    I'll be solving world hunger next week.

    --
    I am NOT a man!
    I am a free number!
    1. Re:This is easy to fix by Anonymous Coward · · Score: 0

      You'll need some education before that.

    2. Re:This is easy to fix by Anonymous Coward · · Score: 0

      feed the carcasses to the hungry ?

    3. Re:This is easy to fix by billster0808 · · Score: 1

      They could just make every web page like nytimes.com then they wouldnt have to worry about anyone getting online. Ever.

    4. Re:This is easy to fix by anon*127.0.0.1 · · Score: 1

      I'm sorry, but English is my first language.

      --
      I am NOT a man!
      I am a free number!
    5. Re:This is easy to fix by Anonymous Coward · · Score: 0

      I'll be solving world hunger next week.

      Does that involve shooting hungry people?

  29. Re:Edmonton man jailed for luring teen on-line (te by theboyhope · · Score: 4, Insightful

    a 13-year-old girl who was obviously sucked in by the Internet

    chat rooms are "extremely dangerous"

    Now, this is a sad story, and I can only hope that this guy has a *really* bad time in prison, but how has the idea that the internet is an evil entity with malevolent intent managed to flourish? Chat rooms are as dangerous as warm fluffy socks. If he chatted her up in the local park no-one would have suggested the park was to blame. I'm off to register theinternetisnotababysitter.com

  30. Hmm... by JNighthawk · · Score: 1

    The only thing funny about this post are the umlauts!

    --
    Wheel in the sky keeps on turnin'.
  31. Only means something to the tech-ignorant by Saeger · · Score: 2, Insightful
    Trying to legally ban someone from using a device connected to the internet is just as futile as trying to ban him from using the phone network, or a vocal network, but that won't stop judges from trying anyway.

    The only way to effectively ban someone from something as ubiquitous as the internet would be to either put him in a (faraday) prison, or track him every second of the day with police state measures.

    --
    Power to the Peaceful
    1. Re:Only means something to the tech-ignorant by konekoniku · · Score: 1

      Or rely on deterrence. There's more than one way to stop crime - just because shops don't all have armed security guards doesn't mean criminalizing robbery is futile.

    2. Re:Only means something to the tech-ignorant by Fulcrum+of+Evil · · Score: 1

      There's more than one way to stop crime - just because shops don't all have armed security guards doesn't mean criminalizing robbery is futile.

      Correct me if I'm wrong, but isn't robbery illegal gfor everybody? Banning only applies to the banned.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    3. Re:Only means something to the tech-ignorant by konekoniku · · Score: 1

      Are you arguing against the idea of convict-specific punishment, or against the idea of criminal deterrence? If you're against convict-specific punishment, as it appears you are from your post, then I suppose you also oppose such things as house arrests, prison sentences, and parole. Each of those bans convicts from doing things most normal people are allowed.

    4. Re:Only means something to the tech-ignorant by Jim_Callahan · · Score: 1

      A court ordered ban isn't meant to be a deterrent in itself. It's more of a "we're letting you off this time, as long as you're cooperative" type thing. Three strikes, save that there's only two. The deterrent is that if you're caught doing similar things again, there will be no mercy, regardless of the severity of the crime.

      --
      ...it's really a sad day for America when we require a goddamn ACT OF CONGRESS to make our DVD players work properly. ~
    5. Re:Only means something to the tech-ignorant by Fulcrum+of+Evil · · Score: 2, Insightful

      Are you arguing against the idea of convict-specific punishment, or against the idea of criminal deterrence? If you're against convict-specific punishment, as it appears you are from your post, then I suppose you also oppose such things as house arrests, prison sentences, and parole. Each of those bans convicts from doing things most normal people are allowed.

      I oppose convict specific bans that extend past the end of the prison sentence. Banning an ex-con from a common, otherwise legal activity is overly harsh and usually difficult to enforce. An internet ban is materially different from banning a convicted swindler from handling large amounts of money, as the internet ban restricts a large number of activities not related to the crime. To take an extreme example, I believe mitnick's ban could be interpreted as restricting him from using an ATM or a cellphone. How'd you like to live life in the USA with that sort of restriction?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    6. Re:Only means something to the tech-ignorant by konekoniku · · Score: 2, Insightful

      I understand your stance, but to be fair, these bans don't extend past the end of the sentence - they are part of the sentence itself, and thus part of its duration. you interpret it otherwise, you'd have to oppose the idea of parole on those same grounds, which i don't think is your purpose. similarly, saying internet bans restrict a large number of activities not related to the crime isn't a strong argument either, because the entire concept of prison sentences restrict people from an enormous number of activities not related to their crimes. if you're in prison for assault, you can't go shopping at wal-mart, for example. yet this is exactly the purpose of such restrictions - they are intended to punish people to deter other crimes (whether their own or, through example, the crimes of others').

  32. Mod down parent by Anonymous Coward · · Score: 0

    and fire the moderator who moded it funny.

    It says:

    I got a need to shit.

    You too? You know, sushi is damn good!

  33. Perhaps lazy judiciaries and prosecutors? by Shadowlore · · Score: 4, Insightful

    Essentially, I see such "punishments" as a result of laziness on the part of the sentencing entity. The judges are failing to apply reasonable standards and realize that online behaviour is fundamentally not different from offline behaviour.

    If a person is convicted of pedophile behaviour with a child he/she met in the shopping mall, do they the judges ban them from shopping malls? If they met them at a McDonalds, do they get banned from fast food restaraunts? Not that I am aware of.

    If someone "knocks over" a convenience store or a bank, do they get banned from entering convenience stores or banks? Again, not that I know of. With possibly one or two rare exceptions I don't know of any offline crime where the convicted is banned from all locations similar to the crime scene.

    So why do we suddenly think that banning pedophiles and crackers from the Internet, or phones, or other communicative technology is useful or effective? In my opinion the idea that the Internet is somehow different and that you can be banned from using it by committing a crime on it (or using it to get information to commit a crime) is dangerous to freedom of speech and information. Indeed, may even serve to perpetuate crime.

    In today's society it is becoming more and more commonplace to carry out one's business, education, and entertainment online. From online banking and bill pay to online shopping, getting one's degree or a job. Even the local job service and unemployment offices are online.

    As the value of the Internet in our daily lives increases such a sentence -if enforcable and enforced- is a damming one in that it begins to perpetuate a class of have-nots with regard to such cost savings and opportunities. Increasingly with government going online the government itself would then be creating a class of citizen that is effectively banned from many government services.

    Ultimately it will be impossible to monitor one's access to the Internet, chatrooms, etc. w/o constant supervision. This will naturally lead to a lack of respect for such actions/penalties causing a further drop in respect for law in general. As this increases additional crimes will be committed. Not unlike when as a child if you got "sentenced" to being house restriction but mom and dad were not around to enforce it you began to realize it was toothless and didn't care about it.

    Only by treating "cracking" the same as we would such an act in the offline world (breaking and entering, theft, fraud, etc.) can we expect our laws and punishments to be anything near rational and respectable. Banning pedophiles from the place they met their victims doesn't change the pedophile's behaviour.

    Just like (IMO) it is wrong to be able to patent something you can do online that you can't get a patent for doing in a "brick and mortar" store, it is wrong to view crime online as different than crime offline. Theft is theft, fraud is fraud, and pedophilia is pedophilia. The Internet doesn't change that.

    --
    My Suburban burns less gasoline than your Prius.
    1. Re:Perhaps lazy judiciaries and prosecutors? by Anonymous Coward · · Score: 0

      If a person is convicted of pedophile behaviour with a child he/she met in the shopping mall, do they the judges ban them from shopping malls?

      They often are in Canada. They are often banned from areas where large numbers of kids congregate (schools, parks, etc). Whether it is enforceable or effective is another question.

    2. Re:Perhaps lazy judiciaries and prosecutors? by bobscealy · · Score: 2, Insightful
      If a person is convicted of pedophile behaviour with a child he/she met in the shopping mall, do they the judges ban them from shopping malls? If they met them at a McDonalds, do they get banned from fast food restaraunts? Not that I am aware of.

      A court is able to ban people from certain places, using the pedophile example the courts might order that the person not go within x metres of a school for example (in Australia at least, I imagine the same applies elsewhere).

      I agree with your point that with the migration of many services to the internet that, over time, banning one from the internet becomes a more and more severe sentence to impose, and presumably that would be taken into account when imposing the sentence, in much the same way that if someone is convicted of drunk driving a court may take into account wether they require a drivers license for work, and perhaps give community service or fines instead of suspension of thier license.

      On the subject of a sentence being "toothless", I don't think many people would disagree that this kind of sentence is hard to enforce, but some of the power of this kind of technique is the punishment you will receive if you are caught breaking the ban - using the parent/child example it is a lot like when a punishment came with a warning that if you were caught again, you would feel the full weight of thier authority :)

    3. Re:Perhaps lazy judiciaries and prosecutors? by The+Cisco+Kid · · Score: 1

      What if the person has a child in school? Are they not entitled to attend parent-teacher meetings? School events in which their child is a participant? What if their kid is sick and needs a parent to pick them up?

    4. Re:Perhaps lazy judiciaries and prosecutors? by Anonymous Coward · · Score: 0

      Not specifically aimed at the parent poster, but...
      What the hell is 'pedophilia'? Becoming sexually aroused by walking? The word I suspect you're looking for is 'paedophilia'.

    5. Re:Perhaps lazy judiciaries and prosecutors? by lan3y · · Score: 1

      I'd say that downloading and viewing paedophilic pictures is rather different to actually abusing a child. It would take a certain leap to jump from images on a screen to real life. Perhaps an "internet ban" (leaving aside any potential difficulties with enforcement) will prevent the individual concerned from developing a "taste" for children, and eventually finding that simply viewing is not enough.

    6. Re:Perhaps lazy judiciaries and prosecutors? by YrWrstNtmr · · Score: 1
      What if...what if...

      Those are the restrictions. Live with it. Have an alternate plan set up.

      Think of it this way...1 year in jail, and 5 years probation. Or 6 years in jail.
      Which would you choose?

    7. Re:Perhaps lazy judiciaries and prosecutors? by bobscealy · · Score: 1

      That is a good point - if we are to focus in on the case of the pedophile (getting off-topic, I know), then my concern would be more for the child than the parent, the parent has established that they cannot meet even the lowest of community expectations arround children. So in this case I would say that yes, the parent has lost entitlement to be involved in a childs events, and it is certainly very unfortunate if the child suffers as a result.

      Unfortunately when people are punished sometimes it will have an effect on those arround them, however that does not mean that the punishment is so flawed that it should not be applied. In the case of people being banned from the internet, this kind of punishment might mean that somebody could loose thier job, causing financial hardship on thier family. While I certainly acknowledge that external effects need to be taken into account, we must remember that it is the individual that commited the crime, and so the punishment was brought onto themselves, while the court is simply applying punishments that (hopefully) fit the crime.

    8. Re:Perhaps lazy judiciaries and prosecutors? by TheAntiCrust · · Score: 1

      When someone commits a crime in society they are sent to jail. That is, in a sense, banning them from society (as far as we can without actually killing them). They are doing the same thing with the internet.

      Society is good becuase people have made it so. People who commit crimes are decidely people who, instead of bettering our society, are actively hurting it, so we remove them from it. Hackers and such who create malicious viruses and such are hurting the internet that all us regular people all work to make better. Thus, we ban them.

      They can not enjoy all the benfits of the internet becuase they took advantage of them. It is like that fable about the chicken who makes bread, and no one helps her, and then when she is done everyone wants to eat it.

      All that being said, I still think is unenforceable and a little silly, but I really dont mind having them lose all the privaleges of being able to use the internet becuase they took advantage of it and were malicious. In short: fuck 'em.

    9. Re:Perhaps lazy judiciaries and prosecutors? by The+Cisco+Kid · · Score: 1

      My personal choice would be not to commit any crimes that might place me in such a situation. I was just suggesting some legitimate non-criminal reasons why a person would have a reasonable right to expect to have access to a school.

    10. Re:Perhaps lazy judiciaries and prosecutors? by Qzukk · · Score: 3, Informative

      My personal choice would be not to commit any crimes that might place me in such a situation.

      I hope you don't live in Texas.

      There, anyone, even you, could be a sex offender, and not even know it.

      When the corruption of the system is so flagrant, I wonder if your personal choice holds any weight at all.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    11. Re:Perhaps lazy judiciaries and prosecutors? by Jim_Callahan · · Score: 1

      In the case of a pedophile, they won't have a child in school. At least, not after they're convicted.

      Seems fair enough to me.

      --
      ...it's really a sad day for America when we require a goddamn ACT OF CONGRESS to make our DVD players work properly. ~
    12. Re:Perhaps lazy judiciaries and prosecutors? by Anonymous Coward · · Score: 0

      eventually finding that simply viewing is not enough.

      Alternatively, you've taken away their choice to "simply view", and they have to find some other, less-simple way to get their kicks.

      It's an eternal debate.

      If you want my take on it (no, I guess you don't, but I'll give it to you anyway), ask yourself this: Have you ever been attracted to someone?

      Now ask yourself, "did I order my heart to thump like that?" "did I consciously request that flood of hormones?" "did I will my heart, mind and soul to react to this person?"

      Did you choose to be attracted to someone? Do you think that other people choose to be attracted to who they are attracted to?

      It's hard to say if modern man has lost so much of the romantic nature that prevailed in the times of Shakespeare and other poets. Or maybe people have let fear cloud their hearts. Whether its gays, lesbians, or even a lowly paedophile, they ask what could make someone choose to fall in love with an inappropriate person.

    13. Re:Perhaps lazy judiciaries and prosecutors? by DunbarTheInept · · Score: 1

      Accepting that it is okay to enact an excessive punishment beyond the scope of a crime in one case is a slippery slope. Where does such a practice end? I don't want to see someone lose a driver's license for, say, jaywalking. Or have a hand chopped off for stealing a dollar, or be classed as a terrorist because they taught someone how to decrypt a DVD.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    14. Re:Perhaps lazy judiciaries and prosecutors? by Triskele · · Score: 1
      Theft is theft, fraud is fraud, and pedophilia is pedophilia.

      I understand the other two, but what do you have against foot fetishists? Pedophilia = love of feet (think pedestrian for the latin challenged). Perhaps you meant Paedophilia = love of children ;-)

      --

      --
      USA: home of the world's largest terrorist training camp.

  34. Better Solution by jtbauki · · Score: 1

    Chopping off the man's jewels would make more sense (wait no it wouldn't, but it would be funnier), then it wouldn't matter if he went to a chatroom or not.

    1. Re:Better Solution by Frogbert · · Score: 1

      Yes because your dick is the only thing that you can put inside a child.

      How crass am I!

    2. Re:Better Solution by Macgrrl · · Score: 1

      Yes because your dick is the only thing that you can put inside a child

      I'm unsure if this is supposed to be sarcasm... I presume you've heard the term 'digital rape'... no it doesn't involve computers, it involves digits (fingers).

      --
      Sara
      Designer, Gamer, Macgrrl in an XP World
    3. Re:Better Solution by Anonymous Coward · · Score: 0

      Hint: Yes, it is sarcasm.

  35. Nonsense by Anonymous Coward · · Score: 0

    Alcohol isn't *cough* necesarry *cough* for most jobs.

    In the government it is... How else do you think that normal employees can put up with their superiors incompetent decisions?

  36. You're Screwed Anyway by BuenasOlas · · Score: 4, Insightful

    If you are on parole/probation you are screwed anyhow. Good luck getting a job at that internet company after checking the box that says "Have you ever been convicted of a felony", even if you aren't restricted from using the internet. Most companies now even ask if you have been convicted of a misdemeanor(do not check this box if it was posession of Marijuana). If you get rolled in this country you are royally screwed for a while. So get a good lawyer, and pay him a lot of money to get your record expunged.

    1. Re:You're Screwed Anyway by renehollan · · Score: 1
      I've seen job applications that ask if one has ever been arrested.

      In Lake County, Illinois (and a lot of other places, I suppose), when you are ticketed by a police officer, it constitutes an arrest. You are released on your agreement to either (1) admit guilt and accept the court's sentence, (2) pay a fine which results in the criminal charge being expunged (but not you driving record being cleared, obviously), or (3) appear before the court to answer the charge.

      Even if you appear before the court and are found not guilty of the traffic violation, you have still been arrested.

      --
      You could've hired me.
    2. Re:You're Screwed Anyway by Captain+Trolltalk · · Score: 2, Informative

      The word 'arrest' actually means you have been physically taken into custody by a police officer.

      I would answer on job applications with that definition and I bet most people would too. If my potential employer wants to start asking questions about my speeding tickets, I'll tell them I'm not a lawyer and that when I was in high school that the term 'arrest' meant what most other people still know it to be.

    3. Re:You're Screwed Anyway by Anonymous Coward · · Score: 0

      I suppose you'le leally rucky engrish isn't youl filst ranugage.

      To arrest means to detain. As anyone who has gotten a ticket knows, you're definately detained for a while. The cop needs to finish his donut and coffee before he can start writing!

    4. Re:You're Screwed Anyway by Anonymous Coward · · Score: 1, Informative

      it is illegal for job applications to ask if you've been arrested. they can ask about convictions for crimes pertaining to the job being applied for, no more. one of the first links from google: http://career.boisestate.edu/IllegalInterviewQuest ions.html

    5. Re:You're Screwed Anyway by Captain+Trolltalk · · Score: 1

      No it does not. Consult a dictionary before thowing around ad-hominems.

    6. Re:You're Screwed Anyway by merdark · · Score: 2, Insightful

      I don't even consider speeding a crime. Dangerous driving is what I consider a crime. You can be dangerous going slow, or dangerous going too fast. But speeding in of itself is not nessesarily dangerous.

      The majority of speed limits are set low only so police can collect money and harass people daily. After all, harrassing folks is what many cops get off on.

    7. Re:You're Screwed Anyway by Twirlip+of+the+Mists · · Score: 1

      Um. I have an alternate suggestion that's just so crazy it might work.

      Don't break any laws.

      I know, I know. It's amazing that I'm giving such sage advice away for free. Just consider it to be an act of charity on my part.

      --

      I write in my journal
    8. Re:You're Screwed Anyway by Anonymous Coward · · Score: 0

      The problem here is even if you don't break any laws you can still be accused of it.

      Jackhole.

    9. Re:You're Screwed Anyway by DunbarTheInept · · Score: 1

      According to the dictionary, "arrest" just means "to stop", and the meaning of being taken into custody is just one of the narrower meanings of it. Being stopped by police would be an arrest as well under the more generic meaning. Under the most generic meaning, you can even have a "cardiac Arrest", and that doesn't mean your heart was taken down the the police station and put behind bars.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    10. Re:You're Screwed Anyway by Jussi+K.+Kojootti · · Score: 1

      "I don't even consider firing my 12 gauge from my balcony a crime. Shooting someone is what I consider a crime. You can be dangerous firing a gun in a city, or dangerous firing a gun in rural areas. But firing a shotgun in a city in of itself is not nessesarily dangerous." How deranged must a person be if he thinks speed limits are set mainly to allow cops to harrass him?

    11. Re:You're Screwed Anyway by sapped · · Score: 2, Insightful

      How deranged must a person be if he thinks speed limits are set mainly to allow cops to harrass him?

      The kind of person that realises that limiting people to 55mph on a freeway (go NY!) is obviously ridiculous to anybody with a brain. There is no sane reason that you could up with to justify that speed limit.

    12. Re:You're Screwed Anyway by jratcliffe · · Score: 1

      Saving fuel - economy's better @ 55 than at 65 or 75. That's why the 55 limits were initially imposed in the 70s. I agree they're dumb, but there _is_ a reason behind them, they're not totally random.

    13. Re:You're Screwed Anyway by chialea · · Score: 1

      >There is no sane reason that you could up with to justify that speed limit.

      The reason was originally to increase fuel efficiency. Remember when the national speed limit was imposed, with the fuel price crisis and all...

      This was the first link I found when I googled, but it's well-documented.

      http://www.ibiblio.org/rdu/a-why55.html

      Lea

    14. Re:You're Screwed Anyway by renehollan · · Score: 1
      To followup: the ticket notes that I am being arrested but released under certain conditions. One of those is that I must post bond to guarantee my appearance or cover the fine to the police officer. This is why many auto clubs provide "bond cards" to guarantee payment of the bond if I fail to pay the fine or appear before the court (they also stiffle corrup arresting officers who seek a bribe). In some jurisdictions you can be physically detained (i.e. taken to the jailhouse) if you are incapable of posting bond.

      Oh, and if you are removed, you'll get another ticket for illegal parking of your car (unless someone is available to take it away and it isn't siezed as evidence).

      --
      You could've hired me.
    15. Re:You're Screwed Anyway by merdark · · Score: 1

      Yup, you're right, that is a dumb reason.

      If the government is concerned about fuel consumption, it would be FAR more effective to ban SUVs and Vans for the general public, and require special licenses for people who really *need* them.

      In fact, why not promote alternative energy cars or hybrids? The original reason is clearly not relevant anymore.

  37. I'm not really sure... by laughingcoyote · · Score: 5, Interesting

    On the one hand, people are quite often prohibited from normally-legal activity (such as leaving the state) during a probation or parole period. However, it would seem to me that, with the Internet taking over more and more everyday functions (VoIP, the wide use of email, IM, and videoconferencing in business, Web-based applications coming into wider use by corporations, in some companies, including the one I work for, you have to log into an online server just to punch in), this could effectively amount to a prohibition from holding any but the most menial jobs during your probation/parole period. I think that, looked at that way, that would certainly seem to be cruel, excessive punishment.

    The arguments that "they can bust the hacker if he's caught again" seem somewhat specious to me. They can already bust him for committing the same crime again, and they can already punish a second offense more harshly than a first. They don't need some "violation of an internet ban" to do either.

    In balance, while I can understand the reasoning behind this line of thought, I don't think it's an acceptable punishment. I can see why it might've been thought so in 1995, but this is not 1995 and it no longer is.

    --
    To fight the war on terror, stop being afraid.
    1. Re:I'm not really sure... by BelugaParty · · Score: 2, Insightful

      I agree. Banning someone from the internet, or computers in general, is akin to banning someone from using the electrical grid.

    2. Re:I'm not really sure... by Jim_Callahan · · Score: 2, Funny

      Actually, banning people from the electrical grid would be a highly effective punishment if it could be enforced. We should go for it.

      --
      ...it's really a sad day for America when we require a goddamn ACT OF CONGRESS to make our DVD players work properly. ~
    3. Re:I'm not really sure... by smurf1974 · · Score: 1

      Can you please recharge my laptop because I'm not allowed to plug it into the grid, and I really need to hack this site.

  38. You Can't Ban Me!!! by Anonymous Coward · · Score: 0

    I'll just set up shop in Gopherspace

  39. A Routine Procedure by Anonymous Coward · · Score: 0
    This is a routine legal procedure often used against those who do business with prostitutes and similar vices. There's no 'big brother' monitoring of the sort so beloved by SlashDots's 'foil hat' crowd. But if they ever hit the legal system facing similar charges, they'll bounce back to the same judge, who can make life very uncomfortable for them.

    Year ago I worked with drug addicts and once heard a judge rake an addict over the coals, repeating over and over, "I told you that if you came back to this court...." Judges don't take kindly to being ignored and convictions for violating a court order are very straight forward.

    --Mike Perry, Inkling blog , Seattle

  40. K-Lined from walking! by BicycloHexane · · Score: 0

    I can't wait until they start banning people from walking on the street or sidewalks.

    1. Re:K-Lined from walking! by Anonymous Coward · · Score: 1

      they do, it's called jail

    2. Re:K-Lined from walking! by Anonymous Coward · · Score: 0

      It is already illegal to walk along the interstate

    3. Re:K-Lined from walking! by Anonymous Coward · · Score: 0

      Or its called a condition of a probation order. For example, here in Canada, under s. 161 of the Criminal Code if you're convicted of certain sexual offences against children you can be prohibited for life from going to areas where children will congregate, such as a public park or a schoolground.

  41. Isn't restricting free speech unconstitutional? by koko775 · · Score: 2, Insightful

    Not sure if others have addressed this, but wouldn't prohibiting internet use be restricting what has become an entirely new medium for free speech? Is it legal to prohibit someone from the internet? Constitutional?

    1. Re:Isn't restricting free speech unconstitutional? by YrWrstNtmr · · Score: 1
      This is just restricting one avenue. One that the individual in question has been proven to not be able to use responsibly. It is NOT removing his rights to say what he wants. There is life outside the internet.

      Speech is already restricted in many ways. Yelling "Fire!" for instance.

    2. Re:Isn't restricting free speech unconstitutional? by koko775 · · Score: 1

      That doesn't mean that someone who consistently yells "Fire!" should be legally required to stop talking, though, does it? You don't foster responsibility by making irresponsibility impossible.

  42. Alternatives by Anonymous Coward · · Score: 1, Funny

    Why not just use one of the other internets?

  43. Re:Edmonton man jailed for luring teen on-line (te by OneArmedMan · · Score: 2

    Chat rooms are dangerous in the sence that you cant see if someone is a *dirty old man* ( tm ) , if he tried chatting some 13 yr old girl up in a park, there is a fair chance that she could have seen that he wasnt the 14 yr old boy from down the road that he was pretending to be ..

  44. Me too... by mrchaotica · · Score: 1

    ...I'm a 'bot!

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  45. How about by Anonymous Coward · · Score: 2, Insightful

    1. Ban criminal from using the Internet
    2. Make no serious effort to enforce this ban
    3. Wait for criminal to commit another crime
    4. In gathering evidence determine criminal was engaged in the use of the Internet in violation of the ruling of the courts.
    5. Throw on extra charges that are easy to prove and thus gain a position of power in plea agreements or sentencing.
    6. Go about throwing other criminals into prison.

    1. Re:How about by Anonymous Coward · · Score: 0

      7. Profit

    2. Re:How about by Lesson+No.+25 · · Score: 1
      1. Ban criminal from using the Internet
      2. Make no serious effort to enforce this ban
      3. Wait for criminal to commit another crime
      4. In gathering evidence determine criminal was engaged in the use of the Internet in violation of the ruling of the courts.
      5. Throw on extra charges that are easy to prove and thus gain a position of power in plea agreements or sentencing.
      6. Go about throwing other criminals into prison.

      7. ??
      8. Profit!

  46. banned from communicating with anybody? by infolation · · Score: 2, Funny

    So, once I'm banned from the internet, presumably I can't conduct any of my antiquated-but-still-effective social engineering password 'recovery' methods either?

    Or write sql-injection instructions longhand using my daffy-duck pencil to be carried out on the internet by others?

    Or read paper hard-copy versions of web pages?

    I can still use SMS though, right?

  47. Better yet... by Anonymous Coward · · Score: 0

    Prodigy for dos, which was the first major online service. Even the newer versions of it with "web access" were strictly limited to that - and only with the special "Prodigy Web Browser", a rebranded NCSA Mosaic. Keep in mind that this Prodigy Classic continued until December, 1999 when it was shut down rather than fixed to correctly recognize the year 2000. (this was just an excuse... it was so old and antiquated that it really needed to be shut down)

  48. The article describes him as a "tradesman" by mrchaotica · · Score: 1

    so presumably he's already blue collar and it's not a huge problem.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  49. Re:Edmonton man jailed for luring teen on-line (te by Anonymous Coward · · Score: 0

    Of course, according to the article his name was "Edmonton-pervert". That'd give most people enough reason to avoid him as a *dirty old man* (tm).

  50. Banned from the net by Anonymous Coward · · Score: 4, Interesting

    Back in '94, a federal judge in Seattle banned me and my codefendant for a period of three years from using a modem or "network device".

    Strange how I was allowed to work at a media company there, that contained the word "Networks" in it, without hassle.

    Of course all good things must come to an end, and the Feds raided my office and had me fired the next day.

    What irritates me is the irrational fear that keeping a "bad person" off the information highway is going to rehabilitate him. After all the net is a mixture of both public and private services, and tightly integrated into the common everyday activities that normal people use.

    I suppose the Judge felt he was revoking my "privilege" to use the Net, but it was more of a first amendment ban if anything.

    The question becomes, should people be qualified and licensed to use the Internet, since judges feel that it an earned privilege, not a God-given right?

  51. Re:Edmonton man jailed for luring teen on-line (te by Anonymous Coward · · Score: 0

    are you kidding, when things like that happen in a park, all sorts of people complain to the city/state about their local park and how it needs to be (more lit, security, not allowed into after dark, not allowed into without parental permission, insert stupid request that has no effect on keeping pedofiles from picking up on children in a park)

  52. What would they do... by imemyself · · Score: 1

    What would they do if the person moved to another country? DOS their IP? The person could just move around a lot, get it under a false name/credit card, use unprotected WAP, etc. Short of monitoring them 24/7/365 there's nothing they could do to stop them from accessing the internet.

    --
    Every time you post an article on Slashdot, I kill a server. Think of the servers!
    1. Re:What would they do... by Artifakt · · Score: 1

      So this person, a felon convicted of child molestation and now on probation, moves to another country? Did he tell that country's immigration service that he was a convicted felon? And they still let him have legal citizenship? Did his probation allow him to travel without restriction? (If not, he better be commited to staying permanently out of the country he has left, because he has new charges there whenever he goes back.).
      Assumeing that his old residence becomes aware he has an IP in that nation, why do they need to DoS it, when they can tell his host country that the felon has just committed a new crime and demand his immediate extradition, and get it? Assume instead that the old country doesn't even know about the connection. As soon as they inform the new country, most will try to arrest the felon just for entering their country under false pretenses. Some may just send him back, but others will build their own case, including gathering evidence of his activites in the new countery, that can be turned over.
      If you're looking at a real case involving the USA instead of a hypothetical one. US law now allows trying a US citizen for child molestation done overseas upon their return to the US. When they US gets one of these guys back, they will send investigators to a place like Indonesia, just to see what he might have done there. We pay costs for several such investigations every year.
      Oh, you meant move to one of the few countries that won't automatically extradite for rape of a child, like Yemen or North Korea. That's true, on finding out that that's what crawled across their border, they will just take a 9 mm round and blow the pervert's face off from the back, without bothering with a new trial. (although Yemen, being on a strict budget, sometimes burns them alive instead). Surviving in such places takes money and powerful connections most pedophiles don't have.
      Oh, you meant a pervert with a few hundred thousand to pay the necessary bribes to hide out? One who knows some highly placed government officials there? Yes he could move around a lot, as you put it. Unless those connections are very good, and the money flows like water, he'll probably end up sleeping in a different place every night, spending all his resources on staying on the run, constantly sweating whether that new false passport is going to work this time...

      --
      Who is John Cabal?
  53. Confusion where there is none by saddino · · Score: 0

    How much harder is it to keep people off the internet in an age when everything--from parking meters to refrigerators--comes with an IP address.

    This is just obfucsation, the fact is: if you're banned from chatrooms, then you're banned from using chatrooms such as IRC or anything that could be considered a "chatroom", if you're banned from accessing the Web, then you're banned from using an HTTP service. Banned. As in, regardless of the source.

    Parking meters and refrigerators? Their fine, as long as they're not conduits for banned services.

    Really, why is this non-issue a story?

    1. Re:Confusion where there is none by Vegeta99 · · Score: 1

      But when they say no computer use, what do you do?

      No parking meters, no fridges, cars, elevators, automatic doors, calculators, pacemakers, crosswalks, telephones, need I go on?

    2. Re:Confusion where there is none by saddino · · Score: 1

      No, when they say no computer use (if they actually don't define it, which I doubt), they clearly don't mean parking meters, fridges, cars, elevators, etc. The judges and the courts aren't idiots.

      That argument is just trying to make things difficult. It's like complaining to Hertz Rent-a-car "How can you rent trucks? How can you rent vans, SUVs, need I go on???"

    3. Re:Confusion where there is none by faedle · · Score: 1

      Talk to Kevin Mitnick about "no computer use."

      He couldn't even review some of the evidence against him, because it was.. guess what? Stored in a computer.

  54. great idea by mastril · · Score: 1

    *plugs telephone into doomsday device*

    errr ... no, wait ... ah what the hell

    take this next telephone salesman!

    1. Re:great idea by AndroidCat · · Score: 1

      Better put that number on the Really Really Do Not Call And We Mean It! list.

      --
      One line blog. I hear that they're called Twitters now.
    2. Re:great idea by Ender_Wiggin · · Score: 1

      Unleash...The Phone Spiders!

  55. Internet Ban by JWSmythe · · Score: 4, Interesting

    This would have been more appropriately asked to lawyers, not a bunch of IANAL's. :)

    But, from the experience I have (a few law classes, and plenty of time on both sides with lawyers), a ban such as this, while to encourage the person not to do something, is more inclined to give a harsher penalty if they should do it again.

    For example, if you get a DUI, you'll very likely lose your license. You may also be prohibited from drinking. It varies by the state and circumstances. Now say you go to a bar and drink. You probably won't get caught. But if you go to a bar and are involved in a bar fight, now you'll be dragged off for VOP. Judges don't generally like it when you do something directly against what they just told you, and will probably drop you in the nearest jail for the full term of your probation, or longer, depending on his mood.

    I've heard judges let things go lightly, because they know it was a subtle offense. Like, the VoIP, and IP enabled appliances that I see referenced in the comments. If you were chatting up underaged girls and the judge said to stay off the Internet, but then you were caught talking to your mom on a Vonage phone, he'd probably let it go. But if you were on a PC in a Internet Cafe, trolling for underage girls, sure as hell you'd be spending time in jail.

    Consider the incident with Richard Ricci in the Elizabeth Smart case (kidnapping in Utah). Ricci was told by the judge not to drink. They raided his house because they suspected he might be involved (and then it was later proven he wasn't), but arrested him for drinking a beer. If he didn't have the beer, they would have needed real evidence to arrest him. Since he had violated that prior ruling, he was screwed, even though that's the only thing he had done wrong. If they hadn't suspected him of kidnapping and murder, they would have probably let him go with a warning.

    --
    Serious? Seriousness is well above my pay grade.
  56. No, New Here is New Here by Anonymous Coward · · Score: 0

    No, New Here is New Here.

  57. No different from other court orders by EmbeddedJanitor · · Score: 4, Insightful
    There's nothing magic because the internet is involved.

    Court orders that ban people from driving very seldom actually stop people from driving.

    Court orders that ban people from going near someone they were harrassing/assualting/stalking seldom work.

    --
    Engineering is the art of compromise.
    1. Re:No different from other court orders by ForestGrump · · Score: 1

      Dear Embedded Janitor,

      I ban you from cleaning up my code.

      Its the bugs in the code that keep me employed!

      Sincerely,
      Forest Grump.

      --
      Is it true that more people vote for the winner of American Idol, than vote for the president? -Ali G.
    2. Re:No different from other court orders by DunbarTheInept · · Score: 4, Interesting

      Yeah, but everyone, no matter how clueless, understands what it means to drive. Everyone knows what it means to harass. But an awful lot of people don't actually understand what the phrase "the internet" refers to, and don't understand how ubiquitous it really is. In 1995 it wouldn't have been a problem to live without internet. Today it is still possible, but it is a bit limiting. A few years down the road I predict it will be next to impossible to avoid the internet and still be an active member of civilization. Avoiding the internet is going to mean never using a bank, never paying for anything with any means besides cash, never using a store, never having the ability to make remote contact (have to come to your house to talk to you since telephone service will merge with internet service.)

      The internet is a lot more than "that thar web thingy", and it is becoming more so with each passing year.

      There is something "magic" about the internet that makes it different - it is not an end-infrastructure in itself - it's an enabling infrastructure that other infrastructures are built on top of, and more and more necessary infrastructures of society are moving onto it.

      Eventually "you can't use the internet" will be like "You can't use electricity."

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    3. Re:No different from other court orders by Darkman,+Walkin+Dude · · Score: 2, Insightful

      Its not a question of whether or not they will attempt to break court orders - the court orders are there in the first place to stop them from doing something they like / need / want to do. The court knows this and assumes this.

      The real issue here is accountability. Someone banned from driving stands a fighting chance of running into a police presence on the road sometime. The victims of stalkers with a court barring order only need to complain to the authorities again, and the penalties are inflicted. Sort of a self correcting problem.

      But internet bans are almost entirely toothless, unless you want to patrol public libraries and internet cafes, and monitor the criminal's purchases to ensure that he or she did not slip in a laptop with that 42 inch television, among many other routes an individual can take to get online.

      I mean, how many fine articles and comments on slashdot itself provide details instructions for evading censorship and maintaining anonymity on the web?

      Internet bans can therefore be seen as being largely unenforceable without a serious allocation of manpower, which is arguably not worth the effort, in the light of other more easily pursued and still serious crimes. And any part of the law which is unenforceable can only weaken the whole body of the law. End result? Like so much with technology and the law, the problem isn't the law or technology, its how they address the problem. In this case, not at all.

    4. Re:No different from other court orders by ColdGrits · · Score: 2, Insightful

      "Avoiding the internet is going to mean never using a bank, never paying for anything with any means besides cash, never using a store"

      Utter nonsense.

      No matter how pervasive the internet becomes, walking into a store, picking up an item, walking to the paydesk and paying for the item will not involve the customer using the internet.

      Sure, the back-end may be entirly network based, but the CUSTOMER is not using that backend.

      Oh, and if your shop does have all its backend processing handled via the internet, then I'd think twice about shopping there! Security, anyone?

      --
      People should not be afraid of their governments - Governments should be afraid of their people.
    5. Re:No different from other court orders by pla · · Score: 2, Insightful

      No matter how pervasive the internet becomes, walking into a store, picking up an item, walking to the paydesk and paying for the item will not involve the customer using the internet.

      You make the assumption that physical stores themselves won't go the way of the dodo.

      Now, I don't think that will happen "within a few years", but it seems like a very real trend. Perhaps within a few decades, the only brick-and-mortar stores around will have hideous prices and only exist to cater to wealthy retro-luddites.

      Using myself as an example, 10 years ago, I did all my holiday shopping by hitting the malls two days before christmas. This year, I have already finished my shopping, and never even left the house to do it (well, not entirely true - I had to follow up on one order from work, but that still didn't involve going to a physical retail location).

      I really think that, once more people realize that they literally can buy anything they wany over the internet, the traditional idea of a store will become a quaint throwback to an older time.


      More relevantly, though...

      I think the GP didn't so much mean to argue what I describe above, but rather, the problem of how to avoid the internet, which you touch on...

      Sure, the back-end may be entirly network based, but the CUSTOMER is not using that backend.

      How long do we have before the majority of phone calls travel over some portion of the internet? And when talking about signals running over fiber between two locations, where do you draw the line between "phone" and "internet"? At L1, often L2 (and with VoiP, even L3), they look identical.

      When you drive through an intersections... Does the light/camera/sensor/whatever report home via the internet? Does it make a difference if it uses a private TCP/IP network? And does either of those count as "using" the "internet" involved?

      Even something as simple as watching TV... If you use a TiVo, does that count as using the internet? How about (assuming it legally survives in some form) sharing recorded programs between friends? How about Video on Demand? Does it count as "internet" if you watch it on a computer, but "not internet" if you watch it on a TV via a standalone set-top box, even if the content comes from the same place and over the same wires via the same protocols?

      The line has already grown fuzzy, and will only continue to blur. You can't really argue otherwise without deliberately playing dumb. The word "ubiquitous" applies very literally here. Short of going into the woods and totally disconnecting from society, people simply will not have the ability to avoid using the internet. A court may as well order someone not to use oxygen.

    6. Re:No different from other court orders by bcattwoo · · Score: 1
      Perhaps within a few decades, the only brick-and-mortar stores around will have hideous prices and only exist to cater to wealthy retro-luddites.

      I really think that, once more people realize that they literally can buy anything they wany over the internet, the traditional idea of a store will become a quaint throwback to an older time.

      I seriously doubt it. Lots of people are doing shopping by internet these days, but if you go to the mall on any given weekend, especially during the past few weeks, I don't think you will find it any less crowded than ten years ago. Many people like to be able to see and touch an item in person before making a purchase, especially when it comes to clothing or other personal items.

      Just because you can order just about anything online doesn't mean that everyone is going to want to. Some people *gasp* enjoy shopping! Does that make them luddites?

      Sometimes shopping by internet is not practical from a time or money standpoint. Do I want to pay $5 to ship a $2 item when I pass a store than sells the same item on my way home anyway? Would I want to let my baby continue to crap his pants while I wait for that shipment of diapers to arrive? Both traditional stores and the internet have their advantages in terms of convenience, so I think they will continue to coexist.

    7. Re:No different from other court orders by OhHellWithIt · · Score: 1
      Eventually "you can't use the internet" will be like "You can't use electricity."

      Perhaps so. But if sufficient harm has been done and it can be demonstrated that the offender is likely to repeat it, isn't the sentence appropriate?

      Consider the analogy of a recidivist drunk driver. Some will argue that banning him from ever again driving a car after being convicted a third time for DWI is harsh and cruel, because it condemns him to using only his feet or a bicycle for transport in a town without public transportation. But if he drives again and kills someone, or even just does significant property damage, there is significant societal harm that is done. The penalty exacted against him may cost him a lot, but it protects society from him.

      The various jerks who write these viruses that fill my inbox with crap, or who intentionally muck up the Internet in other ways, are causing expensive and troublesome problems. If they're banned from the Internet a while and it causes them some hardship, well, too bad.

      As for the argument that criminals won't respect court orders, I might remind everyone that this is why they invented jails.

      --
      "Who controls the past controls the future. Who controls the present controls the past." -- George Orwell
    8. Re:No different from other court orders by chialea · · Score: 1

      >Now, I don't think that will happen "within a few years", but it seems like a very real trend. Perhaps within a few decades, the only brick-and-mortar stores around will have hideous prices and only exist to cater to wealthy retro-luddites.

      I did my holiday shopping over the Internet, sure, but I find it very difficult to buy a pair of pants that way. (Yes, I know men's pants have numbers that are supposed to tell you how big they are, but that doesn't work well on women's clothing.)

      I could see fewer stores, mostly devoted to things like clothing, which is very, very hard to buy over the internet (don't say custom-fit, that's also very hard), groceries (smell before you buy!), and things where the shipping is simply not worth it, like dog food.

      Lea

    9. Re:No different from other court orders by Anonymous Coward · · Score: 0

      > Everyone knows what it means to harass

      Actually, my stalker has a really hard time understanding that. After attempts to settle out of court, two temporary civil protection orders, a year-long civil protection order, legal fees, and a night in jail, she still tries to get away with whatever she can. DC CPO# 03-3986

    10. Re:No different from other court orders by Anonymous Coward · · Score: 0

      Your ideas of the future are disgusting and show how little class you have.

    11. Re:No different from other court orders by DunbarTheInept · · Score: 1


      Sure, the back-end may be entirly network based, but the CUSTOMER is not using that backend.

      I disagree. If I use a terminal attached to a computer, ala 1970's mainframe style, I'm still using the computer. That an intermediary exists doesn't change things much. If you swipe your card in a card reader attached to a computer, you've just used the computer. Given the treatment of the Kevin Mitnick sentencing, the law agrees with me (unfortunately).

      Google runs on Apache. Therefore most internet users use open source software every day. This is the same kind of thing.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    12. Re:No different from other court orders by DunbarTheInept · · Score: 1

      The problem is that the sentencing is made in ignorance of the fact that its severity will increase in the future while the duration of the sentencing is still in effect. A sentence that was MEANT to be severe should be severe. But a sentence that was only meant to be moderate should not.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    13. Re:No different from other court orders by DunbarTheInept · · Score: 1

      Assuming you aren't just making this up, it still isn't referring to the problem at hand, which is the person doing the sentincing being ignorant of what the sentincing will actually mean, not the person being sentenced being ignorant of it.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    14. Re:No different from other court orders by jonbryce · · Score: 1

      You've never been to Argos, or Waitrose, or Safeway, or Marks and Spencer (all British shops).

      In Argos, you go to a computer, type in what you want to order, swipe your credit card, get a receipt, and go to a collection point to pick up the goods.

      In the others, you can scan the goods into the computer yourself and pay either by card or cash without involving a member of staff.

    15. Re:No different from other court orders by jonbryce · · Score: 1

      Here in the UK, you will soon be required to file your tax return over the internet. Large employers are already required to file their payroll taxes this way, and it will be extended to everyone over the coming years.

      So someone who gets a banning order will be prohibited from paying their tax bill? Sounds good.

    16. Re:No different from other court orders by Anonymous Coward · · Score: 0

      > Assuming you aren't just making this up, it
      > still isn't referring to the problem at hand

      I'm not making it up -- the DC CPO# I mentioned is the actual number of the District of Columbia Superior Court Civil Protection Order that I was awarded in a judicated hearing. This could be called a "restraining order with findings" in other districts.

      But, you are right that I didn't refer to your point. I totally agree with your point. I guess I couldn't resist some off-topic griping...

    17. Re:No different from other court orders by Anonymous Coward · · Score: 0

      You've never been to Argos, or Waitrose, or Safeway, or Marks and Spencer (all British shops).

      We have Safeway over here, in the real world.

    18. Re:No different from other court orders by ColdGrits · · Score: 1

      " You've never been to Argos, or Waitrose, or Safeway, or Marks and Spencer (all British shops)."

      I haven't.

      Goodness.

      That's new to me. I wonder where all my M&S food comes from each lunchtime then? I wonder how come I have several things bought from Argos over the years?

      Interesting...

      Of course, given I HAVE been to all 4 chains you mention, I can confirm that it is entirely possible to make your purchases without touching or using a computer at all.

      So your implication that all customers at those 4 chains have no alternative but to use computers to do their shopping is erroneous, I'm afraid.

      --
      People should not be afraid of their governments - Governments should be afraid of their people.
    19. Re:No different from other court orders by Anonymous Coward · · Score: 0

      STFU you n00b!!!!!!! Go and visit LemonParty like a good boy.

    20. Re:No different from other court orders by ColdGrits · · Score: 1

      Mother? Is that you?

      --
      People should not be afraid of their governments - Governments should be afraid of their people.
    21. Re:No different from other court orders by Anonymous Coward · · Score: 0

      Yes it is brains.... I'm coming for your BRAINS!

  58. It's a small fucking world. by Anonymous Coward · · Score: 0

    I'm personally acquainted with "Minor Threat"... and I never knew this about him. How strange it is to read about people you know on the front page of Slashdot...

  59. There is an easy political solution to this! by ffub · · Score: 1, Flamebait

    A system whereby these restrictions can be easily applied, but allowing for certain internet uses is simple to implement. If everyone was scanned biologically from birth by way of iris scans and any other scientific identification then this would be difficult to cirumvent.

    Everyone has their unique ID and logs onto their email, banking and a variety of services using this alongside existing methods such as passwords. When using any device deemed powerful enough users would be required to 'login' as such using eye scans. The state could then monitor the usage of devices, sift through communication and have the identities of all the parties involved.

    Such a system would be easily challenged under democracy as the demos would object to it. Therefore an autocratic system, such as a dictatorship, would be the best political setup. The government could, in this age, effectively monitor, control, and police the lives of all of it's citizens, ensuring their happiness.

    Followed up by rigurous policing and wide ranging law, the state would be able to maintain peace and stability on a scale we certainly can't attain in our current environment. Harsh and disproportionate punishment would encourage people to think twice before being nasty to other people and engender a real harmony.

    This story is yet another indication of why we need, for the good of us all, to move towards a totalitarian, restrictive, state run empire. Long live the MInistry for the Ceation and Restriction Of SOFTware!

    1. Re:There is an easy political solution to this! by Almond+Tree · · Score: 0

      Sure! We could always just tattoo "666" on every one's forehead too.

      --

      bau bau chicka chicka mau mau

  60. idiocy by poptones · · Score: 2, Insightful

    How the fuck does banning a pedophile from the internet protect children? Can he molest a child through the screen? Can a chat room allow him access to a child's naughty bits?

    If you want to make sure pedophiles stay away from children you ban them from contact with children, not from contact with an electronic information service. Banning someone from the internet amounts to thought control (which is, in actuality, the goal here - to take them away from others who support the notion maybe pedophilia isn't so abnormal). But this also has the effect of stripping a person of signifiant intellectual capacity. Just think about how much the internet and google combine to allow individuals to amplify their knowledge of a subject - to access tools. Hell, just to navigate in a new city. I know the simple ability to pull up yahoo maps made my move to LA much, much more comfortable. I hate to think how many hours I would have wasted driving around that place, lost as a ghost in a mansion.

    Banning someone from the internet is simply the western version of sending them away to the gulag or the russian front; the goal obviously isn't to protect society, but to allow the state to better exact thought control on the "subject."

    1. Re:idiocy by Firethorn · · Score: 1

      1. We do have jails and prisons. These bans are accepted in lieu of terms in said institutions
      2. Here in the USA, we have the concept of "you proved yourself uncapable of responsably using x object, so we're ordering you not to use x object for a set period of time"

      Just think about how much the internet and google combine to allow individuals to amplify their knowledge of a subject - to access tools

      Just think, judges banning access to cars is the western version of the gulag. After all, cars are used to allow people to move from location to location, increasing their work&spending options.</sarcasm>

      The boys were bad, the fact that they're denied a useful service is part of the punishment they accepted in place of spending time in the clink.

      --
      I don't read AC A human right
    2. Re:idiocy by ajs318 · · Score: 1

      This is indeed a point. Why can't we simply set up and enforce "child-free zones"? I'm thinking simply of housing estates designed for adults only. Not just for paedophiles, but for paedophobes as well! There would be no schools, for instance, and certain "family friendly" measures would be waived {pr0n on low shelves! Beer in vending machines!} Residents would not be allowed to keep children in their homes, subject to criminal penalties. Landlords would be obliged to re-house you elsewhere -- or pay for corrective surgery -- if you fell pregnant.

      It's not perfect; but then again, most thing aren't. We should try setting one up as an experiment.

      --
      Je fume. Tu fumes. Nous fûmes!
  61. A ban is a hook for future punishment by Ingolfke · · Score: 2, Interesting

    The ban is intentionally toothless. The ban is a threshold, that if violated, can be used against the individual at some future point in time. So if a banned individual chooses to violate the ban, they must be certain that they can hide that violation from the authorities, or they must be willing to accept the risk of greater punishment in the future. It's a low cost control tactic, which actually is quite effective considering it costs nothing (next to nothing) to enforce.

  62. ty by Anonymous Coward · · Score: 0

    I don't have mod points, but that's one of the most insightful jabs I've read on /. in some time. /golfclap

  63. Useless nonsence by Anonymous Coward · · Score: 0

    Banning someone from the internet is something that you can put on a piece of paper to make some other offended person happy. It's political symbolism, nothing more. Truth be told, you can buy yourself a computer, get a wifi connection, and surf to your hearts content from anywhere and everywhere. Move in over a coffee house with free wifi and you have free internet for life. Hotmail (or others) can provide your mail. It's impossible to keep someone off the net (unless your name is Kevin Mitnick and the FEDS have you anally wiretapped --requires a special probe with transmitter). There are a lot of things that are 'official' that make no sence otherwise. "Banned from the internet'" is a nice piece of paper that police need in order to watch someone. If the police don't watch, the paper is useless.

    1. Re:Useless nonsence by Monkey · · Score: 1

      Having a "ban from the Internet" imposed on you will preclude you from getting a lot of IT related jobs.
      If you currently are employed in the IT field when a judge drops this bomb on you, the prospect of your continued employment will be tenuous.

  64. Technically by Mike+Hawk · · Score: 1

    Thats nationwide. If they ask for your driver's license and registration you are "under arrest" for the totality of the time the officer possess' the documents necessary to operate your vehicle legally. This is very important. Your miranda rights are in effect during this time.

    Of course, on your application for a job I would not report this and plead ignorance with your employer if anything comes of it. Its much easier than pleading ignorance of the law.

    1. Re:Technically by Twirlip+of+the+Mists · · Score: 1

      Nope, that's completely wrong.

      You can't be arrested without one of two things: a warrant, probable cause or exigent circumstances. This is something we call "due process," which means you can't be deprived of liberty without the application of the due process of law.

      Once you are placed under arrest, the arresting agent (police, sheriff, whatever) is required by law to inform you explicitly of your rights.

      When you're pulled over for a traffic stop, you are not under arrest. If probable cause exists or if there's an outstanding warrant, you can be arrested, but in the process you'll be informed of your rights and given the opportunity to ask for a lawyer.

      --

      I write in my journal
  65. Ok by gremlins · · Score: 1

    That is a really good idea. Note to Self: hook up doom day weapon to up the phone incase i get caught. Also remember to install the death laser on the roomba.

    --
    just because your a schizophrenic doesn't mean people arn't really out to get you
  66. The presumption of innocence by westlake · · Score: 1
    Under American law, the "presumption of innocence" means the burden of proof is on the prosecution when and if your case goes to trial, an arrest requires only "probable cause."

    While in custody you have the right to humane treatment, the right to remain silent and the right to contact a lawyer, a family member, or the like for help. But that is pretty much the limit.

    I don't think it has ever been engraved in stone that you have an absolute right to use a telephone, no matter what the charge against you. There are other, perhaps more trustworthy, means of communication.

    I suspect the police would be allowed some discretion here.

    1. Re:The presumption of innocence by doodlelogic · · Score: 4, Interesting

      [In America...] While in custody you have the right to humane treatment, the right to remain silent and the right to contact a lawyer, a family member, or the like for help. But that is pretty much the limit.

      That's bizzare. Here in Britain we have not historically had any constitutionally guaranteed rights, however a prisoner on remand retains all their rights other than those necessarily removed from them by the fact of their incarceration or specifically removed by legislation. I would have assumed that in the Land of the Free protections of the innocent would be even greater...

    2. Re:The presumption of innocence by Anonymous Coward · · Score: 0
      Newsflash

      The usa is not the land of the free.

      Its the land of the herd. mooooooooo

      Don't believe me? When was the last time you saw some truly unbiased news from an american network?

      /conspiracy

  67. Two Questions....... by Anonymous Coward · · Score: 0

    1) are you an expert on raping children?
    2) if so, are you single?

  68. Very Seldom by Anonymous Coward · · Score: 0

    Do you have statistics or is this typical shoot-from-the-hip /. commentary?

  69. And I'm even ... by mthreat · · Score: 3, Interesting

    And I'm even a slashdot user, since just about the time my ban ended ;)

    -chris
    1. Re:And I'm even ... by XxXoldsaltXxX · · Score: 0

      Hahaha!!! a few questions: how stupid was your probation officer when it came to computers? did you ever have any close calls to him catching you?

  70. Not as different as you might think by westlake · · Score: 1
    I'd say that downloading and viewing paedophilic pictures is rather different to actually abusing a child. It would take a certain leap to jump from images on a screen to real life.

    You have already made a dangerous disconnect from the reality that the children in the pictures are real and abused. To put it even more plainly, you have come to accept the abuse that provides your sexual gratification.

    If after viewing 1,000, 10,000, 50,000, hard-core images you can no longer feel or imagine a child's pain and suffering, what have you become and what are you likely to do?

  71. Maybe you don't get it by Anonymous Coward · · Score: 0

    He was refused his one phone call at the time of his arrest. He was NOT yet convicted. This is the phone call with which people ordinarily contact a lawyer.

    1. Re:Maybe you don't get it by bigsteve@dstc · · Score: 1
      Hmmm.

      I'm sure that your Constitution does not guarantee a "right" to make a phone call. It is historically implausible. But (IIRC) your constitution does guarantee a citizen the right to be interviewed in the presence of an "advocate" of his/her choice.

      If Mitnick was simply refused a phone call, his rights were not violated ... provided that he was able to talk to his lawyer before / during his police interviews.

      If the police did refuse Mitnick access to a lawyer during his interviews, I think you would find that anything the police learned during the interview would not have been admissible as evidence in his trial.

  72. Or even rob a bank with a telephone..... by infonography · · Score: 1

    Oh wait, that was mentioned in a movie wasn't it. Oh!!! Curse you Quentin Tarantino!

    --
    Sorry about the writing. Robot fingers, you know? Cliff Steele in DOOM PATROL #23
  73. Step Four by infonography · · Score: 1

    Dr. Weird: [as an answering machine message] Gentlemen! You have reached Dr. Weird's residence. Now speak at the tone!

    Telemarketer: Hello, Dr. Wire... Wired... We... Weird.

    Dr. Weird: Steve, send the phone spiders.

    Telemarketer: This is Jay Edwards with, uh, Chauna Construction Company. With Spring here, we thought you might be interested in a new deck. AHH! Spiders! Get 'em off! Get 'em off!

    Dr. Weird: No, I guess we're not interested. Ah hahaha!

    --
    Sorry about the writing. Robot fingers, you know? Cliff Steele in DOOM PATROL #23
  74. You're *so* full of shit. by Anonymous Coward · · Score: 0
    You are considered "under arrest" as soon as the officer indicates that you are to stop your vehicle.
    Failure to do so puts you at risk for the charge of resisting arrest, or "eluding the officer", as some jurisdictions provide for.

    Additionally, the officer is NOT required to read you your "Miranda" rights IF HE IS NOT PLANNING ON QUESTIONING YOU.

    This information is easily confirmed, so please, refrain from bull-shitting the rest of the readers.

    1. Re:You're *so* full of shit. by Twirlip+of+the+Mists · · Score: 1

      Nope, that's not correct. In fact, it's completely backwards.

      --

      I write in my journal
  75. from the my-$0.02-dept ... by john+q.+user · · Score: 1

    I had a judge ban me from using the Internet.

    No, not *right this minute,* silly. Ended a while back.

    I spent a lot of time standing behind people and saying "no, *spell out* slashdot, then dot ... no, a real dot ..."

    I've also known people who were thus banned. On one hand, it's a formality. On the other hand, if it happens to you, it's very real.

    Some folks I know didn't take it very seriously. I tried to. It's easy to be cute about it, a la "hah! the order didn't say anything about SMS, and my provider has email over SMS, and I can use www2mail via email, so ..." but the reality is, judges have a notoriously poor sense for subtle distinctions when it comes to technology. You'll have to roll a natural 20 for your geeky explanation to fly in court.

    So I guess you could get away with alot if you're so inclined -- I knew people who clear-out ignored their restrictions, and never heard a thing about it. I tried to play it pretty straight. I didn't for a minute believe the guy tasked with my case would have a red blinky light go off if I started cruising slashdot, but I'd committed to the concept of abiding by the order, and felt obligated to stick with it.

    As times change, the variables involved will become different. Gosh, what an obvious statement .. "as times change, stuff will change with them." But yeah, it's true. Probation officers are not career luddites. I'm willing to bet sooner or later some poor schmoe with an itchy mouse finger will get busted because his PO had him on his AIM buddylist, or noticed his static IP was pingable, or something.

    But more importantly, bans like these are going to become ludicrous very soon. Already, people tend to wonder what century these judges are living in, to imagine that an offender can plausibly make their way in society without computers. Someone will probably make a career on a precedent-setting case over this.

    Do I have a point? Not really. I would like to hear about other folks' experiences with Internet bans and restrictions, though. Is there a prisontalk.com forum for it yet? If not, there should be :)

    PS: If you're banned from the Internet, shame on you for reading this~!!! >:o

  76. Re:Edmonton man jailed for luring teen on-line (te by dcw3 · · Score: 1

    Now, this is a sad story, and I can only hope that this guy has a *really* bad time in prison, but how has the idea that the internet is an evil entity with malevolent intent managed to flourish? Chat rooms are as dangerous as warm fluffy socks. If he chatted her up in the local park no-one would have suggested the park was to blame. I'm off to register theinternetisnotababysitter.com

    As the father of a 13 yr old girl, I would suggest to you that they no longer have babysitters at that age, but are still very naive. Mine was just recently granted IM privileges, but only with specific people that we know. Sure, I check up on my kids activities, but there's no way that any parent is going to be able to monitor all of their childs online (or offline for that matter) activity without giving them serious restrictions. No, I don't blame the internet (I met my wife online back in the 90s!), it's just a tool, but a tool that we should restrict access to from those who've shown that they'll abuse it. Regarding the need to do things like timecards, or VOIP...there are plenty of situations where limited restrictions are placed on convicted individuals...for example, only allowing a person to drive to and from work after a DWI. So, why not similar internet restrictions? "fluffy socks"??...surely you jest?!?...how many kids have been stalked by fluffy socks?

    --
    Just another day in Paradise
  77. so they CAN ban people from the internet? by Anonymous Coward · · Score: 0

    1) go visit any online game

    2) find up at least a dozen people who need to be banned from accessing the internet for the good of humanity.

    That's a far more constructive use of internet bans than stopping people from doing what they could just do in real life.

    1. Re:so they CAN ban people from the internet? by chawly · · Score: 1

      For the good of humanity ? Oh dear, oh dear, oh dear. Sure as shootin' as the Americans say. Surer maybe.

      --
      How many beans make five, anyhow ? ... Charles Walmsley
  78. Not really about technology by Anonymous Coward · · Score: 1, Insightful

    The restrictions placed on released sex offenders always seriously impede their ability to lead a normal life. Restricting their access to the internet is no worse than the more tangible bans that are commonly doled out in the UK (for instance being banned from playgrounds/schools, buying toys/puppies etc).

    I have always been under the impression that the bans were an attempt to thwart temptation. "I'll just look - won't talk to anyone" leads to "Just a little chat" leads to re-offending. In this sense its more akin to AA's insistence on total abstinence since the offender in question is unable to regulate their own behaviour given a sniff of temptation.

    1. Re:Not really about technology by Anonymous Coward · · Score: 0

      In this sense its more akin to AA's insistence on total abstinence since the offender in question is unable to regulate their own behaviour given a sniff of temptation.

      http://www.aadeprogramming.com/

  79. You Have Trolled And Been Caught-HAND by Anonymous Coward · · Score: 0

    "Court orders that ban people from driving very seldom actually stop people from driving.Court orders that ban people from going near someone they were harrassing/assualting/stalking seldom work."

    Actually, most PPO's and driving suspensions are either observed or violated with enough discretion to avoid joining the statistics pool, ergo you can't really state that as a provable fact. More gamesmanship with ethical behavior. If religion didn't exist...

  80. Governments by damicatz · · Score: 1

    Governments seem to use banning people from the internet as an easy way to deal with people that they feel have done something wrong. Since they can't actually control what someone does on the internet they seem to think banning people is the solution despite how hard it is to actually prevent someone from getting on the internet if they want to.

  81. Re:Edmonton man jailed for luring teen on-line (te by Anonymous Coward · · Score: 0
    "fluffy socks"??...surely you jest?!?...how many kids have been stalked by fluffy socks?

    About as many as have been stalked by the Internet. Since the internet is a lot of computers connected by a lot of wires, it isn't exactly able to stalk anyone.

    Human beings, on the other hand, are capable of stalking people. Sometimes they do it on the Internet, sometimes they do it in real life. All that technology does is provide an alternate venue.

  82. The slashdot mentality by Anonymous Coward · · Score: 0
    Using myself as an example, 10 years ago, I did all my holiday shopping by hitting the malls two days before christmas. This year, I have already finished my shopping, and never even left the house to do it (well, not entirely true - I had to follow up on one order from work, but that still didn't involve going to a physical retail location).

    Just because you did everything by mail doesn't mean that is the experience or even the desire of everyone else.

  83. Preventive vs Punishment by Ik3r · · Score: 2, Insightful
    When a court orders something, it will often not take any preventative steps to ensure it's followed. However, it will punish violations severely.

    Judges do not like being ignored. So if they feel like a court order is being violated, they have many methods at their disposal to ensure they are not ignored...like prison.

    So if I were banned from the Internet, I wouldn't go on the Internet. Unless you want your pissed off ex-girlfriend telling your parole officer about your Internet account.

  84. Listen to the meaning of the words by Mike+Hawk · · Score: 1

    The officer has arrested you. You are not free to leave. Arrested. They stopped you after personally observing your behavior in a public place and determined you performed an illegal act under the state or local vehicle codes. An officer personally observing you break a law in a public place is probable cause and does not require a warrant for further action. Then they arrest you. This isn't rocket science. Unless perhaps you are arguing that an officer personally observing illegal behavior is not probable cause for an arrest? In that case, here is some documentation on the subject.

    Rather than sqawking about it, lets do a little experiment. You go ahead and get pulled over by your local highway patrol or state trooper. Calmly and in a timely fashion hand over your documents. Then while the nice officer is in his car entering your information, go ahead and drive away. Then come back and tell us how far they shoved their clubs up your ass.

    1. Re:Listen to the meaning of the words by Twirlip+of+the+Mists · · Score: 1

      No, that's not correct. When you are pulled over in a traffic stop, you are not under arrest.

      Let's make this as simple as possible, because apparently details confuse people. Whenever a person is arrested anywhere in the United States of America, the arresting agent is required by law to inform that person of his rights.

      When's the last time you got mirandized at a traffic stop?

      To drive away from a traffic stop without permission is another violation --failure to obey a peace office--and if the circumstances are exigent, you can be arrested for it. But that's not the same as saying you're under arrest.

      You're not too smart, are you?

      --

      I write in my journal
    2. Re:Listen to the meaning of the words by renehollan · · Score: 1
      Er, I *was* mirandized: My miranda rights were on the ticket I received that informed me of my arrest. I had to sign a document that I understood the ticket I received.

      Where it gets interesting is that I was questioned before I was ticketed. I had signalled a left lane change, verified that I had plenty of room, and started to enter the left-most lane of the highway to make a left hand turn at the next traffic light. The highway was divided, with a grassy median and ditch between the two directions of traffic. Idiot driver in the lane I was entering decided they did not want me in front of them, and tried to overtake me on the left shoulder and median, not realizing that there was no room. Before entering the ditch, the driver swerved back and struck my drivers' side rear quarter panel. At 55 mph, it took some skill to stop the car (the drivers's front wheel having been knocked onto the gravel left of the shoulder), wait for traffic to clear, and pull over to the right shoulder, and wait for the police to investigate the accident.

      I took the time to verify that no one in either car was injured, and waited for the police. Witnesses reported the other driver's SUV had swerved all over the road mostly on two wheels and would up in the right ditch.

      We were both questioned, and because I admitted making what I believed to be a safe and legal lane change, I was ticketed -- defacto practice is to ticket the driver making a lane change. I accepted the ticket, checked off that I would answer the charge in court, and surrendered my bond card to the officer. My license, proof of insurance, and registration were taken only after questioning, copied to the ticket being written out, and returned to me with the ticket informing me of my arrest, along with insurance information of the other driver. The license plate had already been noted and run.

      When the court date arrived, the police officer's only witness (driver of the other car) did not show. I did not want the charge dropped, as the only way to clear the arrest on my record was to defend against it (Illinois had a policy of expunging arrest records of drivers who paid the fine and processing fee or who were found innocent). The judge permitted the trial to proceed but urged expediency. The police officer, myself, and my wife (a witness) were sworn in, the charge (illegal lane change), and my not guilty plea entered. The prosecuting attorney entered the accident report into evidence, asked if I had made a lane change (yes), if I struck another vehicle (no), and how then, do I explain the accident in the report?(The other vehicle struck me). She did not call the officer. My turn. I asked if the officer had seen the accident (no). The prosecuting attorney had no closing arguments. I recounted the events and argued that I had done nothing wrong. The judge found my explanation plausible, and in the absense of evidence to the contrary, found me innocent, ordered that the arrest be cleared from my record, and returned my bond card. All this took about 40 seconds. He was curious why I wanted the trial -- records of arrest were nothing to worry about without convition. I explained that, as a foreigner, who eventually wished to become naturalized some day, it was important to maintain a clean criminal record. I think I heard him curse the INS under his breath, for bogging down his court).

      The bummer was that my auto insurer paid the damage claim on both cars.

      --
      You could've hired me.
    3. Re:Listen to the meaning of the words by Twirlip+of+the+Mists · · Score: 1

      Funny. I just happen to have a traffic ticket right here in front of me --I let my inspection sticker expire, and got pulled over for it last month. Nothing here about Miranda rights. To the contrary, it specifically says that it's a citation, not a record of arrest, and that failure to pay the fine or appear in court can result in the issuance of a warrant for arrest.

      You've got the basic facts wrong here, buddy.

      You were also right to be chastised by the judge. You wasted the court's time demanding a trial when the court was already willing the drop the charges. A speeding ticket, once dropped, ceases to exist. Your misunderstanding of how our legal system works cost the taxpayers money. And now you're spreading this ignorance around via the Internet. Shame on you.

      --

      I write in my journal
    4. Re:Listen to the meaning of the words by renehollan · · Score: 1
      Perhaps the wording on the ticket changed since 1999, or you do not live in Lake County, IL. But, I distinctly recall being struck by the wording that referred to my detainment by the police officer while the ticket was written as an "arrest", and to the police officer as an "arresting officer".

      The court does not drop a charge (though it may dismiss a case). The prosecution can drop a charge. It was necessary to be found innocent so the record of my arrest would be expunged. The judge found my desire for a trial quite rational, though it did require the prosecution's agreement to proceed. I'd hardly consider 40 seconds or so to have greatly inconvenienced the court (the caseload was relatively light that day, anyway). While I represented myself, I had obtained the prior advice of legal council (it seamed simple enough that I saw no need to pay my lawyer $200 an hour to sit in court with me plus transportation time).

      Given the property and income taxes I pay, I'd be very surprised that it was a net burden to taxpayers. If the arresting officer were concerned about costs, he could have ripped up the ticket the minute I indicated that I would appear to fight it. Besides, unlike the other driver in this case, I have appeared as a witness to support traffic cases against others, when asked by the local constabulary. So, on the whole, I was probably a far greater benefit to the local community than a burden.

      Also, it was not a speeding ticket.

      The problem, increasingly, are organizations that care if one was "ever charged with a crime of which they were not acquitted" or "ever arrested". Dropped charges do not count.

      --
      You could've hired me.
    5. Re:Listen to the meaning of the words by Anonymous Coward · · Score: 0

      > Whenever a person is arrested anywhere in the United States of America, the
      > arresting agent is required by law to inform that person of his rights.

      So-called "Miranda" rights apply to the use of statements taken during an arrest. If the officer doesn't read these, he can still arrest you, but you can't be convicted based on anything you say beyond that point.

    6. Re:Listen to the meaning of the words by Twirlip+of+the+Mists · · Score: 1

      It was necessary to be found innocent so the record of my arrest would be expunged.

      There was no arrest. You're just kinda making stuff up now, I think.

      If the arresting officer were concerned about costs, he could have ripped up the ticket

      Destroy a court document that's probative into a pending case? Don't think so.

      The problem, increasingly, are organizations that care if one was "ever charged with a crime of which they were not acquitted" or "ever arrested".

      Why is this a problem? You were involved in an accident. You were accused of violating a traffic law. You want to cover up these facts, for some reason? You want to lie about it? You want to deceive people who ask you if you've ever been accused of breaking a traffic law?

      Why do you want to lie? I think that's the more important question here.

      --

      I write in my journal
    7. Re:Listen to the meaning of the words by Anonymous Coward · · Score: 0

      Also, while Miranda rights, as they pertain to evidence in a trial, may apply nationally, the definition of "arrest" varies by state, and is not nailed down by federal law or precedent. Each state may or may not have a definition of what constitutes and arrest in the general statutes.

    8. Re:Listen to the meaning of the words by renehollan · · Score: 1
      Why is this a problem? You were involved in an accident. You were accused of violating a traffic law. You want to cover up these facts, for some reason? You want to lie about it? You want to deceive people who ask you if you've ever been accused of breaking a traffic law?

      1. Records of arrests weigh unfavorably in naturalization hearings.

      2. Yes.

      3. No.

      4. No.

      5. No.

      What I do want is to be able to answer "No", truthfully, if asked if I was ever arrested. Illinois law, at the time, provided for the expunging of arrest records (i.e. it was as if it never happened) in the case of a finding of not guilty of a traffic violation.

      To date, I have no arrests, parking, traffic, or other violations on my criminal record, and certainly no convictions. I maintain an excellent credit rating, pay my taxes, obey all laws, and support a variety of charities.

      --
      You could've hired me.
    9. Re:Listen to the meaning of the words by Twirlip+of+the+Mists · · Score: 1

      What I do want is to be able to answer "No", truthfully, if asked if I was ever arrested.

      Confused now. The truth is that you were never arrested. (Well, I'm assuming. You have not described having been arrested at any point.)

      But you believe that you were. You insist that you were, in fact, in spite of being corrected on that point more than once. You say you want to be able to say "no" truthfully, but if you really were arrested, you can't. Instead, you went to a lot of trouble --and caused a lot of trouble for others -- so that you could lie about it in such a way that it'd be difficult for anybody to catch you.

      That's kinda embarrassing, I'd think. Particularly the part where you talk about wanted to earn your citizenship under false pretenses.

      --

      I write in my journal
    10. Re:Listen to the meaning of the words by renehollan · · Score: 1
      I received a ticket that said that I was arrested and released under agreement to (a) pay a fine and processing fee and the charge would be dropped, (b) plead guilty before a judge and accept sentencing which would be the same as the fine, (c) plead innocent and answer the charge. If found innocent the record of my arrest would be expunged.

      Council adviced me that, yes, technically I had been arrested, and yes, it could be made to "go away", legally, if I was found innocent, because of quirks of Illinois traffic law. It would be cheaper to admit guilt, but the record of my arrest would remain.

      All that over a legal lane change that resulted in an accident.

      I can only assume that I was, in fact, arrested for an alleged moving violation; and that quirks of law could make it as if I hadn't, if I was found innocent at trial.

      If I were trying to hide anything, I would not disclose as much as I have. But, I do not wish to get into trouble because of a silly technicality and if a finding of innocence translates into a technical non-arrest for those who care about such things, then that's the hoop through which I will jump.

      I would have thought that an alleged charge, or simple ticketing for a moving violation without conviction would have little effect. But, apparently it does.

      --
      You could've hired me.
  85. online is inconvenient by DunbarTheInept · · Score: 1

    1 - Some items are damn inconvenient to wait for mail-order delivery. ("Honey, we're out of garbage bags - time to order new ones! Ask them to ship via UPS this time...")

    2 - Some items are too cheap to order via mail order (pay $4 shipping for a $2 item).

    So, no I don't think brick-and-mortar stores will become a thing of the past, and that's not what my post was talking about. I do, however, think that the internet will become so ubiquitous (especially after ipv6 is accepted so that there are enough addresses for every appliance in the world), such that you will still be using it, even in a brick-and-mortar store you walk in to.

    --

    Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  86. Fuel efficiency is no longer better at 55mph by Anonymous Coward · · Score: 0

    While that was true in the 1970s, modern cars maximize their fuel efficiency at speeds higher than 55mph.

  87. Re:fF-off by Anonymous Coward · · Score: 0

    fFreak

  88. Re: Missing by I+Sil+Zah · · Score: 1

    You shouldn't wait up to 24 hours to report a missing person. However, the television shows aren't entirely off base. Obviously, if a child is missing, its an immediate response. But, in a lot of areas you cannot officially report an adult missing until 24 to 48 hours after you last heard from them. Sometimes this policy varies depending on your relationship to the missing adult. Every city I've lived in has had a different policy for reporting missing persons. I haven't working the law enforcement end, but from the evidence collection side, the earlier the person is reported missing the more likely they will be found. The more likely we will find evidence of their presence, potential foul play etc.

  89. Well... by ryan42 · · Score: 1

    Perhaps they could just send the name of the banned person to all the ISPs or (easier) just put them on a list that all the ISPs have to check for to let him sign up. Thier identities should also be checked to see if they had moved or changed thier name, etc. and proof of identification must be shown.

    1. Re:Well... by chawly · · Score: 1

      Could perhaps just shoot the s.o.b. - save a lot of trouble.

      --
      How many beans make five, anyhow ? ... Charles Walmsley