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Feds Arrest Private Eye at HOPE

An anonymous reader writes "FBI agents today arrested Steven Rambam, the owner of a company that bills itself as the largest privately held online investigative service in the United States, according to Washingtonpost.com's Security Fix blog. From the story: 'Rambam was arrested this afternoon by FBI agents just moments before he was to lead a panel discussion on privacy here at the HOPE hacker conference in New York City. Rambam and three other panelists were to discuss how they dug up -- in just 4.5 hours of searching private and public databases -- more than 500 pages worth of data on HOPE attendee Rick Dakan, who agreed to be the guinea pig for the project.'"

97 of 430 comments (clear)

  1. Any information on charges? by Ph33r+th3+g(O)at · · Score: 5, Insightful

    AFAIK, digging up information on a willing person and presenting isn't illegal.

    --
    I too have felt the cold finger of injustice.
    1. Re:Any information on charges? by NixLuver · · Score: 5, Insightful

      That would depend on the means used to acquire said information. The fact that I give you permission to 'dig up what information you can' on me doesn't grant you immunity from prosecution for, say, social engineering data out of the county clerk (fraud), computer crime (hacking the hospital's database, for instance), or other process that's illegal by its very character. I can *give* you that information, of course, but then you're not 'digging it up', eh?

    2. Re: Any information on charges? by Black+Parrot · · Score: 4, Funny

      > Any information on charges?

      We could tell you, but then we'd have to arrest you.

      --
      Sheesh, evil *and* a jerk. -- Jade
    3. Re:Any information on charges? by double-oh+three · · Score: 5, Informative

      Steve Rambam is a licensed private eye, and according to the guinea pig (I'm attending the conference) he signed a waiver and Steve used only legal databases. Steve was also running an intensive mini con on the 6th floor (Hope is on 2 and 18) and was arrested after that. That mini-con was private-eye oriented, not hacker.

      --
      "For years, I struggled with reality... but I'm happy to say I finally won out over it." -- Elwood P. Dowd
    4. Re:Any information on charges? by harlows_monkeys · · Score: 2
      AFAIK, digging up information on a willing person and presenting isn't illegal

      The arrest is obviously for something else (the digging for the presentation had only just been done, so even if there was some problem there, there would not have been time to arrest him for that). The conference just before his presentation was merely the place they found him to carry out the arrest.

    5. Re:Any information on charges? by 0kComputer · · Score: 3, Informative

      Its not illegal. The only real guidelines AFAIK deal w/ FCRA regulations. In most cases PI's dont fall under this and actually have quite a bit of freedom as far as searches. In my opinion, this article is pretty useless. Sounds like this guy was arrested for something else. The fact that he could dig up information on his participant is just the result of a standard background check. ID verification/Credit/Vehicle registration databases readily provide this information and are the bread and butter of backround checks.

      --
      Top 10 Reasons To Procrastinate
      10.
    6. Re:Any information on charges? by thejeffer · · Score: 2

      From BoingBoing:

      "The FBI agent said the agency would not release any more information about the arrest, and that the information was sealed until Monday when Rambam is expected to make an initial appearance in the U.S. District Court for the Southern District of New York. I've got a call in to his attorney and will update this post if I hear anything new. The scuttlebutt here at the conference is that Rambam may have located someone who was in the FBI's witness protection program, but I have not been able to verify that rumor at all."

    7. Re:Any information on charges? by ArtStone · · Score: 3, Informative

      By "someone", are you thinking the person who has been arrested has a right to be told - or that *you* (someone not involved with the case) has a right to know? Those are two very different things.

      *You* have no right to know what is in a sealed court document that does not involve you.

      The term you are thinking of is "Habeas Corpus".... that a person cannot be held for an unreasonable time without being informed of the basis of their detention and offered reasonable bail. IANAL.

      If you can find something in that "goddamned piece of paper" that says otherwise, please cite your fact.

      --
      Final 2006 "Proof of Global Warming" US Hurricane Count -> 0
    8. Re:Any information on charges? by bruce_the_loon · · Score: 3, Insightful

      I wonder if the person using the volunteer's Social Security number since 1983 is the guy in the witness protection program?

      Wouldn't put it past the feds to use a SSN whose original owner is still alive.

      So, what big federal cases went down in 1983? Mafia maybe?

      --
      Trying to become famous by taking photos. Visit my homepage please.
    9. Re:Any information on charges? by Hope+Thelps · · Score: 2, Insightful
      Steve Rambam is a licensed private eye


      Is that relevant? For the most part, surely private investigators are subject to the same laws as the rest of us.

      and according to the guinea pig (I'm attending the conference) he signed a waiver and Steve used only legal databases

      How did the guinea pig determine that he only used 'legal databases'? Did he participate in the actual information gathering or is this based on an extremely detailed account of how every piece of information was gathered?

      Presumption of innocence means that he can't be found guilty without a formal trial, right to defend himself etc. It doesn't mean nobody can get arrested as long as they say they didn't do it :)
      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
    10. Re:Any information on charges? by theshowmecanuck · · Score: 2, Insightful

      That's right, now move along, nothing to see... and if you bother us, we'll arrest you too... and know one will know why... heh! heh! heh! heh!

      Scary thought isn't it? Police arresting people and we aren't supposed to know what they are arrested for. Secret detention and secret charges are not very different from secret trials or secret detention. The way things are going, if the police were allowed to detain people without telling anyone why, it wouldn't be long before they would detain people without telling anyone they detained them. Then we would be at the level of mid-1970s South or Central America were people were being "disappeared." A little paranod... yeah I know. But what do you expect when the government is trying everything it can do to get around constitutional rights and allowing searches without oversight, etc.

      Personally, although *maybe* Habeas Corpus is for the prisoner's sake alone... I think it helps protect society from police being able to abuse their position. i.e. No secret charges. Some would argue that the present administration's policy is trying to go the other way.

      IANAL... yadda yadda yadda

      --
      -- I ignore anonymous replies to my comments and postings.
    11. Re:Any information on charges? by Jesus_666 · · Score: 3, Funny

      Any information on charges?

      Electrons: negative
      Neutrons: neutral
      Protons: positive

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    12. Re:Any information on charges? by grimwell · · Score: 5, Interesting

      My brother was arrested(was a juvenile at the time) ~15 years ago, was held without being told the charges and my parents were denied access to him for 12 hours. The cops did let my brother make his phone call and he called home. When we(Dad & me) arrived at the police station they originally denied they were even holding him. That didn't fly, my Dad explained he had spoke with my brother and he was here. Next they threaten to arrest my Dad because he wouldn't leave the police station until he got to see&talk to his son. He sat there and I left to go physically bring a lawyer to the station(figuring I would be bailing out two family members by the time I returned) and to update Mom. There were no payphones in the police station lobby and cell phones were still uncommon.

      The charges were "terrorist threats" and they were eventually dropped. The cops were pissed at my brother for telling the occupants of an apartment to see the search warrent before letting the cops in. So they said my brother matched the description of a suspect(pure bullshit, said suspect was 50 pounds heavier and 5 inches taller) and he verbally threaten the life of a cop(again bullshit, brother knows legally where the line is with cops; be polite but firm).

      And several years before that my parents' house was searched and computer equipment seized by police wielding a search warrent without an address or name. Got the stuff back after getting a lawyer but took several months. Parents used to always leave the backdoor unlocked, so we(kids&friends) could come and go without having to carry a key(neighborhood was that safe). Cops came in thru that same unlocked door when no one was home and since that day the backdoor is always locked. Safe neighborhood... except for the cops.

      Both events happened on US soil against US citizens.

      Humans will do whatever they damn well like... Cops happen to have jails and guns at their disposal, avoid cops.

      --
      If the govt becomes a lawbreaker, it breeds contempt for law, it invites man to become his own law, it invites anarchy
    13. Re:Any information on charges? by AvitarX · · Score: 2, Informative

      In some states (CO) private eyes are given extra priviledges to lie or pretend to be someone else in the course of investigating, normal people are not.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    14. Re:Any information on charges? by Paradise+Pete · · Score: 2, Funny

      Pickett's: failed
      Light Brigade, of the: poetic

  2. Reason? by Xuranova · · Score: 5, Insightful

    No one has any idea why he was arrested? I read the article and there wasn't any hint at a reason.

    --
    "There is no real right or wrong, just what the majority accepts at the time."
    1. Re:Reason? by davek · · Score: 5, Interesting

      That would be my first question. Why would the FBI engage in such an obvious publicity stunt? Arrest someone right before they're supposed to speak before a group of hackers? They'd better have some serious charges to levy against him, or else they've just shot themselves in the foot.... again.

      -dave

      --
      6th Street Radio @ddombrowsky
    2. Re:Reason? by Anonymous Coward · · Score: 2, Informative

      Emmanuel Goldstein adressed the crowd just before the panel was about to start. Apparenty 4 agents arat arresed him as soon as he finished a security seinar he was running paralell to the HOPE Confrence. There has not been another update sence then. One his friends gave the address he is prob being held at, but Im not sure if I can legally repeat that. Also Kevin Mitnick fell very ill in Columbia (the country) and is unable to be here either.

    3. Re:Reason? by iminplaya · · Score: 2, Interesting

      ...or else they've just shot themselves in the foot.... again.

      What's that supposed to mean? When was the last time an agent has been brought up for violation of rights? And how long can they hold a citizen before bringing up charges? If they accuse him of some kind of terrorism, can they hold him as long as they want without charging him at all? I'll bet there will will be some serious gag order thing going on. Seeing as that is probably why they took him away. He might know "too much".

      --
      What?
    4. Re:Reason? by Mr2001 · · Score: 4, Funny
      Guess you're out of the loop, guy, the feebs of the FBI aren't responsible to the American public, only to Terror Czar Gonzales of the DOJ and the neocons (and perhaps Bill Crystal and Richard Perle).

      That guy's in on this too? Man. I loved him in City Slickers, but he's just lost a fan forever.
      --
      Visual IRC: Fast. Powerful. Free.
    5. Re:Reason? by Cybersonic · · Score: 3, Informative

      No one (at the conference) knows the reason yet. Lots of people here at the show were quite confused and suprised at the whole situation. I am sure we will know something by Monday...

      --
      Cybie! aka Ralph Bonnell
    6. Re:Reason? by Comatose51 · · Score: 4, Funny

      If no one knows what he's being charged with, then it should make it easy to find him. He's sunbathing with all the other uncharged suspects in Guantanamo.

      --
      EvilCON - Made Famous by /.
    7. Re:Reason? by pigscanfly.ca · · Score: 5, Interesting

      nothing like a public arrest to keep the populac in line.
      I'm not saying that this arrest was for those purposes, but if you have large gathering of people who are all on the fringes of the law, a not so sutble way to remind them that they are being watched is arresting someone with a relatively high profile within the group.

    8. Re:Reason? by mikael · · Score: 5, Informative

      According to this article, he has been involved in a lawsuit against a spam blocker (his company was mistakenly placed on a spam blocklist), he has tracked Nazi war criminals, and he discovered that
      Elvis has Jewish ancestors.

      He's had a mention in a previous slashdot comment in this article Comment title: "Outsourcing is a way around civil liberties". Article summary:

      I saw a talk by Steve Rambam at Hope 05. Besides a live demo of a database that freakin blew my mind (in a live demo in than 30 seconds, steve pulled up everything about a guy in the audience, including past roommates, active phone lines, and his mom's credit report using *ONLY HIS SOCIAL SECURITY NUMBER*).

      his assertion is that privacy is dead, not because Big Brother in D.C. is watching, but because Big Defense Contrator is watching. The government, sick of trying to ram through legislation on what it can and can't do with data it collects on its citizens, is now sub-contracting all kinds of tasks. For example, perhaps the Feds can't do a nation-wide driver's license photo scan without inciting privacy concerns; however, if most of the states sub-contract out their photo processing to a contractor on advice from big brother, then that contractor hires itself to the big brother and sells *RESULTS* from some data mining query (but never the data itself), then big brother hasn't violated any privacy rights. Similarly for phone logs, criminal databases, airline data, medicare, drivers license, health databases, traffic tickets etc.

      he told me the name of the database we should all really be afraid of, bigger than Echelon, but i forgot its name.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    9. Re:Reason? by sgt_doom · · Score: 5, Informative

      HOLY CRAP!!! Don't you EVER read the newspapers??? About 3 to 4 months ago, FBI guy arrested for child porn stuff. Awhile prior to that, big scandal about feebs trying to pull scam on Wall Street brokerage and people, prior to that, those FBI people convicted of being Mafia snitches, gave criminals inside information leading to murders of FBI informants. Ever hear of Ruby Ridge? FBI Assistant Director (under Louis "the Sicilian" Freeh's reign) was demoted before being tried, and convicted for obstruction of justice, falsification of evidence, etc., etc. Later his sentence was overturned when Bushies came into power....Please get with the program and stay current...and note I haven't even mentioned the five FBI agents busted for selling secrets to the Soviets over the preceding thirty years....

    10. Re:Reason? by sgt_doom · · Score: 2, Insightful

      Hmmm...ChoicePoint? Acxiom?? Elensys??? SRA International??? Searchspace??? First Data??? Systems Research and Development??? LexisNexis (Seisint)???? Visionics??? Civitas Group??? TransCore???? Comverse Technology???? RiskWise???? Market Intelligence Group????

    11. Re:Reason? by Quadraginta · · Score: 2, Interesting

      Why would the FBI engage in such an obvious publicity stunt? Arrest someone right before they're supposed to speak before a group of hackers?

      Well, first of all so they'd know exactly where he'd be and when, which lets the operation be organized easily. You don't have to risk an unknown situation popping up and agents at the scene having to improvise, which can lead to dangerous foolishness. Secondly, they can check out the (public) venue beforehand and be certain he didn't have a gun stashed away or something like that. People regularly freak out when being arrested and do dumfuk things like try to shoot it out. If he's a PI, he's almost certainly got a weapon. Arresting someone can be a dangerous moment for all concerned. The FBI will want to minimize that.

      They'd better have some serious charges to levy against him, or else they've just shot themselves in the foot.

      Well, they can't arrest him without a warrant. So clearly they've got charges ready to file, and a judge has already been convinced he might be guilty of them. They've already told him or his lawyer what at least some of those charges are, of course, when they booked him. But whether anyone is going to tell the public is another story. He may not want to, if it's something embarassing, and the government may not want to, if there's some ongoing investigation and it would tip off other people under suspicion. The public's right to know will be satisfied at the trial, where all the charges must be made public.

    12. Re:Reason? by Bemopolis · · Score: 3, Funny
      OK, wise a**, so I spelled his name wrong: it should read Bill Cristal, consider me chastised....I just can't remember all those neocon, draft-dodgers'names....

      Plus, you misspelled it again: it's Bill *Kristol*. And he's worse than a draft-dodger -- he's a chickenhawk. Whose dad created a career for him. Hmmm...sounds kinda familiar, now that I think about it.

      Bemopolis
      --
      "I guess the moral of the story is, don't paint your airship with rocket fuel." -- Addison Bain
    13. Re:Reason? by Schraegstrichpunkt · · Score: 3, Insightful
      Well, they can't arrest him without a warrant.

      Um, the police don't need a warrant to arrest people in most circumstances. (An exception in Canada being to enter somebody's dwelling house to arrest them, but that still doesn't apply unless they guy was in his house.)

    14. Re:Reason? by dr_dank · · Score: 4, Interesting

      I attended Rambam's panel that year (sadly couldn't make it to HOPE this year). He used a service called Diogenes that had an account that would only be active for the lifespan of the panel. From what I remember, he also spoke that year during that same slot about how easy it was to get ID in different names and held up three different drivers licenses that were obtained in the same day at the same DMV (in California, IIRC). He would then pose as a university professor to lure Nazi warcriminals out of the woodwork, claiming he wanted to interview them for a project, then turn them over to the Hague.

      He always had interesting stories and much to contribute, I hope things turn out for the best.

      --
      Where does the school board find them and why do they keep sending them to ME?
    15. Re:Reason? by abaddon314159 · · Score: 5, Insightful

      Last year at Blackhat after my presentation, FBI agents showed up (without a warrent) and started making demands for the video of my presentation and all the materials related to it, I don't doubt for a second that they would have arrested me had though known ahead of time that I was actually going to give my presenation...whatever he was going to present, someone was pissed about it...

      After my experience with those clowns I have very little faith in their judgement or their respect for law...

      --Mike Lynn

    16. Re:Reason? by tomstdenis · · Score: 3, Informative

      It's the pseudonym of Eric S. Corley [iirc] the editor of 2600 magazine and host of Off The Hook [a radio show on WBAI in New York, Wednesdays at 7PM].

      And yes, he picked the name for the 1984 allusion.

      Tom

      --
      Someday, I'll have a real sig.
    17. Re:Reason? by iminplaya · · Score: 5, Interesting

      Ok, so they throw some to the wolves for the newspapers. Any reforms as a whole to the organization as a result? Aside from Freeh in your example, the rest were just caught being stupid off the job. It's still business as usual. A teeny bit worse under Bush maybe, but I don't see any real difference in their M.O. since Hoover was around. And, no I remain blissfully ignorant of the mass media's take on the matter. They only parrot what the government says. They don't DARE touch the real cause of what we are putting up with now. Certain groups are beyond all criticism. And their actions will never be reported or discussed. The last time they caused any real trouble was with the Pentagon Papers. But even after that, it's STILL business as usual. Turned out to be much ado about nothing. That, of course says more about the voters than anything else. Any attempt to report any truth just gets the media into more hot water. So it is useless to me now. It's all just more Laci Peterson fluff, which I immediately forget before I finish turning the page. Nope, the funnies are all I read now. The headlines are just flashing lights and pretty colors. I'll become interested in them when I see a real call to stand up for individual rights and freedoms. I'll be impressed when I see a call for Rumsfeld and the rest of the surviving Nixon and Reagan cabinet(Johnson's, Carter's and Clinton's too) and their European and Russian counterparts to stand beside Saddam in the trail. Or for Sharon, Shamir, and their ilk(the real untouchables) to be brought up on terrorism charges. The crooks being reported now are just being replaced with other crooks who will try to be a bit more careful about getting caught. Same ol' Same ol'.

      --
      What?
    18. Re:Reason? by dido · · Score: 2, Interesting

      Maybe the database is ChoicePoint. What Mr. Rambam is mentioning sounds suspiciously a lot like a couple of recent articles (here and here) by Greg Palast where he makes the case that ChoicePoint and companies like them have provided an outsourced service for the structure of a police state, where government oversight cannot go, and has gone so far as to call them "the private KGB".

      --
      Qu'on me donne six lignes écrites de la main du plus honnête homme, j'y trouverai de quoi le faire pendre.
    19. Re:Reason? by ArtStone · · Score: 2, Interesting

      If you took the time to RTFA (well, actually a blog), it mentions:

      "I got in contact with a spokesperson for the FBI's New York field office, who confirmed that the FBI had executed one arrest warrant without incident at around 4 p.m. ET today at the Hotel Pennsylvania where HOPE Six is behind held."

      So the FBI *DID* have a warrant which would have stated the reason for the arrest.

      Thanks for the delicious red herring.... yum....

      --
      Final 2006 "Proof of Global Warming" US Hurricane Count -> 0
    20. Re:Reason? by brunes69 · · Score: 4, Interesting

      I recall a friend who was riding in a car the driver of which was (unfortunately for him) drunk. The car was stopped by the police, who then wanted to search everyone's belongings because they were college kids and the cops suspected them of carrying weed. A cop said to my friend something like: "I'm going to look in your purse now." Possibly he put an "OK?" at the end, but it was phrased in a very statement-kind of way, no real appearance of being a question. So, being young and naive, she naturally took this as a command or random statement and passively allowed the search (thus making it quite legal). But it was actually, technically, legally, a request and she had every right to reply "why, no, officer, that won't do at all -- I do not consent to my purse being searched."

      That's easy to say in the theoretical, when you're safely tucked behind your computer keyboard.

      But in REAL LIFE, said cop would have had every ability to take her downtown and detain her up to 24 hours, *without a warrant*. Not everyone likes the idea of spending overnight in lockup.

      This is the real problem - the fact that the cops can threaten you with that without any kind of warrant. I understand that the cops sometimes need time to finish searching a dangerous offenders hosue or whatever (with warrant), but being able to hold someone who did nothing wrong, with no evidence, for 24 hours is not how things should work.

      The way it *should* work is, if the cops have a search warrant or other pending warrants against you, *then* they can hold you 24 hours. If they have none, they can hold you maybe up to 3hrs while they pursue one.

      Maybe if those were the fules you wouldn't have so many people consenting to unwarranted searches - because the threat of "OK then le's go downtown and talk abotu it" doesn't mean as much when you know you will be out of there in 3 hrs max.

    21. Re:Reason? by fotbr · · Score: 2, Interesting

      And part of the problem is people are no longer willing to be inconvenienced at all to stand up for their rights. 24 hours, 3 hours, it wouldn't matter, people will roll over anyway.

      Case in point: Police department wanted a statement from me. Did they call and ask me to come in? No. Did they show up and ask to speak with me? No. What DID they do? Show up, arrest me, haul me back to the station, and me a miranda waver THEN demanded a statement. Screw that, I'm arrested, I ain't talking. So down to county lockup I go to "teach me a lesson" (actual words from the officer). 20 hours later, I'm cut loose with an apology from the sherrif, and advice to stay away from the local police for a while since "they're pissed they couldn't bully you into talking."

      What was it all about? I was nearby an argument between one of my friends and a local officer about a parking ticket. If they'd ASKED I would have been more than happy to tell 'em what happened ("I was four cars away, in my car, with the windows up and the AC on. I saw them talking, but couldn't tell what they were talking about, then I left."). But since they arrested me, they quite effectivly shut themselves out of the information they wanted.

    22. Re:Reason? by smvp6459 · · Score: 3, Informative

      Not quite...there are three magic questions:

      "Am I under arrest?"
      "Am I being detained?"
      "Am I free to leave?"

      and two magic phrases:
      "No thank you officer" - in response to requests for search
      "If you feel you need to arrest me I understand that you need to do your job" - in response to threats of arrest

      Say you're pulled over for speeding. If you ask the cop, "Am I under arrest?" and he/she says, "No" you are still not free to leave. If you do so you will probably end up under arrest. Police do have the legal authority to temporarily detain you without affecting an arrest.

  3. Not enough info by YrWrstNtmr · · Score: 5, Insightful

    Maybe, he was being arrested on other charges, not necessarily linked to the presentation e was about to give.

    How about we wait for more info before we start screaming one way or the other.

    1. Re:Not enough info by _Sprocket_ · · Score: 3, Insightful
      Don't be a fruitcake. Given the present administration, if you don't presume they're violating civil liberties to the fullest extent possible shy of tipping over to police state, then you're a fool.


      Sorry - I am much more willing to associate "fruitcake" and "fool" with someone who is keen to presume an extreme behavior. I am even more inclined to this when the behavior is in response to someone calling for more information with which to make an informed decision.

      It's not that I'm not sympathetic to the general idea. I have little respect for this Administration when it comes to civil liberty issues. And I would suggest it is healthy to have a minimal level of distrust for anyone in an enforcement role. But not every action by a Federal agent is an automatic breach of civil liberties. Even under this Administration.
    2. Re:Not enough info by YrWrstNtmr · · Score: 3, Insightful

      Given the present administration, if you don't presume they're violating civil liberties to the fullest extent possible shy of tipping over to police state, then you're a fool.

      So, according to you, each and every time there is an arrest, it is on fully trumped up charges, and no one ever has actually done anything illegal. Right.
      Ya know...sometimes the arrested party IS actually guilty of whatever it is they were arrested for. Not saying that is the case here. I am merely saying that we don't know enough yet.

    3. Re:Not enough info by smchris · · Score: 3, Insightful

      Sorry - I am much more willing to associate "fruitcake" and "fool" with someone who is keen to presume an extreme behavior.

      So.....then. If invading a country on a lie, killing 100-140,000 of their citizens, ignoring habeas corpus and international law, promoting your personal attorney to attorney general to tell you there isn't any torture going on and adding addendums to 750+ bills Congress passes detailing what you will and will not "agree" to follow isn't extreme behavior, what is _your_ definition of when the administration will have crossed the line?

    4. Re:Not enough info by _Sprocket_ · · Score: 4, Insightful

      You're not going to bait me in to some debate about the qualifications of this Administration with a rant on various unrelated issues. Just because Federal agents are involved in this particular case, it does not mean it is acting on the specific direction of those involved in your list of much more important and larger matters.

      I'm no fan of this Administration. I am not one to defend it; I'll even agree that it has crossed the line on many issues. But if you wish to be an effective critic of this Administration, you'll have to refrain from knee-jerk reactions and get the facts. Such facts are not available in this particular case. Yet.

      I would stress that my entire point is in response to someone's emotional rant in response to another having the audacity to call for informed decisions. I suspect this Administration acts too much on gut feelings and too little on facts. I'm not keen to accept the same behavior from its critics.

  4. Stop the conspiracy posting... we know nothing yet by plasmacutter · · Score: 5, Insightful

    I've already noticed that about 60% of posts are conspiracy theories about shutting him up..

    we know nothing about the charges, and generally in high profile arrests there is a lag time between the actual arrest and the announcement of charges to the relevant media.

    Now if he just disappears after this and we hear nothing.. then ill be worried, but as of now I see absolutely no red flags here.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  5. Re:Stop the conspiracy posting... we know nothing by sgt_doom · · Score: 3, Interesting
    Actually, under Patriot Acts I & II, they no longer have to announce the charges, except years later when they are sued in civil court for using those waterboarding techniques....

    And speaking of conspiracy stuff please check out this newspaper column, then realize that the columnist that wrote this had a name change, was born and grew up in Russia, and has a long association with the Cato Institute (ostensibly a "libertarian think tank" but they normally side with the neocons on almost everything.

    If only more Americans had read the US Constitution....

  6. Kinky Friedman Character? by jspoon · · Score: 2, Interesting

    Isn't there a character named this in some of Kinky Friedman's books? I know most if not all of the major characters in The Kinkster's mysteries are based on real people but it would be wild if one of them is actually a private eye.

  7. Krebs is a moron by meburke · · Score: 2, Informative

    I've looked at a few of Kreb's columns, and he has no qualifications for writing a column on security. He's a gossip-monger with limited skills. If he could see to take pictures, he'd give papparazi a bad name.

    I suspect this article was written to "scoop" other reporters. That's the only reason I can think of for the total lack of real information. Perhaps he ought to take lessons from Steve Rambam on how get information?

    --
    "The mind works quicker than you think!"
  8. Show. by twitter · · Score: 3, Funny
    No one (at the conference) knows the reason yet. Lots of people here at the show were quite confused and suprised at the whole situation. I am sure we will know something by Monday...

    Then it's show of force. Only the Feds are supposed to play with the "stovepipes" of Carnivore and when they pay you to do it for them you need to keep your mouth shut.

    Can you say "Police State"? I voted for George Bush because he promissed me a smaller and less invasive government. This is what I got.

    --

    Friends don't help friends install M$ junk.

    1. Re:Show. by Chris+Tucker · · Score: 5, Insightful

      "Can you say "Police State"? I voted for George Bush because he promissed me a smaller and less invasive government. This is what I got."

      <Nelson Muntz>"HA-ha! You're a gullible idiot!</Nelson Muntz>

      --
      Guaranteed! This comment 100% Anthrax free!
    2. Re:Show. by kimvette · · Score: 2, Interesting

      I voted for George Bush because he promissed me a smaller and less invasive government.

      That's why I voted for him, too, and that IS what he got. To disagree with him would make you a dissident or enemy combatant. ;) Okay, it's not quite that bad but I am extremely, extremely disappointed in him, and the GOP in general. His administration is what is making me go Libertarian, which seems to be the true conservative party of today.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  9. Re:Cue the Slashbots by Lord+Kano · · Score: 3, Insightful

    Oddly enough, the FBI chose to make this move in New York City, where they knew that none of the attendees would be armed.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  10. Rambam speaking by Caffeinated+Geek · · Score: 5, Informative

    On the subject of Rambam check out previous talks given at HOPE conferences. He's a good speaker and quite interesting on the topic of information availability. He stated a couple of weeks ago in an interview leading up to this conference's talk that he had planed to do the same basic presentation at the last hope but the "victim" got cold feet at the last moment after he realized just how much information was available and threatened to sue. If you listen to the old presentations he does make a point that almost any information is available legally but it is more difficult to get it legally than illegally. I have to believe from hearing him speak several time that what he would have done for this presentation would at least to be best of his knowledge been legal.

    Four previous presentations.

    Privacy - Not What It Used To Be
    http://www.the-fifth-hope.org/mp3/privacy.mp3

    Databases and Privacy
    http://h2k2.hope.net/media/databases.mp3

    Information on the Masses with Steve Rambam.
    http://h2k.hope.net/post/panels/h2kinfo.mp3

    Info for Masses
    ftp://ftp.2600.com/pub/oth/beyondh/nfo4mses.ra

  11. Re:Stop the conspiracy posting... we know nothing by vwjeff · · Score: 2, Interesting

    I've already noticed that about 60% of posts are conspiracy theories about shutting him up..

    You must be new here.

    All joking aside if the charges are unrelated to the presentation, the timing of the arrest makes sense. I would assume that his attendance at the conference was not a secret. From the FBI's point of view it is a win win situation. You know exactly where and when a person will be and you also get the side effect of fear from conference attendees, not to mention all the media attention. Basically, don't fuck with us. We're the FBI which will not be overshadowed by a private organization.

  12. Sign Of The Times by Doomedsnowball · · Score: 2, Interesting

    I am sure that this is going to fall under the broad and sweeping legislation that has passed in recent years to combat hackers and terrorists. No doubt using a computer to commit a crime will soon be like using a gun in a crime in California: Mandatory minimum sentences that put everyone (evil and ignorant) into the same catagory and take discretion out of the hands of judges (or liberal judges at least). At least electronic voting booths are still insecure...

    --
    7h3$3 4r3n'7 7h3 Ðr01Ð$ ¥0 4r3 £00|{1n9 f0r. M0v3 4£0n9. --OB1
    1. Re:Sign Of The Times by kfg · · Score: 3, Insightful

      At least electronic voting booths are still insecure...

      Poppycock. They promised to deliver the vote for Bush; and they did. How much more security do you want than that?

      KFG

  13. Re:Stop the conspiracy posting... we know nothing by Dun+Malg · · Score: 3, Funny
    I've already noticed that about 60% of posts are conspiracy theories about shutting him up.. we know nothing about the charges, and generally in high profile arrests there is a lag time between the actual arrest and the announcement of charges to the relevant media.
    No doubt. I wonder what the slashdot headline would have been if he'd been arrested on the way to the toilet...

    Private Eye Arrested in the Middle of Waste Dumping Scheme
    --
    If a job's not worth doing, it's not worth doing right.
  14. The crimes Steve Rambam was charged with by leereyno · · Score: 4, Funny

    Ramdam was charged with impersonating a mime, mopery with intent to loiter, probity, nothosonomia, and one moving violation.

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
    1. Re:The crimes Steve Rambam was charged with by dr_dank · · Score: 4, Funny

      Ramdam was charged with impersonating a mime,

      Good thing he has a right to remain silent.

      --
      Where does the school board find them and why do they keep sending them to ME?
  15. oh, I agree by misanthrope101 · · Score: 3, Insightful
    We shouldn't judge too quickly, because the government deserves the benefit of the doubt. To presume that he's innocent would just be knee-jerk tinfoil-hat paranoia.

    We're so screwed. People like you have effectively killed the skepticism of government actions on which freedom relies. Thanks. We really appreciate all you've done.

    1. Re:oh, I agree by plasmacutter · · Score: 2, Insightful

      To presume that he's innocent would just be knee-jerk tinfoil-hat paranoia.
      We're so screwed. People like you have effectively killed the skepticism of government actions on which freedom relies. Thanks. We really appreciate all you've done.


      oh come now.. at least give the fbi a few days to say something.

      the internet generation, and i'm guilty of this too, as become accustomed to getting their stuff "now Now NOW!!!"... but that's not how stupidity and beurocracy work.

      I'm not at all saying they deserve the benefit of the doubt.. im saying the deserve the benefit of time.. just enough to offer explanations before everyone piles on them and tries to give them a black eye.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    2. Re:oh, I agree by misanthrope101 · · Score: 5, Insightful
      How long has Joseph Padilla been in jail? Have they had enough time yet? My credulity is a bit strained these days, I admit. But the current government has repeatedly claimed the authority to detain anyone, for any length of time, without having to meet any evidentiary or due process standard. If they come out with some dire claims about this arrest, you might think, "well, then there's something to this, after all," but until they present evidence, we have to assume that he's innocent. That skepticism has to be automatic and unconditional to be effective.

      Yes, I'm advocating a bit of hostility towards government actions, because the preservation of freedom requires just that. Otherwise, we start trusting government, giving them the benefit of the doubt, a bit of time, a bit more time, and eventually you do reach a state where the government can detain anyone for an indefinite length of time without needing the formality of charging them. I'm not demanding that they explain anything to me, only that I'm going to assume that he's innocent until evidence is presented at trial, and he's convicted of a crime. The mentality that considers that unreasonable is what I was criticizing. You have to give someone the benefit of the doubt, and I give mine to the accused, every time. By definition the only alternative is to give the government the benefit of the doubt.

    3. Re:oh, I agree by learn+fast · · Score: 5, Informative

      Here's another example:

      Benemar Benatta was arrested in September, 2001 after the 9/11 dragnet. The government determined he was innocent in November, 2001. He was held in solitary confinement for 6 months anyway.

      He was released... yesterday. July 22, 2006. That's right, held without charges even though he was known to be innocent for almost 5 years.

      I'm not making this up, here's the link

    4. Re:oh, I agree by sdriver · · Score: 2, Informative

      Hey dumbass... maybe you'd like to RTFA from yahoo....

      He was going to be deported for being in the country illegaly - but they "kept him in custody in Buffalo while he appealed a deportation order and renewed his quest for asylum based on a claim that, as a military deserter, he would tortured or killed if he returned to Algeria."

      Next time they should just deport without an appeal? While waiting for his asylum hearing he was jailed - as he had no Visa... makes sense to me

      While waiting (still) for his asylum request with the U.S., "U.S. officials agreed to release Benatta after the Canadian Consulate General's office in Buffalo granted him temporary residency, according to court papers filed Wednesday in New York". So now he is Canada's problem. :P

    5. Re:oh, I agree by pla · · Score: 4, Insightful

      Next time they should just deport without an appeal?

      No, "next time" they should let the matter drop once a fair trial finds someone innocent, rather than petulantly deporting the poor bastard for daring to defend himself in court.

      Same thing happened to Sami Al-Arian - A court found the DOJ's case against him basically nothing more than a trainload of cow dung, and as payback for winning, the DOJ gave him a "choice". After an innocent man had already spend almost three years in solitary confinement, he could either accept a plea on the weakest of the charges and accept another eight months plus deportation; or he could waste the next 20 years of his life, still imprisoned of course (respected professors pose a high flight-risk, dontcha know) fighthing retrial after retrial on a neverending stream of fictitious charges.


      Perhaps you consider that "fair" - Just the system working like it should... I consider that a sign that if the system "should" work like that, we need a massive overhaul of the system itself. "Justice" needs to exist as a concept that doesn't overly burden innocent people; The weak shouldn't need to accept a plea on a bogus charge because they can't afford (in time, not just money) to fight it. No one should rot in a cage for years while the government tried to scrape together enough circumstantial evidence to intimidate the defendant into a plea. And once found not guilty, people shouldn't need to watch their backs out of fear of retribution.

  16. couldn't you use google for that? by eliot1785 · · Score: 4, Interesting

    I can actually find out a heck of a lot about somebody with their name and Google. If you know power searching tips, and construct searches based on what you already find, you can find out a lot. If I had somebody's name who was a frequent Internet user, I could probably find out a fair amount of biographical information on them with a few variations on their name. Then I could search using those pieces of information as keywords and find out even more information.

    And God help you if you have a MySpace account with a wall. Then I can learn everything about your social life, including the names of your friends. Then I can look them up too and construct a whole web of information about you. ...and you can too! A lot of the information he says he found in 4.5 hours is not that impressive. Pics of his former roommates? Easy if they're Myspace or Facebook friends. Places he lived before? Check the history for his wall. Places he worked before? If he was in IT, and you can find his favorite internet screenname, you can find his postings to internet tech forums such as Slashdot, Devshed, Sourceforge, etc, complete with the details of what he was working on.

    That's just with Google. Combine that with even modest law enforcement databases and you can find out a heck of a lot about one person.

    Granted, that still scares me a LOT. I value my privacy but I feel like I don't actually have it anymore. All I'm saying is his deal is not all that unique. Or maybe I'm just The Power Google Searcher From Hell!!!!!

  17. Steve Rambam, aka Rombom is a freakin' scumbag by merc · · Score: 3, Interesting

    Read the following link about how he maliciously sued Osirusoft, the maintainer of relays.osirusoft.com after having them DDOS'd. It does not shock me to see that this asshole has ended up in handcuffs at all. He has always acted above the law. For those that remember the foonet.net story will rejoyce to see that this shithead is going to PMITA prison.

    Note that I did not say he was stupid, hence I post as AC.

    --
    It's true no man is an island, but if you take a bunch of dead guys and tie 'em together, they make a good raft.
    1. Re:Steve Rambam, aka Rombom is a freakin' scumbag by wayne · · Score: 2, Insightful

      Re-read the article. Rambam allegedly sued while the attack was going on: this is different from creating the attack.

      I agree that the parent misstated the situation and that it is highly unlikely that Steve Rambam had anything to do with the DDoS attack on Joe Jarad.

      Moreover, there is a fascinating letter at http://www.dotcomeon.com/injoewetrust.html that explains that the "DDOS" was not planned, it was the direct result of not having enough bandwidth to deal with all the DNS queries caused by the SoBig virus. The letter also explains that Mr. Joe Jared, the administrator of osirusoft.com, has been playing nasty games against the domains of quite innocent people, including poisoning the DNS for big chunks of the Internet for anyone who uses his services in a fit of pique after the DDOS.

      That site, however, is run by a well known kook. Just read the link and the other pages on that site and make up your own mind. Using phrases like "People's Republic of Kalifornia", "unbalanced anarchist", "cyberextortion clearinghouse business", are enough a clue for me, but attacks on the same website against people like Paul Vixie are other good indicators that the guy is a kook.

      Much of what is claimed on that site is highly selective and highly biased at best, and complete BS most of the rest of the time.

      So I'm inclined to think that Mr. Rambam had nothing to do with this and is simply trying to slap down an incompetent blacklist author.

      Uh, yeah, but if that was the case, Steve Rambam would have dropped the suit after Joe Jarad stopped running a DNSBL, but he didn't.

      --
      SPF support for most open source mail servers can be found at libspf2.
  18. is HOPE gone? by emagery · · Score: 2, Informative

    Every single link relating to HOPE, being hope.net (with various prefixes, etc) and those mp3 files coming off hope sites... all just ~gone~... is anyone seeing them?

    1. Re:is HOPE gone? by nutshell42 · · Score: 3, Funny

      And it's not only HOPE. The FBI or perhaps the NSA reads /. and regularly takes down the pages the stories link to. Probably to censor them as a few hours/days later their often back online.

      --
      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage
  19. Steve Rambam lost his law suit by wayne · · Score: 3, Interesting

    According to this article, he has been involved in a lawsuit against a spam blocker (his company was mistakenly placed on a spam blocklist), he has tracked Nazi war criminals, and he discovered that Elvis has Jewish ancestors.

    Steve Rambam lost his law suit against the anti-spam DNSBL run by Joe Jarad. In the process Steve lost any respect I might have had for him for other things.

    --
    SPF support for most open source mail servers can be found at libspf2.
  20. Good to see the scumbag go by Pig+Hogger · · Score: 3, Informative
    Rambam is nothing more than a lying scumbag. The moron sued Joe Jared over his spam blocklist back in 2003, and the Court basically told him to suck it.

    http://www.oretek.com/lawsuite/

  21. Rambam arrest by buss_error · · Score: 4, Informative
    Hard to comment when the reason for the arrest isn't known.

    If only for Rambam's suit against oretec and Joe Jared, I'd say it was fate balancing the scales.

    And again, this is in advance of knowing what Rambam is charged with. If it's silly, then I'll have to (yuck!) support him. If it is legitimate AND he's guilty, then I hope he gets tossed in jail and the key thrown away.

    My sense of justice doesn't allow me to not object when an injustice is done, even if it's against someone I think deserves what happens for another reason. The law must be fair and just for everyone, even if I think a particular person is a piece of human garbage.

    --
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
    1. Re:Rambam arrest by daverabbitz · · Score: 2, Insightful

      Um, assuming he isn't going down for life (or death?), then why throw away the key? How will you get him out again? An angle grinder?

      --
      What could be better than a jet powered motorcycle? http://www.youtube.com/watch?v=u8l6GTHLSWE
  22. 1984 Reference by TubeSteak · · Score: 4, Funny

    From TFA: Conference founder Emmanuel Goldstein said organizers were trying to figure out where the FBI had taken Rambam, and were contacting his parents and his lawyer.

    What's funny is that in 1984, Emmanuel Goldstein is "the Enemy of the People" after having once been a leading Party member almost at the level of Big Brother.

    If we're going to (badly) juxtapose reality with fiction, Rambam would be Winston, the guy who follows Goldstein's lead & eventually ends up arrested by agents of the Thought Police.

    (I know, the FBI != Though Police. I said it was a bad juxtaposition)

    --
    [Fuck Beta]
    o0t!
    1. Re:1984 Reference by Anonymous Coward · · Score: 5, Informative
      What's funny is that in 1984, Emmanuel Goldstein is "the Enemy of the People" after having once been a leading Party member almost at the level of Big Brother.

      It's not really funny if you know who he is. "Emmanuel Goldstein" is the founder of 2600, and that's not his real name (it's Eric Corley). The name was deliberately chosen to draw the parallels you're attributing to coincidence.

    2. Re:1984 Reference by dr_dank · · Score: 5, Funny

      Parallels between the Junior Anti-sex League and the pack of geeks in attendance don't seem coincidental either

      --
      Where does the school board find them and why do they keep sending them to ME?
    3. Re:1984 Reference by whitehatlurker · · Score: 2, Funny

      1984 called, they want their reference back.

      --
      .. paranoid crackpot leftover from the days of Amiga.
  23. Some things you can't find online by vik · · Score: 3, Insightful

    I find it ironic that the guy is arrested in front of a whole bunch of online geeks, yet nobody has managed to find the single, most pertinent bit of information: What's he been charged with?

    It appears you can't access this kind of information online.

    Vik :v)

  24. More than enough info by PopeRatzo · · Score: 2, Interesting

    Yes, you're allowed to vote, in a Diebold machine which puts your vote behind an opaque screen. You're allowed to say what you want, unless you expose an illegal government program. You're allowed to be whatever religion you want, unless you are a muslim and a certain shade of brown which means you might be held without charges indefinitely, and if the Bush Administration find out that "oops, we got the wrong guy", you are forbidden from challenging them because of "state secrets". And, Mr. God-fearing Christian, you think the family health doctors who are still being murdered by your fellow worshippers didn't "fear for their lives"? Let's see: Secret Prisons. Domestic Wiretapping. Torture. "Rendition". Presidential "signing statements" in which the executive claims the right to ignore a law. These are not things that "stand for freedom". Oh, you're free to peruse the Internet, but a record is being kept of where you go and what you see. If you don't believe there is a crisis in this nation which threatens the liberty which was so hard-won by our forefathers, you are either stupid or hopelessly hypnotized by Rush Limbaugh. Which one are you, plueken?

    --
    You are welcome on my lawn.
    1. Re:More than enough info by Enderandrew · · Score: 2, Interesting

      Let me get this straight. If you speak out against the government, you go to jail. Yet every day I read countless people speaking out against the government, and nothing happens to them.

      You say that if you are a Muslim you are jailed and tortured? Funny. There are Muslims all over this country who practice their religion freely and openly.

      You accuse Bush of being this hate monger. Personally I think he is an idiot, and I don't care for his policies but the actual FACTS of the matter is that immediately after 9/11 he preached peace, diplomacy and tolerance. He asked the American people not to judge all Muslims on the acts of a few terrorists. He urged the American public not to push for war. Arguably if he went into Iraq right after 9/11 the world would have supported it more, though for entirely the wrong reasons. People accuse him of linking Iraq and 9/11, when in fact he has publicly spoken multiple times to distance the two.

      You speak in hyperbole and lies. There is no way around it.

      Is the world perfect? No. Is the US perfectly innocent? No. However, much of the "supposed" torture is anything but. And if I were in charge, and lives were on the line, then I'd use scare tactics as well. So long as people aren't really physically harmed, then scaring prisoners with dogs, or stripping them naked is fair game in interrogation as far as I'm concerned. For those who are in engaging in ACTUAL torture, I sure hope they are prosecuted.

      And in case you missed it, we are in fact prosecuting soldiers for torture and sending their asses to jail.

      So next time perhaps look up some facts before you spew your empty rhetoric.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
  25. HOPE is gone as of this post by chocolatetrumpet · · Score: 2, Funny

    I wouldn't be surprised if everyone at the conference was arrested.

    --
    Spoon not. Fork, or fork not. There is no spoon.
  26. Re:oh, I agree (A bit OT) by TheSpoom · · Score: 2, Interesting
    Unfortunately I think the US is already there. All they need to do is associate someone with terrorism, or call them an "unlawful combatant", and they get shipped off to the US's little slice of Cuba where they don't have to follow the Constitution.

    I had an interesting debate a few weeks ago about this very subject with a friend of mine who voted for Bush in the last election. Now, that's not to say that the guy is an idiot, far from it. But he was indeed arguing that we shouldn't immediately assume someone is innocent in lieu of evidence. He did use the term 'bleeding heart' once or twice, which did somewhat disturb me as in effect he was saying that anyone who thinks terrorists should be tried fits that description. It's interesting to see, though, how this sort of thing came about; the other side's thinking, as it were.

    The United States is breaking the Geneva Conventions in Guantanamo by not treating prisoners humanely. Whether or not the prisoners are indeed unlawful combatants, they deserve humane treatment. An exerpt:

    News reports indicate that Taliban and al-Qaeda detainees will be confined at Guantanamo Bay in small cages with chain-link sides, concrete floors and metal roofs. The cages will offer scant shelter from wind and rain. Details about sanitary and hygiene facilities are not available.

    I think a lot of this is to do with the (deserved) hatred associated with terrorism by the general public. An eye for an eye, effectively; they don't treat us as humans, so why should we do the same for them? As difficult as it is for me to believe, I think there are people who think this is an adequate way of doing things. In my opinion, though, we can't lower ourselves to their level. Human rights are just that: human rights, applicable to all humans. Even if they're the scum of the earth.

    And I want to be clear here: 99.9% of people who say that these terrorists should be tried are not saying we should let them go. That seemed to be the main jist behind the aforementioned conservative friend's argument; that it would be possible that someone could be mistried, get out on a technicality, or not be proven guilty even though they were, so in order to be 100% safe we should simply detain them all and bypass the trial entirely. But even if lawyers and technicalities are the problem, we should fix those problems rather than abolishing their right to a fair trial, a right which has been guaranteed to all for hundreds of years.
    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
  27. Can you dig it? by Zaphod2016 · · Score: 3, Funny

    First they came for the Linux users, but I didn't care because I didn't use Linux.

    Then they came for the OSX users, but I didn't care because I didn't use OSX.

    Then they came for the Windows users, but by then it was too late; they were all far too stupid to help me...

    Just kidding! I'm sure the FBI will offer a fair and speedy trial. After all, it's a 6th-Amendment right guaranteed to all Americans.

    Well, almost all Americans...

  28. you're living in a pre-9/11 world, my friend by misanthrope101 · · Score: 5, Insightful
    Well, they can't arrest him without a warrant. So clearly they've got charges ready to file, and a judge has already been convinced he might be guilty of them
    Now THAT was funny. No, they don't need a warrant, or probable cause, nor does an arrest, or being in jail for any length of time imply guilt of anything. He (and you, or I, or anyone) can be arrested and held in detention as long as the federal government wants to, without any charges. They won't come out and say "we don't need to charge him, and we'll keep him as long as we want," but they consistently deny any overt checks on their power to do so. This is a slam-dunk, already-passed, fait accompli type of thing. The precedent has already been set with Padilla and a few others, and once the feds discovered that there is no formidable public outrage, it's only a matter of slowly, ever so slowly, increasing the frequency with which it is done. If you arrest 10,000 people tomorrow without charge the public would never stand for it, but if you get them used to it gradually, they'll not only support it but heap scorn and contempt on anyone who would criticize something so critical to our "safety." By gradually acclimatizing the population to detention without charge, they slowly make it normal and acceptable, and eventually the practice can expand beyond supposedly one-off "emergency" cases like Padilla or the terrorist of the week.

    The same goes for torture. Today, if you object to torture, you have to justify your position, because Gitmo and Abu Ghraib have inoculated everyone against the idea that torture is by definition wrong. Police states don't happen overnight, and as they develop into fruition, "normal people" won't recognize the status quo as a police state--it'll just be normal, a "nothing to see here" common-sense extension of what we see every day.

    1. Re:you're living in a pre-9/11 world, my friend by misanthrope101 · · Score: 5, Insightful
      Soooooo I shouldn't note concerning developments until we have a full-fledged police state? I shouldn't say "if we're not careful, we'll end up with a police state" until we do, in fact, have a police state?

      And you feel this proves the Fourth Amendment is going down the toilet? That we all should shiver in our beds because the Feds might arrest us at any moment, for no reason at all?
      Well, no. I said neither, and implied neither. What I said is, in fact, correct, and you can be arrested and held without charge as long as the government wants to hold you. If they want you to be tortured, they can have you secreted away to a prison where there is no oversight, and no accountability if you're beaten to death. I know you'd like to rephrase this as "oh my god they're killing all the babies, everywhere, without exception!" so I seem like a lunatic, instead of addressing what I'm actually saying. Your problem is that what I'm actually saying has already come to pass. You're arguing not with a lunatic describing hypothetical doomesday scenarios, but a concerned person who is worried about individual occurrences that can easily become a trend if we don't oppose them on principle.

      You see, I care about the principle, and if you care about the principle, you don't wait for x or x+500 cases, because it's wrong the very first time you see it. If that first time is met with swift correction, and the person is freed (or charged, so due process is honored), the people responsible fired or demoted, and a public committment made to due process, then no, you don't take to the streets decrying a headlong slide into tyranny. But when the President and Attorney General firmly stand by their decision, and repudiate any possible oversight over or check on this authority, then, well, yes, you moron, I'm going to be concerned.

      At what point would you consider it a legitimate concern? 10 people? 100? 10,000? The U.S. is a nation of 300 million people, and we already imprison more than anyone else on the planet, so you're going to have to give me numbers. If you've read my other posts at all, you must notice that what I'm concerned about is the slow normalization of imprisonment without trial. Every one that goes unchallenged makes it closer to normal, makes it more acceptable, and raises the bar of what we have to see before we can raise questions without being called alarmist by people like you. Torture is already normalized in the public consciousness, so when I say it's wrong, I find that I have to justify what I'm saying. The problem is that what people are willing to accept will change to fit what they've already accepted. And my friend, I'm not accepting any of it.

    2. Re:you're living in a pre-9/11 world, my friend by Quadraginta · · Score: 2, Insightful

      At what point would you consider it a legitimate concern?

      A fair question. So here's my answer.

      First and foremost, I would consider it a matter of concern if ordinary citizens had a reasonable fear of arrest and imprisonment for merely voicing their opposition in public to the actions of the government. If you were too intimidated to post what you have, then I'd worry. But as long as someone as exceedingly suspicious as you still feels free to voice his suspicions in public, I think we're safe.

      Secondly, I'd consider it worth more concern if the persons being confined were not being heard from. Padilla had top-flight legal representation, far better than I could ever afford, and his case went all the way to the Supreme Court, something normal criminal defendants can only dream of, and every twist and turn of his case was extensively covered by the media. Real police states do their dirty work in secret, at midnight, without lawyers and judges and newspapermen to pry into it, turn over every detail, and publish everything. As long as the cases that worry you are so fully exposed to the light of public inquiry that tens of millions of citizens know about them, I'm not worried.

      Thirdly, the true test of the police state is when it acts primarily to defend its own power. That means it goes after those who can provide effective alternate leadership -- opposition politicians, high-ranking disaffected military officers, former government or grassroots leaders. Stalin didn't focus his most vicious purges on mere street criminals, but on his own subordinates whom he thought insufficiently loyal, or on military officers he thought might provide alternate leadership. As long as the defendants we're talking about are lowlife scum like Padilla -- a former Chicago gangbanger who was routinely in trouble with the law and convicted of aggravated assault before he came to the attention of the Feds -- then I'm not especially worried. When the government arrests Senators Feingold or Kerry on trumped-up vague charges, or when former generals anxiously decline invitations to criticize the war effort on CNN, then I'll worry.

      Finally, the only way a police state can be sustained is a broad culture of fear and lying, like what was in East Germany, with everyone lying to each other and spying on each other. We don't have that now. We have an extremely vigorous culture of dissent that has absolutely no hesitation at confronting both real and imaginary threats to individual rights from the government. When the American public stops fretting loudly in public about its legal rights, and what the government is doing or not doing, and newspapers no longer run editorials every other week criticizing the Administration, and talking heads on the news broadcasts start being bland reporters of trivia instead of foaming at the mouth about new threats to freedom and liberty under every rock -- then I'll worry a little more.

    3. Re:you're living in a pre-9/11 world, my friend by topham · · Score: 2, Insightful


      You are aware of course that any location controlled by the U.S. Government is considered U.S. soil, right?

      That includes all military bases they operate around the world.

      Including Guantanamo Bay.

      by the way; do you actually have proof none of them were arrested in the United States? Have you verified each persons account?
      Have you talked to their lawyers? Have they lawyers talked to them?

      Oh yeah, thats right, even with a lawyer then don't necessarily have the right to talk to them.

      Never mind. We won't know until long after things are wrapped up what the truth is about Guantanamo.

    4. Re:you're living in a pre-9/11 world, my friend by Antique+Geekmeister · · Score: 4, Insightful

      Where in the world do you get the idea that "civil rights" only apply to US citizens on US soil? And since the names of the prisoners are not published and legally *cannot* be published, nor can their cases be discussed with them without fighting one's way through an incredible stonewall of "national security", how can you tell who has been arrested where or what kind of citizen they are? And given that this sort of violation of the Geneva Convention and the US Military Code of Justice is in place, how can you begin to guess what other violations of international and US law are occurring in prisons? Remember, the US has been caught deliberately shipping prisoners to countries where torture is allowed, in order to question them without prosecution or a court hearing and to obtain vital information.

      Given this behavior, and the continuing existence of illegal monitoring of our core Internet routers as described in the EFF vs. AT&T court battle, how can you have any confidence that this administration's prisoners actually committed or have even been charged with a crime? Under the Patriot Act, they don't have to be charged, and you can't even publish that you know what they're accused of in some circumstances without going to jail yourself!

  29. you can't really call all of them "suspects" by misanthrope101 · · Score: 5, Insightful

    I call them detainees, not suspects. Some are no doubt suspected of crimes, but many in Gitmo and Abu Ghraib were caught up in sweeps, or are held because they are thought to have information. Holding someone because you want to interrogate them for information isn't the same thing as holding them because you think they themselves have done or will do something bad. "Interrogation" does not address guilt or innocence, and in fact any of us can be interrogated, regardless of our guilt or innocence. Some of these people have been the victim of a Kafkaesque "six degrees of Kevin Bacon" imprisonment. They knew a guy who knew a guy who was at this place this other person might have passed through, and ergo they might know something, so we'll hold them for a while. Since there is very little oversight, very little accountability for abuse, coupled with high accountability for failing to get information, in short order we have waterboarding and people being beaten to death. Calling them "suspects" makes us feel better about not caring, because we're at least halfway implying that they might have done something, but in reality being held for interrogation doesn't even assert guilt, much less provide evidence for it.

  30. Reason for arrest (maybe) by Phucilage · · Score: 2, Interesting

    The current "rumor" going around the con is, he had an outstanding warrant in another state and his arrest was regarding that. Again, this is just what's been going around, we don't know what the real story is as of yet.

    1. Re:Reason for arrest (maybe) by ArtStone · · Score: 2, Informative

      The FBI would only make an arrest with a warrant if there was a violation of Federal Law over which they have jurisdiction.

      http://www.fbi.gov/aboutus/faqs/faqsone.htm

      The closest the FBI comes to having that power is they can ask for a Federal Arrest Warrant if the suspect has crossed state lines or attempts to leave the country to flee prosecution or confinement.

      This is the relevant FAQ question about this precise issue which seems to have fired up the anti-Bush moonbats:

      "Can I obtain detailed information about a current FBI investigation I see in the news?

      No. Such information is protected from public disclosure, in accordance with current law and DOJ and FBI policy. This policy preserves the integrity of the investigation and the privacy of individuals involved in the investigation prior to any public charging for violations of the law. It also serves to protect the rights of people not yet charged with a crime."

      --
      Final 2006 "Proof of Global Warming" US Hurricane Count -> 0
  31. 2600.com and Hope Sites are Down by JamesKelley · · Score: 2, Interesting

    Has anyone noticed that 2600.com and all Hope sites are down?

  32. good golly no by Quadraginta · · Score: 3, Informative

    Good grief, in what fascist hellhole do you live? In the United States the police can arrest you without a warrant only if they have very good reason to believe you have just committed, or or about to commit, a crime. Here and here and here are some legal references. "Very good reason" in this context means a reason that will convince a judge not only that you should have been arrested, but also that there wasn't time to get him (the judge) to sign off on it first. Judges really like to be in control, so in practise this means the police can freelance a decision to arrest in only a few well-defined situations.

    For example, the police can arrest you without a warrant if an officer has just seen you do something highly suspicious, like run out of a convenience store wearing a ski mask, with a store owner yelling "Stop thief!" in hot pursuit, or a credible witness says they just saw you commit a serious crime -- for example your girlfriend accuses you of slugging her and causing the bruises that appear on her face -- or you match the description of someone wanted for jumping bail on a multiple murder charge, or even if you've been stopped for a minor infraction, like a traffic violation, but proceed to give an obviously false name, refuse to sign the citation, and aren't carrying any valid ID, so they have no way of being reasonably sure you'll appear in Court to answer the summons.

    Can the police walk up to you at a public function, where you're doing absolutely nothing illegal, just minding your own business, and showing no indications of fleeing the country -- and arrest you without a warrant? Never.

    1. Re:good golly no by Pete · · Score: 4, Insightful
      Quadraginta:
      Can the police walk up to you at a public function, where you're doing absolutely nothing illegal, just minding your own business, and showing no indications of fleeing the country -- and arrest you without a warrant? Never.

      I'm not quite sure what to think about you. Do you live in some kind of fantasy world where police never break the law, where police never show any inclination to abuse their power just to be petty and vindictive? For fuck's sake, police are human just like the rest of us, and are (if anything) even more likely to be nasty little ethically-challenged pricks than the rest of humanity.

      "Can the police walk up to you at a public function, where you're doing absolutely nothing illegal, just minding your own business, and showing no indications of fleeing the country -- and arrest you without a warrant? Never."

      Never??? Seriously dude, you hardly need to look very far to find examples of police abusing their powers (and getting away with it). And the reason they can get away with it is because there's just not a lot you can (legally) do to stop an officer arresting you (you can hardly say "I refuse to let you arrest me, you don't have proper legal authority" and expect them to listen). And the only worthwhile option you have of fighting back (in most cases) is the risky, expensive and stressful option of a civil suit.

      And as far as actually getting police charged with an actual crime... heh, good luck with that. Police are very very well aware of how far they can go without even the slightest risk of punishment to themselves. One lovely example is exactly what happened with this guy - arresting them early on the weekend (or late on Friday), so they have to wait out the weekend before having a chance to go before a judge. And even if the judge then immediately orders the person's release, the cops can still laugh "ha, we chucked him in jail for 2-3 days for no reason at all."

    2. Re:good golly no by Quadraginta · · Score: 3, Interesting

      Whoa, dude. Take a few deep breaths.

      First off, do I think that some small minority of policemen abuse their authority, and that this needs vigorous prosecution and punishment? Do I think there's an important role for citizen oversite committees and for ACLU lawyers? Absolutely. Just the same way I'm certain a certain minority of corporate CEOs abuse their authority and screw their shareholders -- and so there's a role for FTC oversight. And a certain minority of programmers abuse their talent and write malicious viruses and spyware -- so there's a role for an FBI that goes after bad-hat hackers and puts them behind bars. And a certain minority of boyfriends beat up on their girlfriends (and vice-versa), so there's a role for domestic violence laws and the police should sometimes be arresting guys based on the mere facts that the girlfriend is cowering in fear and sporting nasty cuts on her face. We live in a world of men, not angels.

      But there is a world of difference between a minority of policeman illegally, unconstitutionally and occasionally -- e.g. in a few dozen out of the over ten million arrests yearly -- abusing their authority, and the police being able to haul people away and send them to the Gulag for no reason as a matter of state policy.

      As another poster has pointed out, when I said "never" I did not mean the police never abuse their authority. That would be as silly as saying Linux programmers never write malicious or stupid code. I meant that arresting someone as described in the article without a warrant could never be done legally, and that, therefore, it is a rare event.

      Now if you believe it is not a rare event, then I invite you to provide a smidge of proof. DoJ statistics note there are about 13 million arrests a year in the United States. Can you provide evidence that in, say, as many as 5% of those cases (e.g. for over half a million people per year) the arrests are illegal, or the person arrested suffers physical abuse while in custody? If so, let's hear it. I'd sure like to know. Because what I'm aware of now is only that occasionally the police are abusive, and the proper response is citizen watchfulness. I'm not aware that we're living in some awful Stalinist state where the police are used as an instrument of organized terror, and the proper response is armed revolt.

      If all you're saying is that the ordinary citizen is taken less seriously by the justice system than a policeman -- well, BFD. The non-programmer is taken less seriously when he says an application has a bug. The non-scientist is taken less seriously when he says the Big Bang never happened. And so on. It's human nature to take people less seriously when they aren't part of the daily picture, don't belong to the "in crowd," and maybe don't understand all the details and implications. Sucks, but there it is. Maybe the Universe is less fair then you were promised in the brochure.

    3. Re:good golly no by Schraegstrichpunkt · · Score: 2, Informative

      Good grief, in what fascist hellhole do you live?

      Canada.

      In the United States the police can arrest you without a warrant only if they have very good reason to believe you have just committed, or or about to commit, a crime. Here and here and here are some legal references. "Very good reason" in this context means a reason that will convince a judge not only that you should have been arrested, but also that there wasn't time to get him (the judge) to sign off on it first.

      No, you're exaggerating the requirements. The links that you referred to say nothing about a requirement "that there wasn't time to get him (the judge) to sign off on [an arrest] first". This one makes it abuntandly clear (emphasized and annotated):

      A police officer may arrest you if he has an arrest warrant. An officer may not arrest you without a warrant unless it is reasonable for him to believe that a crime has been committed and that you are the person who committed it. [FULL STOP] This reasonable belief is called probable cause. Probable cause cannot be based on a hunch, a surmise, or a guess. Probable cause exists only if the facts and circumstances known to the officer would warrant a reasonably prudent person to believe that a crime has been committed and that you committed it.

      If you are in your home, you have an additional layer of constitutional protection. Probable cause alone is not enough to allow a police officer to enter your home for the purpose of arresting you. The general rule is that an officer needs a warrant to enter your home for the purpose of arresting you. But there are important exceptions to that rule which are too complicated to discuss on this tape.

      If the police establish resonable grounds to believe (not just suspect) that you murdered your neighbour, they can arrest you without a warrant at the grocery store, a conference, or any other place except your home. Even then, I suspect (based on the wording used above) that they can arrest you in your home, if you voluntarily allow them to enter your home (for example, if your wife calls the police because you're beating her).

      It's mostly the same in Canadian Law (using the canlii.org link because the government site is down). I'll let you read that link on your own, but here are a few pointers for readers from the U.S.:

      • "Indictable offences" are similar to felonies (although you don't lose the right to vote in Canada if you're convicted of an indictable offence.)
      • "Summary offences", or more formally, "offences punishable on summary conviction" are similar to misdemeanors.
      • Police officers are "peace officers".
      • "Criminal offences", I think, are offences listed in the Criminal Code of Canada, but I haven't checked this.
      • Section 553 of the Criminal Code lists a bunch of offences for which the provincial courts have absolute jurisdiction.

      One thing to note about the Canadian law, however, is this clause, which might have applied to this particular case if it were in Canada:

      2) A peace officer shall not arrest a person without warrant
      ...
      in any case where

      (d) he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to

      (i) establish the identity of the person,
      (ii) secure or preserve evidence of or relating to the offence, or
      (iii) prevent the continuation or repetition of the offence or the commission of another offence,

      may be satisfied without so arresting the person, and

      (e) he has no reasonable grounds to believe that,

  33. so when exactly do we close the barn door? by misanthrope101 · · Score: 5, Insightful
    By the time your conditions are met, it would be too late. If I knew a guy who used the word "nigger," and talked a lot about "state's rights" and "people not knowing their place," I'd publicly shame him and make every effort to call him out. What I wouldn't do is blow him off just because I haven't seen him lynch anyone. I know what the code words are, what the core ideas are for that worldview, and they aren't that hard to spot. Similarly, we know what the core structures of totalitarianism are: imprisonment without trial, torture, secret prisons, and so on. Just as I know someone's a racist even if they haven't lynched anyone, I know the roots of totalitarianism, even if we don't live in the society you describe in your post.

    I'm not saying that we should man the barricades and break out the ammo, only that we have a responsibility to not let it get to that point before we say, "hey dammit, this is wrong." This is where the battle is, for the most part--with words. Ideas and principles matter. What we are willing to tolerate changes to accomodate what we've already tolerated, because we largely can't admit that we looked the other way. If we tolerate it on the small scale, what moral argument do we make to oppose the exact same practices on the large scale?

    We have to recognize wrong and raise bloody hell about it, if only via a few posts on a lame blog or in a conversation over the water cooler at work. I'm not an activist, but when I speak up, here or in real life, it may give confidence to someone else who has been quietly thinking "you know, this doesn't look right." If I'm silent, that one quiet little voice caves into the raucous majority and eventually they don't have any doubts that it's okay for Padilla or anyone else to rot away in jail without the "privelege" of a trial. A voice of dissent, one who brings up the ideals we all ostensibly believe in, is more important than you think. If I followed your lead, I'd wait until no voice was possible. What do you want me to do, wait until I'm being herded into a black van with a hood over my face to cry out "golly, this is wrong?"