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Laser Painting Could Lead to 25-Year Prison Term

lowy writes "According to this USA Today article, a New Jersey man was charged under federal anti-terrorism laws with shining a laser beam at a jet flying over his home. The Feds arrested him after he flashed a police helicopter searching for the source of the beam. He now faces up to 25 years in prison under Patriot Act charges." It seems to be happening around the country, as our earlier post makes clear.

36 of 1,615 comments (clear)

  1. Re:Only 25 years? by word+munger · · Score: 4, Insightful

    Well, trying to kill someone generally nets you less than that. I assume if you actually succeeded you'd get a bit more than 25 years.

  2. Re:Only 25 years? by 2MuchC0ffeeMan · · Score: 4, Insightful

    Considering how windshields on airplanes are on the top of the plane, shining lasers at them probably won't blind them, and they won't crash.

    But it's the same as pointing a laser pointer at a itchy trigger finger cop.

    The guy shouldn't get 25 years, he obviously isn't a terrorist. But i'm now unpatriotic for thinking so.

    --
    Runnin' On Empty .... I'm Still Alive
  3. Re:Only 25 years? by Fnkmaster · · Score: 5, Insightful

    There are two possibilities. One is that there was intent to blind pilots and cause aircraft to crash, in which case 25 years sounds pretty light to me. Life imprisonment would be appropriate for attempted, premeditated mass murder.

    The other possibility is that it was a stupid, stupid person who wasn't really thinking about the consequences of what they were doing at the time and there was no premeditated intent to cause a plane to crash. If that is the case, I think 25 years is a bit extreme.

    In any case, hopefully a jury will figure out what the case was - as long as it doesn't go before a secret court with hearings closed to the public, then I'm happy.

  4. Your Rights Online? by Matt+-+Duke+'05 · · Score: 5, Insightful

    I think it is high-time that the "Your Rights Online" section be renamed to "Paranoid Rantings About The Eeeevilness Of Organized Government By Slashdot's Editors." Although michael is almost always the culprit behind such stories, I guess timothy is now just as guilty.

    It is amazing how often the stories in this section have little, if anything, to do with rights "online." What's even more interesting is how incredibly infrequently the alleged "rights" being violated in these stories are ever anything of the sort - namely "rights."

    If you truly believe that you have some sort of God-given/Constitutionally-mandated right to shine a high-powered laser into the cockpit of a 747, then you truly need a reality check.

    --
    -Matt
    Duke '05
    1. Re:Your Rights Online? by Lord_Dweomer · · Score: 5, Insightful
      While I agree that this is hardly "Your Rights Online", I do think it is relevant to Slashdot since it deals with geek toys possibly becoming illegal, as well as solving a mystery that was most certainly appropriate for Slashdot (the original laser pointer hitting planes story).

      So, I agree this is a bit hyped up, but its nice to have some closure on the story.

      --
      Buy Steampunk Clothing Online!
  5. My rights online? by brunes69 · · Score: 4, Insightful
    And this relate sto my rights online how?

    Was this guy using a laptop while pointing a laser at the plane, or what?

    Aside from that - I could care less what this guy gets. Even if I agree with the posters claiming that the pilot could obviously not see the laser - anyone who is flashing a laser pointer off at a POLICE HELICOPTER these days is obviously a complete idiot/jackass. To me this is natural selection in action.

  6. Is this a good trend? by redwoodtree · · Score: 4, Insightful

    We're basically now arresting and locking up stupid people. Maybe this is a good trend, but honestly, before "terrorism" this guy would just get a slap on the wrist.

    Now, because we're at war a simple act of (admitedly dangerous) stupidity will get you facing the patriot act.

    Hmm.. maybe this isn't such a bad thing. I wonder if they can arrest the guy who weaves down the freeway lane-hopping and tail gaiting under the patriot act too, he treathens my life every day.

  7. Any Excuse to Say "We're Tough on Terror" by DigitalSorceress · · Score: 5, Insightful

    This says it all::

    Justice Department officials said they do not suspect terrorism in any of the cases, but said Banach's arrest shows how seriously they take the matter.

    Back on 9/11, one of my biggest fears was not that terrorists would somehow feel that I was worth picking out of a crowd, but that my government would joyously tear up what remained of the Bill of Rights in an overzealous, misguided attempt to appear to be "doin' sumthin' about terrorism".

    I am very sad to see myself proved right.. almost on a daily basis.

    --

    The Digital Sorceress
  8. Re:Only 25 years? by sgant · · Score: 5, Insightful

    OK, I can see giving him more time. He was trying to do something that could have had a very dangerous outcome if he succeeded.

    But they're talking now about outlawing lasers to the general public?!?! Huh? Because they can be used for this?

    OK, outlaw them. They have the slight chance of maybe blinding one of the pilots on approach. (again, another Tom Clancy scenario in a book about using an ultra bright light to bring down an approaching airliner...just like in the same book a 747 pilot crashed his plane into the Capital building in Washington...but I digress......)

    But if they could do this, why not outlaw all guns and rifles in the US! I mean, couldn't THESE be used on approaching and departing airliners? A 460 Weatherby Magnum rifle could do some serious damage...maybe bust open a fuel tank if aimed with any degree of accuracy. I mean, if you're going to outlaw a 10 dollar laser pointer, shouldn't a high-powered rifle be in the same boat?

    But no no...can't do that can we! We have the NRA...there is no National Laser Association lobby group in Washington looking out for our right to keep and bear lasers!

    (is it bear or bare...I can never remember)

    --

    "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
  9. I'm confused by the distance by mOoZik · · Score: 4, Insightful

    They say the plane was about 10,000 feet up and the laser came from 15 miles away. It doesn't take a genius to see that:

    1) Laser pointers over 15 miles away - or even nearly 2 miles away - lose a lot of their energy and are no brighter than dim LED bulbs at those distances.
    2) It is virtually impossible to track a laser on a cockpit from 15 miles way, or even from 2 miles away.

    So what's going on?

    1. Re:I'm confused by the distance by killjoe · · Score: 4, Insightful

      What's going on? It's called "the drumbeat". In washington everything is driven by the drumbeat. Somebody dropped the "they can bring down planes with lasers" meme in washington DC and the "we have to do something about it" drums started beating.

      Once those drums are beating they won't stop until people are dead and tortured and may lives are made miserable.

      --
      evil is as evil does
    2. Re:I'm confused by the distance by RealAlaskan · · Score: 5, Insightful
      1) Laser pointers over 15 miles away - or even nearly 2 miles away - lose a lot of their energy and are no brighter than dim LED bulbs at those distances.
      2) It is virtually impossible to track a laser on a cockpit from 15 miles way, or even from 2 miles away.

      So what's going on?

      From TFA:

      Justice Department officials said they do not suspect terrorism in any of the cases, but said Banach's arrest shows how seriously they take the matter.

      "We need to send a clear message to the public that there is no harmless mischief when it comes to airplanes," said Christopher Christie, the U.S. attorney for New Jersey.

      They've found some guy who was playing with his laser pointer and they're going to fry him. Doesn't matter whether he was the one they were looking for, doesn't matter whether the guy they were looking for could have done any harm this way if he'd been trying.

      Christie is going to ``do something about terrorism'', and he doesn't care how many of us he has to kill or imprison to make the rest of us feel safer by advancing his career.

      If we're going to start sending people to jail for shining lights at airplanes, maybe we'd be better off without the airplanes. Thanks to these same ``public servants'', it's getting too dangerous to travel by air anymore, anyway.

  10. Re:Only 25 years? by harrkev · · Score: 5, Insightful

    Please read this very informative article entitled "Lasers Aimed At Airliners: Overreaction?"

    My only complaint with this article is that the author does not realize that $500 or so will buy you a VERY powerful laser that is easily capable of damaging the eyes in a heartbeat. But otherwise, a good read.

    I am getting very discouraged at the sheer amount of paranoia in our society. Everybody is overreacting to everything and is afraid of their own shadow. My wife is afraid for me to even pull out my Leatherman in public, because she is afraid that other people might thing that I might be a terrorist or some other type of bad guy. Riiiight. Like I could really kill 100 people in a mall with only a 2-1/2 inch blade and a pair of pliers. Except for special circumstances (like on an airplane), you cannot kill 100 people with a pocket knife unless your name is Bruce Lee or Chuck Norris, in which case you don't even need the knife.

    Remember: if you walk around in fear, then the terrorists have already won. Think long and hard about where the term "terrorist" came from. I refuse to give them the satisfaction of being afraid.

    --
    "-1 Troll" is the apparently the same as "-1 I disagree with you."
  11. Re:Only 25 years? by MoonBuggy · · Score: 4, Insightful

    As I see it, the time isn't the issue here. The fact is that this man is not a terrorist and should not be punished under terror laws - argue for him getting more or less time to your heart's content, but do not twist the course of fair and just use of the legal system. If these laws exist for terrorism cases, use them in terrorism cases. If the rest of the existing laws are inadequate, change them, don't use that fact as an excuse to get unpopular proposals into general use through the back door with false assurances that they will only be used in very specific circumstances.

  12. Re:Only 25 years? by eyeball · · Score: 4, Insightful

    But they're talking now about outlawing lasers to the general public?!?! Huh? Because they can be used for this?

    Some days I think it would be a lot easier for the govenment to just tell us what we can do. "Ok, all you're allowed to do is go to work, watch TV and shop. Nothing else."

    --

    _______
    2B1ASK1
  13. Re:Only 25 years? by Tassach · · Score: 5, Insightful
    This case shows exactly why the USA-PATRIOT act is such a bad idea. ANYTHING the powers-that-be don't like can be labelled "terrorism" and thereby trump ordinary due process and Constitutional protections.

    This is not saying that this sort of behavior shouldn't be punished, what it is saying is that it should be done under existing laws. There's no reason to charge someone with "terrorism" when their conduct is more accurately described as "reckless endangerment", "malicious mischeif", or "interfering with an aircrew".

    --
    Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
  14. Re:Only 25 years? by LurkerXXX · · Score: 4, Insightful
    Ok, the guy points a laser at an aircraft. It's been over the news lately that someone tried to 'take down planes' by blinding the pilots with a laser in sevaral different cities. Stupid.

    Now it's on the local news that someone has been trying to do it. The FBI is investigating.

    The next night he's out and tries to do the same thing to a helicopter. He's either deliberately trying to do harm to them, or so stupid he should never been allowed to reproduce. Either way, locking him up should be safer for the general public.

  15. Re:Only 25 years? by Nijika · · Score: 4, Insightful
    From the article:

    The jet, a chartered Cessna Citation, was coming in for a landing last Wednesday with six people aboard when a green light beam struck the windshield three times at about 3,000 feet, according to court documents. The flash temporarily blinded both the pilot and co-pilot, but they were later able to land the plane safely, authorities said.
    ...
    Then, on Friday, a helicopter carrying Port Authority detectives was hit by a laser beam as its crew surveyed the area to try to pinpoint the origin of the original beam.

    Oopsie daisy!

    kfg: Imagine trying to "bring down" a car with a laser pointer. I'll be you couldn't do it in a Godzillion years.

    I imagine it would be much easier than you imagine. A sustained laser at a drivers eyes would make them swerve if not stop dead on the road. A pilot of a passenger plane does not have that luxury.

    The guy that did this is a 38 year old asshole, not an innocently playing child, and I'm glad he's going away. If he didn't know this was going to lead to trouble he's also one of the dumbest men in the U.S.

    --
    Luck favors the prepared, darling.
  16. I think it's mostly for yucks. 25 years is absurd by TheLittleJetson · · Score: 4, Insightful

    Immagine you just bought a $700 laser pointer. You're amazed that you can see a reflection from stuff really far away. Hey look, I can even shine it on that plane overhead!

    Really, I bet that's the extent of it. This whole "THEY ARE CRASHING PLANES WITH THEIR LASER GUN" is just more post-911 hysteria. 25 years is a long time. This is an equivalent penalty to MURDER, and this is far from it. I think a stiff fine would be enough to stop folks from doing this.

    More importantly, this is just one more case where the PATRIOT act, which gives some constitutionally-questionable powers to law enforcement, for the specific purpose of apprehending terrorists, has been used on someone who isn't a terrorist.

    Funny thing is, I saw this on the news like 2 days after I saw a link to one of those uber-laser-pointers that burns holes in plastic cups (I believe I was linked from /.) News reporters were like "this is sophisticated laser tracking" and my parents were like "I wonder if it's terrorists?" I said "no, it's probably some guy with one of these laser pointers I just saw on the web, but if they catch him, he'll be prosecuted as a terrorist." Sucks being right all the time about this kind of stuff...

  17. He knew it was eye unsafe by Migraineman · · Score: 5, Insightful

    The kicker in this case is two-fold: a) he did it more than once; b) he knew the laser he was using could cause eye damage. So this isn't a case of Joe Sixpack getting a laser-pointer from his girlfriend, ripping the package open and heading outside while hollerin' "Hey y'all, watch this!" Nope, Doofus here pointed his fiber-optic test equipment (which he warned the attorneys about being dangerous) at more than one aircraft on more than one occasion. He can try to plead with the judge that he didn't know there would be any people on the aircraft, or that he didn't think that there would be danger beyond X distance from the source, but I don't think anyone is going to fall for it. There's no doubt that the lawyers are going to publicly crucify him, but this guy's actions were clearly negligent.

  18. Diffraction, beam divergence, and power density by Anonymous Coward · · Score: 4, Insightful

    Calm down, everyone. A 5mw laser is a _little_ dangerous at close range, because of the power density (intensity) of the beam. If you've got a 5mw beam with a 300 micron diameter, its intensity is about 250 mw / mm^2. Also, since your pupil is larger than the beam diameter, by pointing it at your eye you can pump the entire 5 mw into your eye.

    That's _kind of_ dangerous, but you have to work pretty hard to do any permanent damage (like stare into the beam for a while).

    On the other hand, lasers like this have a beam divergence of at least half a milliradian (due to diffraction, if nothing else -- it's IMPOSSIBLE to collimate a 300 micron diameter beam of visible light better than that).

    So if you're, say, a kilometer away, the spot size of the laser is a half meter. This gives a power density at the pupil of your eye, of about 80 nanowatts per square millimeter, or 80 milliwatts per square meter.

    Truly, truly harmless.

    That's about 1/12000th the intensity of direct sunlight.

    Anyone who wishes may point their green laser pointer directly at my eyes from a range of 100 meters or more, for as long as they wish.

  19. A Laser Exercise - Experts Only! by baudbarf · · Score: 5, Insightful

    Okay everybody, get out your laser pointers, it's time for an exercise.

    Try to shine that laser at a target the size of a grape. Easy? Okay, make that grape move. Harder, huh? Now make the grape move at 600 miles per hour. Can you still hit it? Now, try doing the same thing to a grape hurtling through space at 600 miles per hour about half a mile away from you. Do you still think you can hit it?

    That grape represents the pilot's eye.

    Now, try holding your laser on that target for a couple minutes - as long as it takes to blind a person.

    Now repeat the exercise to blind the pilot's OTHER eye.

    Now do it two more times to blind the co-pilot's eyes.

    And you'd better hope that the pilots don't respond to the agony of their retinas sizzling away by putting on sunglasses, or ducking or moving in any way!

    This, friends, is the terrorist threat of the week. Please be frightened.

    --
    You can run but you can't hide, except, apparently, along the Afghan-Pakistani border.
  20. Re:Only 25 years? by jest3r · · Score: 4, Insightful

    Would driving with your highbeams on classify as Reckless Disregard for Human Life? What you if you blinded a bus driver carrying a load of passengers?

  21. Re:Walking in fear by symbolic · · Score: 5, Insightful

    Remember: if you walk around in fear, then the terrorists have already won.

    The irony here is that it's not the terrorists I'm afraid of, it's our own government. Seems the terrorists have won either way.

  22. Don't be daft by Gordonjcp · · Score: 4, Insightful

    That's exactly why the pilot of a commercial aircraft rarely if ever flies the approach by hand.

  23. Re:Only 25 years? by vicviper · · Score: 4, Insightful
    Would driving with your highbeams on classify as Reckless Disregard for Human Life? What you if you blinded a bus driver carrying a load of passengers?

    Are you asking for a legal opinion or a moral opinion? Are you driving with your highbeams on to intentionally blind the bus driver?

  24. Re:Only 25 years? by Anonymous Coward · · Score: 4, Insightful

    Agreed. I find it extremely annoying when half the idiots in their gi-normous SUV's and pickups drive around with their foglights on when there isn't any fog.

    Hey!! Spunkmops!!...

    if(fog > 3)
    foglights = on;
    else
    foglights = off;
    endif

    </rant>

    (Or maybe I'm just too light-sensitive and should just plan on staying in my parent's basement... :-)

  25. Re:Lasers are different by ottothecow · · Score: 4, Insightful

    But the high beams instantly kill the drivers vision while they shine (from front or into mirrors) while he is participating in what is already a very dangerous activity. The pilot could afford a few seconds without vision (hell he could get up and do a dance)

    --
    Bottles.
  26. Re:Only 25 years? by LurkerXXX · · Score: 4, Insightful
    Let's see, he warned the cop to watch out when he turned on the laser, because it could 'blind him'. But he was pointing it at the cockpit of an airplane. Yes. I'm calling him stupid. For lots of reasons.

    I don't like the patriot act, etc, at all any more than you do. But I'll work to change the law. I won't go do something moronic and then claim no one should be upset because there is also a bad law on the books.

  27. Re:Only 25 years? by dgatwood · · Score: 4, Insightful
    On the other hand, just because someone is shining a laser in the sky doesn't mean that they were aiming at the plane. Point at a white dot that you assume is a star, then you realize it's moving. Oops. You're now guilty of a federal crime.

    The problem is that passing a law in which a particular intent is illegal means that the terrorists can get off if they can plausibly state that their intent was pointing out stars to someone, while passing a law that doesn't take into account intent means that astronomers can accidentally get charged with terrorism and have no recourse.

    Long story short, the right answer is to properly design aircraft so that this isn't an issue. An ideal design would include a handful of cameras and VR panorama glasses. Only slide the window shades out of the way if the electronic navigation fails. Even better, it could give you a 360-degree view of the area around the plane, which would have some nice advantages.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  28. Re:Only 25 years? by rworne · · Score: 4, Insightful

    Considering the pilots in the Cessna got flashed three times, and a helicopter got flashed by the same guy, I'm pretty sure it was intentional.

    Still, pre- and post-9/11 stories are interesting to read. Post 9/11 stories abound with "terrorists using lasers to possibly down planes" whereas pre-9/11 stories are about mischief, poor planning, and training pilots not to stare at the beam. Funny how things change.

    Pre 9/11 laser-plane stories:
    Problems with Laser Light Shows
    Outdoor Laser Safety Is in the Hands of the FAA

    As another note, we had some asshat firing a pellet gun at car windows back in the 90's. Someone was caught shining a laser pointer at a vehicle and arrested as a suspect. Funny (and scary) thing was listening to the idiot talking heads on TV speculating if a common laser pointer could shatter a car windshield. Yes, they were serious about it.

    Post 9/11, they are going all out to hang some asshat out to dry for screwing with planes. The idiots who do this deserve to be punished, but what it really looks like is lasers are getting set up to be regulated and/or removed from public availability.

    What's really interesting is that there is an FAA report (April 2001) documenting at least 150 instances of cockpit illuminations between 1996 and 1999. That's about once a week. It wasn't big news then.

    I'd love to get one of those 100mW green lasers to mess around with, but now I can't. I would expect some kind of bill being introduced in Congress soon to address this issue now that they are back in session.

    --
    I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
  29. May I Be the First to Say... by josh3736 · · Score: 5, Insightful
    ...I told you so.

    "Don't worry guy, we'll never use PATRIOT to prosecute citizens. We'll only use it to fight terrorism." (Imagine it coming from Saddam in South Park.)

    Now we're using PATRIOT for day-to-day law enforcement. I'm not saying this guy should not be punished for his stupidity; I'm saying we should all be concerned for the day a National Security Letter and a unmarked van take you away.

    1. Re:May I Be the First to Say... by Ayaress · · Score: 4, Insightful

      I considered the use of the PATRIOT act to take down a file swapping site with episodes of Stargate SG1 a lot worse than this. This guy's far from a terrorist, and I swear there must be some other applicable law they could use against him.

      Still, I think the gap between shining a laser on a plane for shits and giggles and shining a laser on a plane to allow a guided weapon to target it is a lot narrower (relatively speaking) than the gap between copyright violations and any kind of terrorism.

    2. Re:May I Be the First to Say... by frdmfghtr · · Score: 4, Insightful

      Since the original link didn't work..

      http://www.usatoday.com/travel/news/2005-01-04-las er-aircraft_x.htm

      I'll grant you that tossing the word "terrorist" into this case is a bit of a stretch, but let's consider two points:

      (1) He shined it at an aircraft one night; and

      (2) He did it AGAIN two days later, at a police helicopter no less. It wasn't a one-time fluke that he was painting aircraft.

      Now, another story I read recently stated that the FBI/DHS/whomever does not suspect that terrorists are behind this, but then again a laser doesn't have to guide a missile to bring down an airplane, just distract the aircrew or cause them to take evasive action for a non-existent shoulder-launched missile attack.

      Nor does a terrorist have to be a citizen of a country other than the US (as in Timothy McVeigh). Does this guy have a prior criminal record? The story doesn't say. Nor does it say if the laser simply hit the aircraft for a split second or if it traced its path through the sky.

      So, if one thinks about it a little, antiterrorism charges aren't necessarily as far out as one might think. Do I think they are pretty far out? Sure, but not impossible either.

      --
      Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
  30. Re:Only 25 years? by dougmc · · Score: 4, Insightful
    I don't think it's possible to inflict any harm on any aircraft with a laser pointer.
    I agree. However, it would be possible (though *incredibly* unlikely) to blind the pilot or distract him long enough to cause an accident.

    Granted, a searchlight aimed at the plane or even a sufficiently large display of BOOBIES might have the same effect ...

    This was a harmless bit of mischief.
    Probably not even that. He was probably just amused that he could see his laser pointer spot on the plane. But he's probably regretting it now ...
  31. Wrong by Presence1 · · Score: 4, Insightful

    First, lasers do spread (although a lot less than incoherent light), so the dot several miles away is larger than the dot several feet away.

    Second, aiming is not as difficult or impossible as you make out - -the plane is moving, but in a steady and not erratic way. He reportedly succeeded in temporarily "blinding" or at least dazzling the pilots fo the first plane. That was just with a hand held laser -- add a good mount and scope, it'll become trivial for any good rifleman. Remember, a good long distance rifleman can put a bullet in a 10" target at ranges of thousands of yards, and the bullet doesn't expand and is affected by wind. The laser is not significanlty affected by wind, and does expand.

    Third, some kinds of lasers can blind you in microseconds, especially infrared lasers. They are well refracted by the human eye, and just being in the visible range unprotected will blind people literally before they know it. This is so bad that there are specific prohibitions in war crimes for using any type of laser to blind the enemy, and the spectrum on some weapons programs have been changed to prevent blinding from reflections (which would generate war crimes charges).

    Fourth, you don't have to actually cause permanent blindness, just bounce enough light around the cockpit that the pilots cannot see well or focus consistently, and you have a good chance of crashing the plane.

    Just because you aren't smart enough to figure out how to make something work doesn't mean that other people can't figure it out.

    I don't have any great love for the government, and I'm against the Patriot act and especially misuse of it. But give credit where credit is due; they are right in this case. Even if this guy is merely an idiot -- he is a very dangerious idiot.