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College Police Think Using Linux Is Suspicious Behavior

FutureDomain writes "The Boston College Campus Police have seized the electronics of a computer science student for allegedly sending an email outing another student. The probable cause? The search warrant application states that he is 'a computer science major' and he uses 'two different operating systems for hiding his illegal activity. One is the regular B.C. operating system and the other is a black screen with white font which he uses prompt commands on.' The EFF is currently representing him."

804 of 1,079 comments (clear)

  1. sure it is by platypussrex · · Score: 5, Funny

    This would be funny except it's scary instead . . .

    1. Re:sure it is by Anonymous Coward · · Score: 5, Funny

      What's scary about it. The Police are merely guarding our rights and preventing any of those terrifying terrorist hacker nazi communist muslims from setting off a dirty bomb and infecting us with anthrax.

      Don't you feel that giving up a few freedoms is worth the security that the Boston College Campus Police can give you in return?

    2. Re:sure it is by GNUbuntu · · Score: 5, Interesting

      Not to mention the fact that Boston College's Research Services runs it's own Linux cluster: http://www.bc.edu/offices/researchservices/cluster.html. zOMG TEH CRIMINALS!

    3. Re:sure it is by Wonko+the+Sane · · Score: 5, Funny

      We might as well give up. The country is lost. If you can't beat 'em - join 'em.
      Repeat after me:

      Four legs good - two legs bad
      Four legs good - two legs bad

    4. Re:sure it is by Red+Flayer · · Score: 4, Insightful

      Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?

      Seriously, I'd love to be able to read more info on this... without knowing all the evidence presented to get the warrant, it's a little silly to say that his use of multiple PCs and Linux was enough for the judge to have granted the warrant.

      Most likely, the reason those items were brought up as evidence for the warrant is so that the warrant would cover the devices in question -- to justify action bigger than just reviewing his account history on the BC networks.

      If he was a suspect for some other reason, wouldn't it make sense that the police would have reason to search his multiple devices?

      I think the EFF does a lot of good things -- but their PR blurbs tend to leave out enough critical info that I am beginning to dismiss them out of hand.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    5. Re:sure it is by cbiltcliffe · · Score: 1

      The motion should be granted, the police involved should be suspended without pay while investigated, and the judge who rubber-stamped the warrant should be fired.

      Sound reasonable?

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    6. Re:sure it is by Gabrill · · Score: 5, Funny

      It was one time, and consensual! * This is a joke, and in no way represents an actual occurrence.

      --
      Always going forward, 'cause we can't find reverse.
    7. Re:sure it is by MightyMartian · · Score: 5, Insightful

      And I'm sure, before Linux, they were running other evil black-screened operating systems with blinking cursors.

      You've gotta wonder if these cops ever made it to high school, let alone college.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    8. Re:sure it is by theGreater · · Score: 2, Insightful

      This would be funny except it's scary instead ...

      Also, sad. F'r instance, http://images.google.com/images?q=windows+powershell&imgcolor=black&imgsz=med

      I will now translate "I hate what I fear, and I fear what I don't understand. Unfortunately I don't understand you, so now I'm going to take all your stuff and fish around with impunity until something is found with which to hang you."

    9. Re:sure it is by Anonymous Coward · · Score: 2, Interesting

      Sadly, I think we're at the point in that tail where they switch to "Four legs good - two legs Better!"

    10. Re:sure it is by Amouth · · Score: 1

      But the fact that it says he uses 2 operating systems to hide his activity.. and only explaining the text prompt command based OS.

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    11. Re:sure it is by Shakrai · · Score: 5, Funny

      Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?

      Yes, actually it is surprising. Anybody who has ever seen 24 knows that terrorists and the Government both rely on a single GUI interface for everything from tracking motor vehicles to taking over nuclear power plants.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    12. Re:sure it is by The+Empiricist · · Score: 5, Informative

      It's not as scary if you read the application for search warrant instead of the slashdot headline. The detective who filed the application had interviewed the suspect's roommate, who said that, among other things, he had "observed [the suspect hacking] into the B.C. grading system that is used by professors to change grades for student," that he suspected the suspect of damaging his brand new computer, and that the suspect had posted a fake web site profile of the roommate. Other evidence, such as network reigstration information, supported the detective's belief that the suspect had engaged in at least some of the alleged activities.

      The evidence needed to show plausible cause for a search warrant is very low, but it certainly isn't as low as merely using a Linux operating system. This search warrant is not evidence that the sky is falling.

    13. Re:sure it is by Shakrai · · Score: 5, Insightful

      But the fact that it says he uses 2 operating systems to hide his activity

      If they think dual-booting is "hiding illegal activity" I wonder what they'd think of full disk encryption?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    14. Re:sure it is by GMFTatsujin · · Score: 4, Funny

      They'd hit him with a five dollar wrench over and over until he confessed his encryption crimes.

    15. Re:sure it is by sed+quid+in+infernos · · Score: 5, Informative

      I think the EFF does a lot of good things -- but their PR blurbs tend to leave out enough critical info that I am beginning to dismiss them out of hand.

      Good call. The warrant affidavit goes into some detail about the alleged crimes. The informant is not anonymous and had provided credible information for other investigations. That is generally enough to meet the fairly low burden of probable cause.

      Certainly, there's a lot there for a defense attorney to attack. For example, the person whose property was searched has allegedly played a prank on the informant. That goes to credibility at trial, though, not to whether the informant can provide evidence sufficient to make out probable cause.

    16. Re:sure it is by 3dr · · Score: 4, Insightful

      For many of them, including municipal police, no, I don't wonder at all.

    17. Re:sure it is by meadowsoft · · Score: 4, Funny


      I am the Command Line Interface Terrorism Master!!!
      </JAY>

    18. Re:sure it is by cyphercell · · Score: 3, Informative
      --
      Under the influence of Post-Cyberpunk Gonzo Journalism
    19. Re:sure it is by jgtg32a · · Score: 3, Funny

      He would have had an "accident" already

    20. Re:sure it is by mr_mischief · · Score: 4, Insightful

      Security is the title of this one.

    21. Re:sure it is by Daimanta · · Score: 4, Funny

      "* This is a joke, and in no way represents an actual occurrence."

      This is Slashdot, we know.

      --
      Knowledge is power. Knowledge shared is power lost.
    22. Re:sure it is by Anonymous Coward · · Score: 4, Insightful
      http://en.wikiquote.org/wiki/Benjamin_Franklin

      They that can give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.

      They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.

      Those Who Sacrifice Liberty For Security Deserve Neither.

      He who would trade liberty for some temporary security, deserves neither liberty nor security.

      He who sacrifices freedom for security deserves neither.

      People willing to trade their freedom for temporary security deserve neither and will lose both.

      If we restrict liberty to attain security we will lose them both.

      Any society that would give up a little liberty to gain a little security will deserve neither and lose both.

      He who gives up freedom for safety deserves neither.

      Those who would trade in their freedom for their protection deserve neither.

      Those who give up their liberty for more security neither deserve liberty nor security.

      ...because it cannot be said enough

    23. Re:sure it is by MozeeToby · · Score: 4, Insightful

      Please tell me that someone else here actually read the full warrant. The kid is accused of harassment, theft, and copyright infringement. His use of Linux is tied only to claims that he encrypts people's hard drives for them so that copyrighted material can't be easily scanned for (which, as far as I know, isn't illegal).

      There is actually a pretty significant amount of evidence for these claims, especially the harassment claims. Two of the accused computer's were used (according to network logs) to send the harassing email. The only computer on the entire campus network to access the site used to set up the harassment was registered on the network as belonging to the accused. Is it enough to convict someone? Probably not by itself. Is it enough to get a warrant? I would say so.

    24. Re:sure it is by Anonymous Coward · · Score: 5, Funny

      Make no mistake, campus security has always been afraid of the C.L.I.T. and any C.L.I.T. based activities.

      In fact, C.L.I.T. usage is on the rise in colleges around the globe, and there are rumors that even girls are starting to utilize the C.L.I.T.

      Luckily, some campus security teams are starting to employ the Defense Intercept Command Kernel (D.I.C.K.) to keep C.L.I.T. in it's place.

    25. Re:sure it is by legirons · · Score: 3, Funny

      Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?

      Yes, actually it is surprising. Anybody who has ever seen 24 knows that terrorists and the Government both rely on a single GUI interface for everything from tracking motor vehicles to taking over nuclear power plants.

      Ahem...

    26. Re:sure it is by unifyingtheory · · Score: 1

      Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?

      For a second I thought you were making a joke about security being afraid of the CLIT..

    27. Re:sure it is by dirk · · Score: 2, Insightful

      Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?

      Is this a tiny offshoot of the Linux Advocates Buying Internet Ads movement?

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    28. Re:sure it is by boaworm · · Score: 4, Insightful

      Yes, you can learn a lot of things from 24!

      Today I learned that, by vectoring two aircraft so that their paths cross at some point, they will instantly be sucked into the same spot and explode outside the White House. Somehow they even managed to disable the onboard TCAS system, being a closed system thats quite impressive!

      All this of course made possible by the "CPI device" that can bypass the one and only firewall that the whole US has to protect ALL its critical infrastructure.

      It can also jam radio waves from hundreds of miles away between different aircraft, from hundreds of kilometers away. I think Jack Bauer is in for trouble this time!

      --
      Probable impossibilities are to be preferred to improbable possibilities.
      Aristotele
    29. Re:sure it is by cayenne8 · · Score: 5, Insightful

      Since when is it against the law to post to a mailing list (or any forum) that someone is gay?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    30. Re:sure it is by esocid · · Score: 1

      guess I'm 3/2 more guilty since I triple-boot???

      --
      Absolute power corrupts absolutely. indymedia
    31. Re:sure it is by LordKazan · · Score: 1

      LABIA? nice acronym :D

      --
      If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
    32. Re:sure it is by kheldan · · Score: 1

      If they think dual-booting is "hiding illegal activity" I wonder what they'd think of booting from a Fedora Core Live CD?

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    33. Re:sure it is by couchslug · · Score: 1, Funny

      "Command Line Interface Terrorism?"

      You are my Acronym God.
      I e-genuflect before thee.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    34. Re:sure it is by Bakkster · · Score: 3, Insightful

      The question is what their other evidence is. Obviously, using command line is not "probable cause" for doing anything. I honestly don't think this was their primary concern. They say he's being charged with unauthorized access to a computer or network. Assuming that the college has very strict rules on how you can connect to their network (only from one machine, only from your own user name, etc), using linux could circumvent their system. Intentionally or otherwise, I think that this is the real tragedy: that him using a number of devices was enough to bring a charge of unauthorized access to a computer and confiscation of his devices. All of this assuming that he wasn't doing anything illegal after all, of course...

      --
      Write your representatives! Repeal the 2nd Law of Thermodynamics!
    35. Re:sure it is by stoned_hamster · · Score: 1

      full disk encryption

      What will they think of IM services?

      --
      Smoking cures cancer. Smoking also cures stupidity. check darwinawards . com for some stupid stuff
    36. Re:sure it is by megamerican · · Score: 4, Informative

      This search warrant is not evidence that the sky is falling.

      Not in this case but news like this is becoming very commonplace.

      If you are aware of the Missouri MIAC documents or the Virginia Terrorism threat assessment document then you know that law enforcement are basically being trained to think you are a possible terrorist unless you do nothing but sit at home and watch televison all day.

      --
      If you have something that you dont want anyone to know, maybe you shouldnt be doing it in the first place -Eric Schmidt
    37. Re:sure it is by hardburn · · Score: 2, Funny

      Seriously, I'd love to be able to read more info on this... without knowing all the evidence presented to get the warrant, it's a little silly to say that his use of multiple PCs and Linux was enough for the judge to have granted the warrant.

      It wasn't. Apparently, it was calling another student gay on a mailing list that did it. This is the sort of stupid that can only come out of Boston, Florida, Alaska, and Alabama.

      Also, I'd like to take this opportunity to inform everyone that CowboyNeal is a total homo, and I have several strange computers in my house where I could be hiding information.

      --
      Not a typewriter
    38. Re:sure it is by 0100010001010011 · · Score: 1

      Sounds like he had a pimp setup:

      Dell computer w/white cover and gray trim. All objects capable of storing digital data in any form, including but not limited to central processing units ,optical scanners, digital cameras , modems, routers, memory sticks, thumb or usb drives, firewalls, tapes, zip drive disks digital video disks, printers, operating systems, application program disks, software, hardware, cd-roms, computer access codes, passwords, and/or protocols all manuels[sic], books, brochures all evidence of ******

      I mean. I love storing my family photos in the form of my firewall.

    39. Re:sure it is by Kozar_The_Malignant · · Score: 1

      Mine had a blinking, green cursor and was, therefore, good. It was the white and amber cursors that were evil.

      --
      Some mornings it's hardly worth chewing through the restraints to get out of bed.
    40. Re:sure it is by OolimPhon · · Score: 3, Insightful

      When it's libelous or slanderous?

    41. Re:sure it is by Hurricane78 · · Score: 5, Funny

      Try that with me. I would have wrecked the keyfile device before they could get trough the door. Then even I could not give them a password.

      And about hitting me until I confess things I did not do. Well, in such cases, I switch on some kind of "crazy mode". I hit myself, laugh at their faces, put off all my clothes, twitch crazily. All that shit. Until their inability to understand me would start to become plain fear, and they would send me off to some doctor. From there I would get out.
      Also, If I could, I would take some weird pill that would make this an even better show.

      Don't fuck with me. You don't know what I have seen in my life! I can rip your whole reality apart in seconds.

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    42. Re:sure it is by LordKazan · · Score: 2, Funny

      I heard were being sought by People for the Eradication of Numbskull Internet Sneaks.

      --
      If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
    43. Re:sure it is by RogueSeven · · Score: 1

      There is no need to fear CLIT, especially on college campuses.

    44. Re:sure it is by Estanislao+Mart�nez · · Score: 2, Informative

      Other evidence, such as network reigstration information, supported the detective's belief that the suspect had engaged in at least some of the alleged activities.

      Yup. Pages 6 and 7 of the search warrant application go into this quite clearly. For example:

      • IP address from GMail email headers points back to the residence hall where the suspect lives.
      • The IP address was tied to a computer registered under the name "bootleg-laptop". There is record of the suspect in the past having registered a computer under that name.
      • The email had a screenshot of the fake profile to a gay site. Examination of network and DNS logs revealed that only one computer in the residence hall had accessed the website where the fake profile was set up, for the five days previous to the mass email. This IP address was registered to the suspect.

      Why the hell is the EFF on this case? Who the hell do they actually expect will believe what they're saying? How can they issue that press release with a straight face, when the supporting documents that they attach trivially disproves them? It's, like, as if the EFF was staffed by Slashdot editors!

    45. Re:sure it is by Yold · · Score: 4, Insightful

      still should be a tort crime (civil), rather than a police matter. Regardless of whats said, can't go to college? Become a cop! You'll be a big man then.

    46. Re:sure it is by Jason1729 · · Score: 1

      Prediction for next week,

      Four legs good - two legs better.

    47. Re:sure it is by CarpetShark · · Score: 1

      If they think dual-booting is "hiding illegal activity" I wonder what they'd think of full disk encryption?

      That's easy. "It's not working. Someone needs to fix it."

    48. Re:sure it is by Anonymous Coward · · Score: 4, Insightful

      Simple. I'd shoot you, write up the report, then move on.

      Suspect became violent when questioned....

    49. Re:sure it is by OeLeWaPpErKe · · Score: 4, Informative

      Perhaps it's simply ... true ? It would be quite an effective technique.

      I "know someone" who uses a VM to play games at work. Works great. None of the managers knows how to mount the volume, or use rescue disks, and to boot up normally it requires a password. Many VM software comes with a convenient "boss key".

    50. Re:sure it is by Anonymous Coward · · Score: 1, Funny

      Tale. Though tail was an appro typo given the subject.

    51. Re:sure it is by PunditGuy · · Score: 5, Insightful

      Police don't come knocking on your door for slander. Lawyers do.

    52. Re:sure it is by Jason+Earl · · Score: 1

      Exactly, after reading that document I am ashamed of the EFF. Clearly the search warrant had almost nothing to do with the fact that the person in question used Linux.

      I use nothing but Linux, and if I was asked to grant that search warrant I certainly would.

    53. Re:sure it is by VGPowerlord · · Score: 1

      If they're afraid of CLIT, are they also afraid of Windows Oracle Machine Entry Nodes?

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    54. Re:sure it is by 0100010001010011 · · Score: 4, Interesting

      Not to mention the amount of damning evidence against the kid. They have DHCP leases of when the mass email went out to the school.

      Roommate problems. One roommate sends out a mass-email to campus saying other roommate is 'gay' and coming out. It all sounds like a sophomoric prank using computers instead of posters, fliers, etc.

      It also alleges that back when the roommates were 'friends' hacker dude put a second account on roommates computer while fixing it.

      Half paranoia on some accounts, but for the most part most accusations sound plausible.

    55. Re:sure it is by MillionthMonkey · · Score: 5, Funny

      Obviously, using command line is not "probable cause" for doing anything.

      Yes it is, if you're giving commands to destroy public infrastructure. By the time he was arrested, the machine had already reported a broken pipe.

    56. Re:sure it is by lymond01 · · Score: 1

      Gosh, the defendant sounds like...

      Okay, one of you needs to 'fess up!

    57. Re:sure it is by DragonWriter · · Score: 1

      The evidence needed to show plausible cause for a search warrant is very low

      "Probable cause", not "plausible cause"; see U.S. Constitution, Amendment IV:

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    58. Re:sure it is by HangingChad · · Score: 1

      Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?

      I can't wait until the cops try putting their forensic disks designed for Windows in the drive. Why isn't it working?

      Bang the rocks together to make a spark, zippy.

      --
      That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    59. Re:sure it is by skulgnome · · Score: 2, Funny

      I am the C.L.I.T. Commander!

    60. Re:sure it is by Jaysyn · · Score: 1

      Where I live, cops have to have at the very least a Bachelor's degree, preferably in criminal justice.

      It's scary how dumb a lot of college grads are though.

      --
      There is a war going on for your mind.
    61. Re:sure it is by GNUbuntu · · Score: 3, Informative

      An email can not be slander by slander's very definition. Slander has to do with spoken words not writings.

    62. Re:sure it is by SatanicPuppy · · Score: 1

      When I went to school we got our email using mm from a Solaris command line. Later they upgraded all the way to Pine. If you wanted to change your preferences you had to learn to edit your .profile.

      Stupid cops.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    63. Re:sure it is by Lord+Apathy · · Score: 1

      You think you are guilty, hell I have almost a dozen VM running different versions of linux and even some with encrypted filesytems. They would just shoot me right then and there.

      Fucking pigs.

      --

      Supporting World Peace Through Nuclear Pacification

    64. Re:sure it is by gandhi_2 · · Score: 1

      They must be the leadership cell of the Beowulf terrorist organization.

    65. Re:sure it is by S7urm · · Score: 1

      DUDE!

      Command Line Interface Terrorism?!?!?!

      Does that mean the leader of the terroists is the c.l.i.t commander?? ............awesome

      --
      "This is the value of a summer spent and a winter earned"
    66. Re:sure it is by fishbowl · · Score: 3, Insightful

      >Simple. I'd shoot you, write up the report, then move on.

      Right, a college campus police officer shoots a student who is in your custody, being investigated for some completely nonviolent civil question.

      You wouldn't simply "move on."

      It would end your career, starting with you being kicked out of your criminal justice program or whatever you're doing there.

      --
      -fb Everything not expressly forbidden is now mandatory.
    67. Re:sure it is by JoshDM · · Score: 2, Funny

      "Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?" I hear with campus security it's not fear of, but just generally having a tough time locating it in the first place.


      mods encouraged to re-read a few times before modding down... :D

    68. Re:sure it is by Chyeld · · Score: 5, Insightful

      The actual quote and 'other evidence' are courtesy of the student's roommate, with whom he apparently doesn't get along with and had attempted to turn him in previously as having a stolen college laptop.

      Reading the actual warrent request is a hoot.
      http://www.eff.org/files/filenode/inresearchBC/EXHIBIT-A.pdf

    69. Re:sure it is by mackyrae · · Score: 5, Funny

      Yeah well, good thing my terminal has a pink background with black text. Pink is proof that anything I do in my shell is legal.

      --
      look! it's a bird, it's a plane, it's....a girl? yes, a girl browsing Slashdot on Linux
    70. Re:sure it is by GNUbuntu · · Score: 1

      Where I live, cops have to have at the very least a Bachelor's degree, preferably in criminal justice.

      It's scary how dumb a lot of college grads are though.

      There's no need to be a college grad. You can get one of those degrees with minimal effort from ITT Tech or any number of the other diploma mills of its ilk.

    71. Re:sure it is by theNetImp · · Score: 5, Funny

      Apparently becoming a campus cop was the only way they were going to make it to college.

    72. Re:sure it is by Archr5 · · Score: 1

      Agreed, if the dude who "got outed" filed all these complaints after the "outing" went down every single allegation is suspect. Doesn't make them false, but it does make them suspicious.

      Also this article couldn't be more inflammatory if it tried. The warrant is repeating allegations made by the dude who got outed, the piracy, the hacking, the "use of two OSes to cover his tracks"
      And, the warrant request (which is all we have to go on) doesn't even say Linux... it just lists a prompt based Operating System... for all that cop knows it might be DOS...

      everything in the text of this post after "The probably cause?" is intentionally misleading and inflammatory. there is a Laundry list beyond those minor details..

    73. Re:sure it is by SatanicPuppy · · Score: 2, Informative

      In case you missed the reference: Jay and Silent Bob Strike Back!
      *Second quote down
      **probably a lot of profanity on that page

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    74. Re:sure it is by Travelsonic · · Score: 1

      Questioner became violent during interrogation, an you think you'd win if somebody you interrogated this way fought back? Go rot somewhere else, trollbag.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    75. Re:sure it is by davester666 · · Score: 1

      It is if you do it from a computer running Linux.

      --
      Sleep your way to a whiter smile...date a dentist!
    76. Re:sure it is by Hurricane78 · · Score: 1

      Isn't not getting the CLIT the whole reason for all that power-grabbing bullshit?
      Because then, I think women chose wise. :)

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    77. Re:sure it is by oldhack · · Score: 1

      "I think the EFF does a lot of good things -- but their PR blurbs tend to leave out enough critical info that I am beginning to dismiss them out of hand."

      If EFF can't even win over slashdot crowd, they must be doing it really really wrong.

      --
      Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    78. Re:sure it is by eeek77 · · Score: 1

      Dude, they've already dismantled the CPI device. It's bioweapons now.

      Get with it.

      Sorry for the spoiler.

    79. Re:sure it is by theNetImp · · Score: 1

      wouldn't that mean he's gay?

    80. Re:sure it is by Deathdonut · · Score: 5, Informative

      The concern isn't that he committed libel (crime) by sending out email to a list of people that outed the informant by linking him to a gay personal ad that he probably created (fraud). The problem is that he a suspect in several other crimes including a stolen laptop as detailed in the motion to quash:

      http://www.eff.org/files/filenode/inresearchBC/CalixteMemSupport.pdf

      While there is probably quite a bit for the defense to attack in how this warrant was obtained, my biggest concern is how it was handled. I suspect the following description is more common than we would like to know:

      "... seized, among other things, Mr. Calixte's cell phone, his iPod, computers, disks, and "postit" note on which Calixte was in the process of taking notes about the officers' actions during the search. Christopher left a Property Receipt with Mr. Calixte listing items seized during the search. (Kessel Decl. Ex. C.) The seized post-it note does not appear on that receipt."

      That's the type of bullying that makes me sick.

    81. Re:sure it is by Jaysyn · · Score: 1

      No, around here at least it has to be a real accredited college. My step-brother is a jailer at the county lock-up & I learned all this stuff during his application. Pretty sure ITT doesn't do criminal justice anyhow, but I could be wrong.

      Hell, ITT & ACT will still set you back quite a bit if you're a dumb kid & decide to go that route, I have friends that are still paying off loans from those places.

      --
      There is a war going on for your mind.
    82. Re:sure it is by MightyMartian · · Score: 5, Funny

      Yeah well, good thing my terminal has a pink background with black text. Pink is proof that anything I do in my shell is legal.

      I think my roommate is a gay terrorist...

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    83. Re:sure it is by MindVirus · · Score: 1

      Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?

      Yes, I see it now...

      College Freshman Accused of Entering CLIT

    84. Re:sure it is by phreakincool · · Score: 1

      Methinks that definition was made before email was around.

    85. Re:sure it is by Niris · · Score: 2, Insightful

      Until you hear about the viruses they upload.

    86. Re:sure it is by poetmatt · · Score: 1

      Only if they are using Genuine Architecture Yuppies to program with.

    87. Re:sure it is by pnuema · · Score: 1
      I think the EFF does a lot of good things -- but their PR blurbs tend to leave out enough critical info that I am beginning to dismiss them out of hand.

      Agreed. This is the second press release the have made in two weeks that was completely over the top.

    88. Re:sure it is by GNUbuntu · · Score: 1

      Pretty sure ITT doesn't do criminal justice anyhow, but I could be wrong.

      You would be wrong. They advertise the degree all the time in their commercials.

    89. Re:sure it is by bytethese · · Score: 2, Insightful

      How can it be libelous or slanderous if it's true? It says he outed him, not accused of being gay when he is indeed straight...

    90. Re:sure it is by cayenne8 · · Score: 2, Informative
      "Methinks that definition was made before email was around."

      So, there was no written word before email??

      :)

      They did have the equivalent of paper and pen back then. I think the printing press was in use near about then too when they wrote the laws on slander.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    91. Re:sure it is by Altus · · Score: 5, Informative

      email would be libel, for words in print, just like in a newspaper.

      Slander is for spoken words.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    92. Re:sure it is by platypussrex · · Score: 1

      No, there is a different tort for written material. Slander must be spoken. An action might lie for libel, but not slander.

    93. Re:sure it is by Enderandrew · · Score: 2

      There are those that consider electronic communication slander, because libel doesn't cover it in many states.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    94. Re:sure it is by The+Empiricist · · Score: 2, Insightful

      "Probable cause", not "plausible cause"; see U.S. Constitution, Amendment IV

      You're right...although the courts have interpreted the burden of proof needed for probable cause to be so low that it could almost be called plausible cause. Of course, for seizing and holding onto equipment like this, the evidence showing probable cause should not be trivial. I think that's why the EFF supporting memorandum makes a big deal about the burden placed on the suspect given that he does not have access to his laptop, his cell phone, and other personal items.

    95. Re:sure it is by Erikderzweite · · Score: 4, Insightful

      So? We'll blame the technology and not the human? Do you suggest that we'll treat any user of said technology as guilty until proved innocent?
      Sorry if I failed to spot irony in your post.

    96. Re:sure it is by fishbowl · · Score: 1

      It is funny, because the guy is acting as if the cops being pinheads is going to amount to a defense at trial.

      This story would be scary if there wasn't sufficient cause to execute the warrant, console mode or no console mode.

      What would be scary, would be police refusing to execute a properly issued warrant for any of the reasons being discussed here.

      --
      -fb Everything not expressly forbidden is now mandatory.
    97. Re:sure it is by Kindaian · · Score: 1

      Specially when you buy those on the next shop!!! ;)

    98. Re:sure it is by Fulcrum+of+Evil · · Score: 4, Informative

      that's why people use the general term 'defamation'.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    99. Re:sure it is by luder · · Score: 1

      * This is a joke, and in no way represents an actual occurrence.

      That's what she said!

    100. Re:sure it is by Enderandrew · · Score: 1

      Even worse, according to Die Hard 4, you can hack the entire nation with a cell phone.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    101. Re:sure it is by GNUbuntu · · Score: 1

      [Citation required]

      Any code on libel I've ever seen covers electronic communications as well as traditional written medium.

    102. Re:sure it is by overzero · · Score: 1

      Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?

      I'm just surprised they managed to find the CLIT.

    103. Re:sure it is by TheBig1 · · Score: 1

      Whoosh!

    104. Re:sure it is by Enderandrew · · Score: 2, Informative

      Most libel laws were written before the internet and make no accommodation for the internet. When the laws specifically stipulate the printed word, and given that the internet is not printed, libels laws do not cover the internet in most states I've seen. But what would I know? I only work for a newspaper and took two years of journalism classes.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    105. Re:sure it is by Erikderzweite · · Score: 1

      What will they think of IM services with encryption?

    106. Re:sure it is by DrgnDancer · · Score: 2, Informative

      That's not a Bachelor's degree, it's either an associates degree or a technical certification depending on the program and the amount of time spent in the program. You can, I will grant you, get a BA in criminal justice from the University of Phoenix, but that is an accredited university. Not a good one, but an accredited university.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    107. Re:sure it is by Fulcrum+of+Evil · · Score: 1

      Time to save up for that 98B...

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    108. Re:sure it is by Jah-Wren+Ryel · · Score: 1

      Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?

      I think they really need to lick the problem of Command Line Interface Terrorism. Fortunately they are likely to find many willing recruits among the general population and probably a 100% recruitment rate among lesbians.

      --
      When information is power, privacy is freedom.
    109. Re:sure it is by M-RES · · Score: 2, Funny

      I'm glad to see somebody's thinking of the children! :D

    110. Re:sure it is by Reverend528 · · Score: 1

      Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?

      I'm sure they've been searching for CLIT for a long time.

    111. Re:sure it is by liquidsunshine · · Score: 1

      Command
      Line
      Interface
      Terrorism?

      Creative capitalization ftw.

    112. Re:sure it is by GNUbuntu · · Score: 4, Informative

      I asked for a citation, not your continued assertions. Also in light of seeing this post on GetLegal.com: http://public.getlegal.com/daily/tip/4-2-2009. If you have any case law or anything else backing up your claims please provide it but any legal writings on this subject always says that email is covered under libel laws.

    113. Re:sure it is by Xmastrspy · · Score: 1

      Command Line Interface Terrorism = CLIT?

      I KNEW I looking in the wrong place!!!

    114. Re:sure it is by Inner_Child · · Score: 1

      Ready to unleash Operation Grendel via Conficker-compromised Windows machines?

      --
      Today is red jello day - all workers must eat all of their red jello. Failure to comply will result in five demerits.
    115. Re:sure it is by Applekid · · Score: 1

      Right, a college campus police officer shoots a student who is in your custody, being investigated for some completely nonviolent civil question.

      You wouldn't simply "move on."

      That's when you plant the drugs, bribe the appropriate people to "find" PCP or whatever in the bloodstream, and threaten to expose widespread corruption in the force if they came down on you.

      TV police shows have taught me everything I need to know.

      --
      More Twoson than Cupertino
    116. Re:sure it is by NewWorldDan · · Score: 1

      I read through the affidavit and while there is a lot of BS and superstition in there, I expect the library of priated movies and music is what will ultimately hang this kid. Nearly everything else appears to be either improbable or not a crime. But that's the state of things these days. If you look hard enough into nearly anyone's life, you can probably find a few technical crimes to charge them with.

    117. Re:sure it is by Vu1turEMaN · · Score: 1

      Eh, the white text got me. I'd much rather use green or blue.

    118. Re:sure it is by Altus · · Score: 2, Interesting

      yea, but since when is calling someone gay a matter for the police?

      He is accused of changing grades (a serious offense) and calling someone gay (a civil matter at best) and there is some evidence that he called that person gay so clearly thats enough evidence for a warrant?

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    119. Re:sure it is by Fnord666 · · Score: 1

      Whoooosh!!!

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
    120. Re:sure it is by Hurricane78 · · Score: 1

      Yeah. THIS gets me a "+1, Informative", while really important, true, and intelligent comments, that are longer than 1.5 sentences, get modded troll, because some idiot misinterpreted the complete opposite of what i said into it, because he was too stupid to get it.

      Next time, I will split it in Idiocracy-conforming appetizers, ok? ^^

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    121. Re:sure it is by b4upoo · · Score: 1

      The depth of human stupidity is unlimited. Often security guards are living proof of that fact.

    122. Re:sure it is by betterunixthanunix · · Score: 1

      "Why the hell is the EFF on this case?" Because of the precedent. The police in this case painted a picture of a scary hacker who has multiple operating systems, multiple usernames, and is an expert in computer science, all of which is used to support the probable cause accusation. If that is allowed to fly, then many Slashdot users would be in danger whenever any connection could be drawn between them and any computer crime. We do not want to live in a world where computer science is treated like black magic and hackers become the subject of a witch hunt; well, at the very least I do not want to live in such a world.

      --
      Palm trees and 8
    123. Re:sure it is by bensode · · Score: 2, Interesting

      Virtual Unix-Like Vexing Apparatus ?

      --
      "Keep at least 3-6 full bottles of hard alcohol on hand, a 2 week resignation notice,..." - Poetmatt
    124. Re:sure it is by edward2020 · · Score: 1

      It's not compelling at all. Some people have latched onto the grade thing. Apparently though, from the affidavit, it is not alleged that any grades were changed - only that the person who's pissed at being called gay said he had seen the person who was deprived of his property enter the "grade" system. Sorry, that's not sufficient cause to steal people's shit.

      --
      Don't worry about the mule, just load the wagon.
    125. Re:sure it is by Totenglocke · · Score: 1

      Yes, but when you were in school, the police hadn't yet heard of those newfangled computational devices yet! They can't say you're commiting crimes with a computer if they don't even know such a thing as a computer exists!

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    126. Re:sure it is by Anonymous Coward · · Score: 5, Insightful

      HOLY FUCKING SHIT I hate the many paraphrased forms of that quote. As soon as you take out the part about the liberty given up being essential, and the safety temporary, you end up with a wholly unreasonable statement.

      We sacrifice inessential liberties for safety all the time. We are required to get our cars registered and inspected (in some states), our buildings inspected, and our restaurants must conform to code. All of these things restrict our freedom, but also help to keep us safe and healthy. Do the folks who conform to these codes, and expect others to conform as well, deserve some kind of punishment for their willingness to sacrifice liberty?

      The spirit of Ben Franklin's quote was really that there are some very particular freedoms that should not be sacrificed. That one about being free from unreasonable search and seizure is just non-negotiable.

      But those other freedoms, like the freedom of a local restaurant manager to keep a filthy kitchen and as a result give me diarrhea, I'm perfectly willing to sacrifice. So yeah, all those paraphrased versions of Ben Frank's quote have been said too much. They're overly broad, and they come from a place of blind, ideological patriotism. Sorry for the rant.

    127. Re:sure it is by platypussrex · · Score: 2, Interesting

      The defamation part is in publishing information that might harm the person's character. Nothing there about truth. In some cases truth is a defense, sometimes not, but it's not part of the original tort. So yes, it's sometimes possible for a true statement to be defamatory.

    128. Re:sure it is by M-RES · · Score: 1

      Isn't that an offshoot of Linux Against Ballmer Insurgent Activism?

    129. Re:sure it is by Hurricane78 · · Score: 1

      So?
      I would not care.
      You know why?
      Because I would be DEAD!

      If you think, dead is an evil punishment, you are seriously delusional.
      But hey. I bet you would only shoot once.
      You see, I know from experience, that one shot out of a normal pistol does not mean shit.
      Sure, it hurts like hell. But hey... ...I would still be able to jump on you and bite out your fuckin' neck, poke your eyes out, and destroy your balls, before you would have really killed me.
      Good luck living the rest of your live with that. ^^

      As I said: Don't mess with me. You can't even imagine what I've been trough.

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    130. Re:sure it is by Enderandrew · · Score: 1

      Your link is an assertion as well that email is libel. Well, I've seen "libel suits" filed for radio broadcasts, but it doesn't make it right.

      http://uniweb.legislature.ne.gov/laws/statutes.php?statute=s2502008000

      There is the Nebraska law on libel, which requires "publication", as I work for the major newspaper in Nebraska, I know from experience in dealing with our paper and website, that libels suits have only covered the printed word here.

      That is your citation. Where is yours?

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    131. Re:sure it is by cayenne8 · · Score: 2, Funny
      "I think my roommate is a gay terrorist..."

      Well, if he tries a suicide blast to your ass, you'll know for sure.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    132. Re:sure it is by commodore64_love · · Score: 1

      >>>Fucking pigs.

      No thanks.

      But back to topic: It's clear the cops know nothing about multiple OSes and believe all computers run Windows. I wonder what they'd think if they entered my dorm and saw me running both Windows XP and a Macintosh OS, swapping documents back and forth. Heck right now I have a Commodore 64 running in the background - a pale cursor blinking on a blue background with esoteric commands on the screen. They'd probably assume I'm a member of PirateBay or some other illegal group.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    133. Re:sure it is by Hurricane78 · · Score: 1

      *Awaiting loss of all fan relationships on Slashdot, and getting many many new freaks* ^^

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    134. Re:sure it is by Enderandrew · · Score: 1

      I later cite the law itself, however I wager my actually taking journalism classes and working for the paper is more experience than the average person throwing in their opinion here.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    135. Re:sure it is by Hatta · · Score: 1

      Careful, calling people gay on the internet is grounds to have your computer confiscated now.

      --
      Give me Classic Slashdot or give me death!
    136. Re:sure it is by cayenne8 · · Score: 1
      "What's libelous or slanderous about calling someone gay? No mature adult should be judging people based on beliefs about their sexuality, so being accused of being gay should be no different from being accused of being vegetarian, or Christian, or any other characteristic that is not immediately obvious to the observer and is largely irrelevant to anyone other than the person in question and his/her close acquaintances.

      Oh, wait, I was forgetting that the USA is still stuck in the Victorian era with regard to human sexuality."

      Hahah...oh man, that was so gay!!

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    137. Re:sure it is by jamstar7 · · Score: 4, Funny
      OK, you got me.

      The C.L.I.T is not real.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    138. Re:sure it is by Phase+Shifter · · Score: 1

      Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?

      Hey, we're talking about Boston here.

      If blinking lights on bridges and sweaters constitute "hoax devices" or "Improvised Electronic Devices" then I'm sure a blinking cursor is evidence of cyberterrorism...after all, it's a blinking light on a computer screen, right?

    139. Re:sure it is by Kozar_The_Malignant · · Score: 1

      >my terminal has a pink background with black text

      Hmm... Anyone who even knows the "set mode co80" command is immediately suspect. I suppose that black on pink is less evil than, say, reverse blinking magenta on chartreuse. Maybe its time to upgrade my monochrome monitor and Hercules Graphics card.

      --
      Some mornings it's hardly worth chewing through the restraints to get out of bed.
    140. Re:sure it is by cayenne8 · · Score: 1
      "When the laws specifically stipulate the printed word, and given that the internet is not printed, libels laws do not cover the internet in most states I've seen."

      I don't get it...if the words/characters weren't PRINTED on the screen, then you'd not be able to read them..?

      You can also print them from your computer onto dead tree....would the potential for that not translate into it being 'printed' if accessible via computers?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    141. Re:sure it is by KDR_11k · · Score: 1

      Doesn't that only apply to accusing someone of a crime? Last I checked homosexuality is not illegal.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    142. Re:sure it is by GNUbuntu · · Score: 1, Informative

      Where is yours?

      http://en.wikipedia.org/wiki/Cubby_v._CompuServe http://en.wikipedia.org/wiki/Stratton_Oakmont,_Inc._v._Prodigy_Services_Co. In fact the Communications Decency Act had to be updated to provide ISPs with immunity from further libel suits based on the electronic postings of their users. Here's two other citations talking all about email and libel online: http://communications-media.lawyers.com/Email-Defamation.html & http://internet-law.lawyers.com/Libel-Online.html So it's pretty clear that libel covers electronic communications and email.

    143. Re:sure it is by Omestes · · Score: 1

      Read the warrant, using CLI was not the cause for the warrant, posting a false profile defaming his room mate, with a direct line of evidence pointing to him is the cause for the warrant...

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    144. Re:sure it is by SatanicPuppy · · Score: 1

      They hadn't heard of computers in 2001?

      Welll...We are talking about Boston here...

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    145. Re:sure it is by AMuse · · Score: 1

      >Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?

      Maybe I've been in IT too long, but automatically reading acronyms into anything with multiple capitals per word can be very amusing sometimes.

    146. Re:sure it is by awrowe · · Score: 2, Funny

      What if I get my screenreader to read it for me?

      Oh my god, my head will explode!

      --
      A.I. Research. The peculiar science in which we know the question and we know the answer, but can't show the working
    147. Re:sure it is by epilido · · Score: 1

      WOW, Has hyperinflation hit you area already....and trickled down to the campus cops

      They don't make that much around here. Maybe an accidental extra 0

      E

    148. Re:sure it is by Anonymous Coward · · Score: 3, Funny

      The overly-broad embrace of any and all liberties is where the Venn diagrams of Mafiosos and Libertarians/Positivists overlap:
                "Why don't the cops just mind their own business?"

    149. Re:sure it is by nog_lorp · · Score: 1

      Someone set up a fake Facebook account for me, and I have PROOF that you used Facebook in that period!

      Using a social networking site should not be any sort of probable cause.

      There are many claims against him, and I have no doubt that he has committed illegal activities with his computer - almost everyone I know has a cache of illegal movies/songs (except for me of course!). The claims of changing grades, however, are highly improbable and make me think most of the accusations by the roommate are purely revenge tactics to unveil the piracy.

    150. Re:sure it is by kko · · Score: 1

      YOU GO GIRL!

      --
      No, seriously, I just come here for the articles.
    151. Re:sure it is by Anonymous Coward · · Score: 1, Interesting

      What does it mean when the truth harms a person's character?

    152. Re:sure it is by ace123 · · Score: 1

      3. I am seeking the issuance of a warrant to search for the following property (describe the property to be searched as particularly as possible):

      "All objects capable of storing digital data in any form, including but not limited to central processing units, optical scanners, digital cameras, modems, routers, memory sticks, thumb or usb drives, firewalls, tapes, zip drive disks, digital video disks, printers, operating systems, application program disks, software, hardware, CD-ROMs, computer access codes, passwords and/or protocols, all manuals, books, brochures, all evidence of ownership"

      Central Processing Units? Firewalls? Scanners? "Computer access codes"? Protocols? Brochures? Books (doesn't say even computer-related)??? They might as well take this guy's whole bloody house! I mean, what's to say that my toaster can't store digital data, or my oven, right?

      Aside from "All objects capable of storing digital data in any form" not being very "particular", how can they even justify stealing half that stuff.

      If I'm accused of using Linux, how can they have a right to take all books I own? To rip the CPUs off my computer motherboards? To boot up my computer to search for iptables rules? Are there no laws that specify when a search warrant is legal, and what is allowed to be searched?

      How can Detective Kevin M. Christopher get away with signing this? I would hope that he's going to have to justify his motives in court.

      Another funny, if not so sad line:

      has also recently been the victim of a mass e-mailing to theBoston College community in which he is reported to be gay and coming out of the closet.

      And that breaks which law exactly?

    153. Re:sure it is by wiredlogic · · Score: 2, Informative

      Virtual Unix-Like Vexing Apparatus ?

      Indeed, and they come with even less documentation too. Most of which is for an older version and is a few thousand years out of date.

      --
      I am becoming gerund, destroyer of verbs.
    154. Re:sure it is by offsides · · Score: 2, Insightful

      So you think that a search warrant should be granted on the basis of non-substantiated rumor from someone who doesn't like you? OK, give me your name and address and I'll call the cops and tell them to get a search warrant based on the fact that you refuse to use a "normal" computer operating system and that it can therefore be used to cover up your illegal activity. Maybe I'll throw in the fact that I think you're a jerk as well just to give them a little more probable cause.

      The whole reason for probable cause is so that J. Random Person can't just go up to the cops and say "so and so is doing something illegal - go search his house" without actually providing some evidence as to what he's doing AND that he's doing it in his house.

      If you read the affidavit, and more importantly the supporting declarations, you'll see that there's a) absolutely no evidence of a crime committed (the 2 statutes listed refer to defrauding a commercial service, of which BC's listserv, yahoo, gmail and the gay website are not, and unauthorized access which sending an email to a listserv certainly isn't), and more importantly b) the "informant", who is also the purported victim, has absolutely no credibility in his statements above and beyond an assumption that he's no lying, and provides absolutely no corroborating details with which a third party can verify any of the accusations.

      Now, I will agree with you that the search warrant had nothing to do with Linux specifically, but would you issue a search warrant to seize someone's computer's if the only issue was that "it used a black and white text console to enter commands"? I seem to recall a recent story where a teacher told someone who was distributing linux that what he was doing was illegal; just because she said it didn't mean it was true, and clearly that holds in this case as well.

      The cop in question overstepped his authority when he swore that the information provided was sufficient to suspect that a crime was committed, and the magistrate who granted the warrant was derelict in her duties as a judge in making sure that the warrant application was sufficient to grant the warrant. If it turns out that the guy did commit a crime and there's legally obtained evidence to prove it, let him serve his time. But an illegal search and seizure is not a valid way of doing it.

    155. Re:sure it is by Chyeld · · Score: 4, Funny

      God, Chuck Norris, and Vin Diesel are kicking back in a bar when suddenly God exclaims: "Look!"

      God snaps his fingers and immediately a completely new universe is formed, spinning, before them.

      Chuck Norris, not wanting to be out done, says "So what! Watch this!" and delivers a devastating round house kick that completely annihilates the new universe.

      The two go back and forth for a good ten minutes, each repeating their trick, attempting to outdo the other, when Vin Diesel abruptly grows tired of it all and exclaims: "Will the two of you fuck nuts cut it out?"

      "Damn, I'm beginning to wish I never created either of you."

      Then Jack Bauer walks in.

      Rocks fall, everyone dies.

    156. Re:sure it is by gnuASM · · Score: 2, Insightful

      http://uniweb.legislature.ne.gov/laws/statutes.php?statute=s2502008000

      There is the Nebraska law on libel, which requires "publication", as I work for the major newspaper in Nebraska, I know from experience in dealing with our paper and website, that libels suits have only covered the printed word here.

      I would have to say then that in accordance with your own personal experience that you have been fortunate enough not to stand accused of libel. However, that still does not change the fact that you are wrong.

      From your own citation:

      Publication of an allegedly libelous statement occurs when it is communicated to someone other than the person defamed. Vergara v. Lopez-Vasquez, 1 Neb. App. 1141, 510 N.W.2d 550 (1993).

      It says neither that the libel must be run through a press nor on paper to be libel in the State of Nebraska. "Publication" results when the alleged libel is simply communicated to a third party. There is no apparent restraints as to the form and origin of the communication.

    157. Re:sure it is by ace123 · · Score: 1

      Ah please disregard the last part of my post--I didn't read it very closely. Still the passive voice makes it unclear and it doesn't indicate any evidence that shows this is related.

    158. Re:sure it is by Roland+Deschene · · Score: 2, Funny

      No mature adult should be judging people based on beliefs about their sexuality, so being accused of being gay should be no different from being accused of being vegetarian, or Christian, or any other characteristic that is not immediately obvious to the observer and is largely irrelevant to anyone other than the person in question and his/her close acquaintances. OMG, you are SO ADORABLE! I just want to pinch your cheeks.

    159. Re:sure it is by MonkWB · · Score: 1

      So you ADMIT are not a lawyer!?!?!?!
      Welcome to slashdot.

    160. Re:sure it is by rfc1394 · · Score: 5, Informative

      So yes, it's sometimes possible for a true statement to be defamatory.

      Do you have case law on this? Now, maybe you're in the U.K. or somewhere in Europe, but my understanding is, at least in the U.S., is that truth is an absolute defense. You can say anything about someone, no matter how malicious you use it, as long as it is true. Now, if you've got case law or some statute law to the contrary I'd love to hear about it. I think that the case of Hustler Magazine v. Falwell would be instructive in this case. Hustler was sued because it ran a parody ad (marked as such) that said that Rev. Falwell admitted he had sex with his mother in an outhouse. The jury found for the magazine for libel (the ad was a parody so it was clear it wasn't him actually claiming what was said, therefore not libelous) but found for Falwell on emotional distress. The magazine appealed. The U.S. Supreme Court ruled there was no defamation because no person could possibly believe it was true, and merely having your feelings hurt is not adequate to be compensable damages absent actual libel. So if something which is false and insulting about someone that cannot possibly be believed as true cannot be defaming, then declaring saying something which is true to be actionable would appear to be madness.

      --
      The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
    161. Re:sure it is by Totenglocke · · Score: 1

      I was just mocking the retarded boston police, I figured you probably weren't that old..........

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    162. Re:sure it is by causality · · Score: 1

      Where I live, cops have to have at the very least a Bachelor's degree, preferably in criminal justice.

      It's scary how dumb a lot of college grads are though.

      If that continues to get bad enough, maybe we'll finally question whether rote memorization is the One True Way to learn anything.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    163. Re:sure it is by Nutria · · Score: 2, Insightful

      That's the type of bullying that makes me sick.

      This, plus the scare back when pranksters put Mooninite signs all over Boston and the overt racism that has plagued the city for so long, should disabuse Yankees from any feelings of moral or intellectual superiority over the South. You're just as stupid as we are...

      --
      "I don't know, therefore Aliens" Wafflebox1
    164. Re:sure it is by init100 · · Score: 1

      he had "observed [the suspect hacking] into the B.C. grading system

      He probably noticed that professors also use a black screen with white letters (for instance, if the grading system is accessed through a 3270 mainframe interface), and determined that since his roommate also used a black screen with white letters, it must be the grading system, and his roommate must have hacked into it.

      Just my little hypothesis.

    165. Re:sure it is by Anonymous Coward · · Score: 4, Insightful

      Not all of us are willing to sacrifice "those other freedoms". Some of use believe the sacrifice should be essential not the liberty when weighing the equation. The attitude of most sacrifices aren't important is scary and leads down a dark path. The idea that the sacrifice should be exceptional not the liberty is what I believe he was getting at.

    166. Re:sure it is by spitek · · Score: 1

      Start > Run > cmd Wonder if that is scary terrorists tools too?

    167. Re:sure it is by camperdave · · Score: 2, Funny

      Of course! No one would admit to actually BEING a lawyer.

      --
      When our name is on the back of your car, we're behind you all the way!
    168. Re:sure it is by Quothz · · Score: 1

      When the laws specifically stipulate the printed word, and given that the internet is not printed, libels laws do not cover the internet in most states I've seen. But what would I know? I only work for a newspaper and took two years of journalism classes.

      Did those classes teach you the part about using a dictionary? The word "print" is not limited to ink-on-paper. Words that are stored, transmitted, and displayed electronically are indeed printed, by definition.

      (In most jurisdictions, however, it's my understanding that slander and libel are treated equally as torts, and often lumped together as defamation.)

    169. Re:sure it is by caluml · · Score: 3, Funny

      Give the script-writing a break for a bit - get another job. I'm sure you'll break into the big time soon, but for now, just get a job at McDonalds.

    170. Re:sure it is by PachmanP · · Score: 1, Insightful

      But what would I know? I...took two years of journalism classes.

      Absolutely nothing???

      --
      You're thinking small. Why miniaturize the laser, when we could instead enlarge the sharks? -John Searle
    171. Re:sure it is by supernova_hq · · Score: 1

      No, defamation must be based on a lye! Telling the uncomfortable truth is NEVER defamation, just a badly hidden secret...

    172. Re:sure it is by Cynonamous+Anoward · · Score: 2, Funny

      Then he's guilty of libel and your computer is guilty of slander.

      i.e "My computer just slandered me with your libel"

      --
      "The GPL is viral by design, like any good religion."
    173. Re:sure it is by lwsimon · · Score: 5, Interesting

      This is the kind of thing that gun owners - especially licensed dealers - have put up with for years, from the BATFE.

      Coming to America near you!

      What's that you say? Just a gun nut talking?

      http://www.fox11az.com/news/topstories/stories/kmsb-20080229-famjc-gunsseized.b924092.html

      Cavalry Arms, a store in AZ, was raided in Febuary of 2008. Their inventory was taken, along with their complete customer records, including backups. The pretense for the raid was "suspicious of violating federal firearms laws." Today, 14 months later, they have yet to be charged with a crime. Meanwhile, the items seized have been auctioned by the government, and they have not been reimbursed.

      I could go on to show cases where ATF agents killed pets - in one case, stomping on a kitten on their way off the property - trashed citizens' houses and left the door busted in, and one case where the person being raided "committed suicide" - in a room that had already been searched for weapons, with an officer 5' away, and without getting gunshot residue on his hands.

      Please people, I beg you. Wake up and see what's happening before this becomes more common.

      --
      Learn about Photography Basics.
    174. Re:sure it is by Pjerky · · Score: 1

      Not only is that a disgusting abuse of authority, but it is also illegal. He should have refused. The warrant had nothing to do with the pen and paper he was using during the search and everything to do with technology. Of course it is not like these "Officers" care about the letter of the law. That much is obvious. It is also quite apparent how ignorant they are when they took his ipod as part of the investigation. Unless it was an ipod Touch there is no valid reason to take it beyond it being an electronic device. Might as well have stolen his wristwatch for all the good it would do them. These members of police are examples of just how much ignorance of technology there is and how much authority is abused right here in this country.

      --
      The Mind Is Speculative and Interpretive. So speculate all you want and interpret this 00101101 01001110!
    175. Re:sure it is by elventear · · Score: 1

      Score: 5, Scary

    176. Re:sure it is by SwabTheDeck · · Score: 1

      Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?

      Command Line Interface Terrorism (CLIT) is not widely understood by local law enforcement agencies. People fear CLIT because they do not understand it.

    177. Re:sure it is by supernova_hq · · Score: 1

      What's a she?

    178. Re:sure it is by camperdave · · Score: 1

      Well, that all depends on what he writes up in the report, doesn't it?

      --
      When our name is on the back of your car, we're behind you all the way!
    179. Re:sure it is by linzeal · · Score: 2, Insightful

      No our police are just as stupid as yours are. Police are mostly recruited from the ranks of those sadistic bullies that you grew up with, not exactly the best and brightest.

    180. Re:sure it is by platypussrex · · Score: 1

      except they must have left out one important fact about this in your classes. "Publication" in the case of defamation has a very specific legal meaning, and it's not "being published in a newspaper" but rather refers to disseminating the information, via a number of possible routes. So it might well be possible to "publish" information by standing on a stage in a large auditorium full of people and saying it over the PA system.

    181. Re:sure it is by im_thatoneguy · · Score: 1

      Yes, losing a post-it note during an arrest. Insiduous.

    182. Re:sure it is by Moridin42 · · Score: 1

      You're basing your opinion on the assumption that the law makes sense. It doesn't.

      Note: You may be correct in that truth is an absolute defense from defamation. I don't know. I'm just saying, if I want logic then I'll talk to a philosopher. Madness is what I expect from the mouths of lawmakers.

      --
      I don't expect morality, equality, consistency, or justice from the law. I expect only legality.
    183. Re:sure it is by gnuASM · · Score: 1

      It was one time, and consensual! * This is a joke, and in no way represents an actual occurrence.

      Talk to the hand!

    184. Re:sure it is by supernova_hq · · Score: 2, Funny

      Bath beads are fun. Keep one under the edge of your desk, when the cops come in, pop in in your mouth and bite down, INSTANT RABIES!

    185. Re:sure it is by Nutria · · Score: 1

      The warrant had nothing to do with the pen and paper he was using during the search and everything to do with technology.

      The warrant mentioned seizing all "sticky notes". He was taking his notes on... sticky notes.

      --
      "I don't know, therefore Aliens" Wafflebox1
    186. Re:sure it is by rts008 · · Score: 1

      Dude, I'm on your side here. Been there, done that, got the scars and Purple Hearts.(three of them)
      All three times all it did was piss me off, and I used my training, personality, and adrenaline to good use. None of the STASI bastards survived shooting me, and here I am.

      As I said: Don't mess with me. You can't even imagine what I've been trough.

      Indeed, yes indeed.

      Mostly I've been lurking this thread, laughing at your 'opposition'. Quite humurous, but clueless. Too much TV and Hollywood, I suppose.

      Anyway, you're doing fine here...Rock On!

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    187. Re:sure it is by WCguru42 · · Score: 2, Informative

      still should be a tort crime (civil), rather than a police matter. Regardless of whats said, can't go to college? Become a cop! You'll be a big man then.

      Campus Police != Police. Anyone who's been on a college campus knows that. Real police wouldn't waste their time with someone's sob story about someone calling them names.

      --
      "Educate the mind but never at the expense of the soul."~Blessed Basil Moreau
    188. Re:sure it is by fredklein · · Score: 1

      I hate to commit a Farkism, but...

      THIS.

    189. Re:sure it is by WCguru42 · · Score: 1

      When the laws specifically stipulate the printed word, and given that the internet is not printed, libels laws do not cover the internet

      Electronic stuff is obviously print, that's why it's command println (or something like that, I'm an EE so sue me). But you could probably argue that it's not words on the internet judging by the majority of the stuff seen on twiter/youtube/facebook/etc.

      --
      "Educate the mind but never at the expense of the soul."~Blessed Basil Moreau
    190. Re:sure it is by rts008 · · Score: 1

      I think the phrase 'at the center of ground zero' applies in your case.

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    191. Re:sure it is by cbiltcliffe · · Score: 1

      Try reading...

      (redacted) advised Offer Eng that Mr. Calixte has changed grades for other students by accessing the Boston College computer system.

      Yeah, and Iraq had WMDs. Where's the proof? We have some guy's unsubstantiated accusations, and....what?

      [...] This computer has three log on fields and it is reported that Mr. Calixte uses the nicknames "enigma" and "Bootleg enigma".

      3 logon accounts does not equal illegal activity. I have a logon account on my machine for regular stuff, which starts a whole bunch of utility programs, print monitors, etc.

      I have another logon which doesn't start any of this, that I use for gaming.

      I have a third logon that has limited permissions, that other people use.

      I guess I must be hacking something, huh?

      It goes on. Including that the witness said he say the guy hack the grading system for the campus,

      Again, unsubstantiated allegations by some guy who was pissed.

      harden other systems against scanning for downloads,

      Shouldn't somebody who works for IT be hardening systems against network intrusion? Whether he was hardening them to prevent scanning for downloads is purely speculation.

      jail breaks cell phones.

      Is this illegal? If it is, it shouldn't be. It certainly isn't for me, but then, I'm not in the US.

      Also he reported multiple illegal movies & music albums, and suspects the guy of tampering with his own system.

      Arrrggh! Them thar dirty pirates be hacking into me computer! Make them walk the plank!

      Civil offence. Has nothing to do with police, and is no reason to get a warrant. Unless they had evidence he's selling pirated movies, which they don't.

      Oh, and the guy was also already under investigation for alleged theft of a laptop.

      And taking his iPod helps with this investigation how, exactly?

      And finally, way down at the end, they mention the email specifically. Please read:

      [...] the suspect e-mails were traced back to Mr. Calixte

      And how did they do that, exactly? Examining forged headers?

      Even better, this guy, despite thinking he was some uber-hacker, left this information on the network switch..

      Hardware Address: 00:23:38:BE:38:24
      Computer Name: bootleg-laptop
      Operating System: Unix Linux
      Email Address: smaikopt@ctst.org

      How exactly does a switch pick up your email address? The MAC address, obviously, although that can still be forged. The name and OS, I could see, if it's a managed switch, which it probably is.

      But email address? WTF? Do you have to log into the switch to get network connectivity? No.

      The only way this could be connected, is if the university tracks MAC addresses for security, and his MAC address is connected to the email address in their database. But again, this can easily be forged, so it's certainly not a way of identifying someone.

      All I see is a little, at best, circumstantial evidence. That's pretty shaky to get a warrant on.

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    192. Re:sure it is by radtea · · Score: 1

      When it's libelous or slanderous?

      Why would calling someone gay be defamation (the root crime of libel and slander)?

      Defamation has to generate a negative image of the person being defamed. Since there is nothing wrong with being gay there's no possibility of defamation.

      Imagine if someone "outed" a person on a mailing list by saying, "He has dark skin!" Could that possibly under any circumstances be considered defamation? I'd argue not, because there's nothing wrong with having dark skin, even though the world is full of evil crazy people who think there is.

      Being falsely outed as a dark-skinned individual doesn't seem to me to be defamation, even though it might subject the person to prejudicial behaviour from the evil and insane. The same logic would seem to apply to being falsely outed as gay.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    193. Re:sure it is by witherstaff · · Score: 1

      Oh so you admit that you're a Pinko. Great, another commie!

    194. Re:sure it is by sanosuke76 · · Score: 1

      I would laugh my rear off if the police were to issue the following statement: "Guys, we only had hearsay about the OS. We couldn't get the roomie to tell us whether he ran Solaris x86, BSD, or Linux, ok? By the way, we read Slashdot too."

      --
      My 229 is all the Sig I need http://thegunwiki.com/
    195. Re:sure it is by Anonymous Coward · · Score: 1, Insightful

      But Benjamin Franklin was a nutcase.

      Just because someone is old and dead doesn't mean they're right.

    196. Re:sure it is by Techmeology · · Score: 1

      The Police are merely guarding our rights

      Oh? You mean like the right to use two different operating systems?

      --
      Excuse for why is your room always messy?
    197. Re:sure it is by Anonymous Coward · · Score: 5, Informative

      Please people, I beg you. Wake up and see what's happening before this becomes more common.

      OK, I'm awake and aware of the problem. Now what do I do?

    198. Re:sure it is by platypussrex · · Score: 1

      ah, but you forget that defamation (the term I used in my post) covers more than libel and slander. There are things such as public disclosure of private facts, false light, invasion of privacy, etc. that also fall under defamation and truth may not be an absolute defense at all in some of those cases.

    199. Re:sure it is by Workaphobia · · Score: 2, Insightful

      I read the warrant affidavit and now I'm reading the motion to quash. It's clear that the warrant was all about throwing around a bunch of diverse and scary claims to form an amalgamation of danger and criminality, while sidestepping any kind of substantiation. The response is all about holding this to scrutiny, and it looks like they're ripping the police officer to shreds.

      To be fair however, there are quite a few accusations mentioned in the warrant that understandably didn't make it to the EFF page or slashdot.

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
    200. Re:sure it is by billcopc · · Score: 1

      How can a person's sexual orientation be libelous or slanderous ? It is either correct or incorrect. Offensive, perhaps... largely because modern society is still profoundly homophobic, but that does not turn a mere heckle into a crime.

      "Fuck you, you fur-munching straight person" is more humorous than offensive. So why does the word "gay" automatically make that same sentence pure criminal evil ?

      --
      -Billco, Fnarg.com
    201. Re:sure it is by mdmkolbe · · Score: 2, Informative

      Please tell me that someone else here actually read the full warrant.

      I did, but then I read the motion. The warrant application has more holes in it than Swiss cheese.

    202. Re:sure it is by Anonymous Coward · · Score: 1, Interesting

      That's a hoot. The list of items capable of storing digital data is great. He's also confiscating "operating systems." WTF?

      That said, it looks like the roommate is making some pretty serious accusations. There's certainly enough to warrant investigating to some degree. If there's no basis in fact for any of it, the roommate needs to be kicked out of school and charged with filing a false police report and defamation of character.

      And when you read further, the kid's doing a lot of stuff that's easily colored as suspicious. Using Linux is the least of these, and it's not clear whose opinion it is that he's using it to "hide" anything.

      Sensationalist headlines on Slashdot win again.

    203. Re:sure it is by dna_(c)(tm)(r) · · Score: 2, Funny

      Then you should pay twice for that intellectual property!

    204. Re:sure it is by rgbscan · · Score: 1

      Shocking no? But he's onto something. This may be what you are looking for: http://yro.slashdot.org/article.pl?sid=09/03/13/1542206&from=rss

    205. Re:sure it is by Fallen+Seraph · · Score: 5, Interesting

      Ummm, problem with that. It doesn't say "He says he stole laptops" it says "He has been seen with many different laptops, which he claims are either being fixed for friends, or are being tested for the university (where he works)" [both of these aren't direct quotes, they're paraphrased] and it implies that his roommate thinks they're stolen.

      Right now I have... 3 notebooks in my room, only one of which belongs to me. Even at college it wasn't uncommon for me to have someone else's notebook at any given time. So to say that that represents suspicion of criminal behavior is absurd, since he's described as being an expert in computers, and even works for the university's IT department. If he has no, or few computer skills, then it'd be suspicious.

      And as for the changing of grades, I suspect that's largely false, since the university did not claim to have incurred any intrusions in their network, and surely a professor would have noticed this at some point or another if this were happening often. Their only evidence is hearsay (from the guy who he has a grudge with).

      One a side note, I find it interesting that the warrant is very descriptive of the items which the police are allowed to take, yet describes a computer as "a CPU." Granted it says it's "not limited to this" and that it's for "all object which store data in any form," but when was the last time your scanner stored data? Or your processor for that matter (other than when it's handling data, that is, turned on). It's not like someone's going to store all their secrets in a processor register...

    206. Re:sure it is by JumpDrive · · Score: 1

      So you're saying that being gay is a bad thing.

    207. Re:sure it is by JumpDrive · · Score: 1

      Thanks, you've explained Fox news.

    208. Re:sure it is by Ozlanthos · · Score: 1

      Uh.....uh.....NO!
      They can bite my wang, and call my ACLU lawyer Samuel Goldstein if they want to see what's on my laptop!

      -Oz

    209. Re:sure it is by Hognoxious · · Score: 1

      The defamation part is in publishing information that might harm the person's character. Nothing there about truth.Really? How about http://dictionary.reference.com/browse/defamation

      "the act of defaming; false or unjustified injury of the good reputation of another"

      Or

      http://www.merriam-webster.com/dictionary/libel

      "2 a: a written or oral defamatory statement or representation that conveys an unjustly unfavorable impression"

      (Emphasis added for the benefit of the hard of understanding)

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    210. Re:sure it is by VisceralLogic · · Score: 1

      The dude should have told the police he put all his illegal files on his roommate's computer.

      --
      Stop! Dremel time!
    211. Re:sure it is by Chris+Burke · · Score: 5, Insightful

      HOLY FUCKING SHIT I hate the many paraphrased forms of that quote. As soon as you take out the part about the liberty given up being essential, and the safety temporary, you end up with a wholly unreasonable statement.

      We sacrifice inessential liberties for safety all the time.

      Benjamin Franklin considered all liberty to be essential. That's why he said "Essential liberty", not "Essential liberties". "Essential" modifies the concept of liberty itself, not certain particular instances of liberties. This was not an accidental word choice.

      Also, I feel it is safe to say that Franklin considered all safety won through the sacrifice of liberty to be temporary.

      He chose those words specifically so as to remind the reader that liberty is essential, and safety is temporary.

      The spirit of Ben Franklin's quote was really that there are some very particular freedoms that should not be sacrificed. That one about being free from unreasonable search and seizure is just non-negotiable.

      Actually the spirit of his quote is much closer to the paraphrasings than to your interpretation. He didn't mean it's okay to sacrifice "inessential" liberties any more than he meant that it's okay to sacrifice "essential" liberties if the safety you are gaining is permanent.

      They're overly broad, and they come from a place of blind, ideological patriotism.

      Benjamin Franklin was an ideological patriot. How sad that we'd try to revise history to make him anything else.

      --

      The enemies of Democracy are
    212. Re:sure it is by Estanislao+Mart�nez · · Score: 1

      What does it mean when the truth harms a person's character?

      It most likely means that it is a fact about them that damages their image in the eyes of a lot of other people. So, for example, given the widespread prejudices against gay men, outing a closeted gay man may harm their character. Or, for example, truthfully claiming that a woman participated in an orgy with ten men. In some jurisdictions, acts of these sorts may be defamatory depending on context (e.g., if the accuser can demonstrate that the statements were made with an intent to damage the victim's reputation). In other jurisdictions, however, this may be considered a different tort, e.g., infliction of emotional distress.

      None of this is legal advice. Here's some practical advice, however: don't go around needlessly publishing disreputable facts about people you bicker with, to get back at them.

    213. Re:sure it is by Enderandrew · · Score: 3, Interesting

      As a scary side-note, the observation I've made working for a newspaper, is that not only is journalism moving to blogs and online sources, but people seem to actually PREFER biased news sources. You'll note that CNN has fallen behind both MSNBC and Fox News, sadly enough. And while newspapers across the country die (and most people say good riddance) few people seem to notice or care that AP feed and local newspaper reporters are often the ones doing the actual investigation and primary reporting so many stories.

      When meta-services exist with no source for their news, what will happen to journalism, especially when people seem more interested with the slant than the details?

      I sincerely fear for the media state we are moving towards.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    214. Re:sure it is by SCPRedMage · · Score: 5, Informative

      The story the EFF is putting forward is actually incomplete and VERY misleading. The guy is being accused of a LOT of things; changing students grades, "jail breaking cell phones" (since when is THAT a crime?), massive copyright infringement, and harassment, to which the e-mail in question is related.

      Considering all of THAT, data storage devices are practically MANDATORY for the warrant. And considering that iPods can, and frequently ARE, used as USB hard drives, they're fair game.

      Also, we ARE talking about an iPod Touch, as mentioned in the second link in the /. story.

      Link to the full warrant affidavit: http://www.eff.org/files/filenode/inresearchBC/EXHIBIT-A.pdf

      --
      My sig can beat up your sig.
    215. Re:sure it is by dilvish_the_damned · · Score: 1

      It seems to me you would have to assume ( or prove ) that being gay is slanderous. Or something.

      --
      I think you underestimate just how much I just dont care.
    216. Re:sure it is by pfleming · · Score: 1

      So you are saying there is no reason for them to be afraid of CLIT, but gooey is OK?

    217. Re:sure it is by dbIII · · Score: 1

      Defamation laws differ just about everywhere. In some places it's almost always the party with the deepest pockets that wins since the law is vague enough to be able to keep things running forever.

    218. Re:sure it is by mysidia · · Score: 1

      When it's libelous or slanderous?

      That's a civil cause of action, not a criminal one.

      Since when is it a criminal offense to post to a mailing list (or any forum) that someone is gay?

    219. Re:sure it is by mysidia · · Score: 1

      The internet is printed word. It's printed on your screen while you're reading the content.

      It's printed on your disk platters when you save it.

    220. Re:sure it is by Wonko+the+Sane · · Score: 1, Offtopic
    221. Re:sure it is by kandela · · Score: 1

      Just so we all know the correct word is libel.

      --
      Conservation of angular momentum makes the world go round.
    222. Re:sure it is by Culture20 · · Score: 1

      But fingering those close to you as terrorists is heroic. So, take away his computer and give him a congressional medal of honor?

    223. Re:sure it is by DrugCheese · · Score: 1

      keep speaking truth friend

      --
      *DrugCheese rants*
    224. Re:sure it is by Chabo · · Score: 1

      Even better:

      computer access codes, passwords, and/or protocols

      Wow, you can store digital data in a computer protocol! I never knew!

      --
      Convert FLACs to a portable format with FlacSquisher
    225. Re:sure it is by RobertLTux · · Score: 2, Interesting

      well actually a real lawyer would have a six page header that explains

      1 that he may or may not have the tickets to give legal advise in your location
      2 he is not your lawyer and this communication does not create an attorney client relationship
      3 details of this situation may need to be found out to figure what the law states
      4 you may in fact be without a leg to stand on

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    226. Re:sure it is by roguetrick · · Score: 1

      Mod parent up, even if I think the whole thing sounds crazy. If you read it, it says that the guy he outed told the investigators that this guy processed stolen laptops, jailbroke phones, pirated a ton of movies, and broke into the grading system to change grades.

      Remains to be seen if the dude did all of this, but I can see why the keystone cops responded.

      --
      -The world would be a better place if everyone had a hoverboard
    227. Re:sure it is by sn00ker · · Score: 1

      Now, maybe you're in the U.K. or somewhere in Europe, but my understanding is, at least in the U.S., is that truth is an absolute defense.

      Can't speak for Europe, but it's definitely the same in the UK (and countries that derive from its legal traditions, such as New Zealand). Can't recall the name of the case, but it was affirmed by a rock artist's manager who outed the artist's public sanctimony on drugs, sex, etc, as totally hypocritical given their narcotics-fuelled benders and various "immoral" carryings-on. Funnily enough the artist sued, and the manager was vindicated by proving that it was all true.

      --
      "God, root, what is difference?" - Pitr, userfriendly
    228. Re:sure it is by roguetrick · · Score: 1

      Yeah but its not illegal to out somebody and it certainly gives the roomate a motive to tell police wild stories about the guy.

      --
      -The world would be a better place if everyone had a hoverboard
    229. Re:sure it is by d3ac0n · · Score: 1

      Please don't use the word "fingering" in a thread about gay people. It makes for some uncomfortable mental imagery.

      --
      Official Heretic from the "Church of Global Warming". Proven right thanks to whistle blowers. AGW = Flat Earth Theory
    230. Re:sure it is by GregNorc · · Score: 1

      If the student was actually gay then he has no case.

    231. Re:sure it is by MarkRose · · Score: 1

      Yes it is, if you're giving commands to destroy public infrastructure. By the time he was arrested, the machine had already reported a broken pipe.

      But breaking pipes is so easy. All you have to do is kill one of the processes...

      --
      Be relentless!
    232. Re:sure it is by meerling · · Score: 1

      I have to agree with you.

      This also illustrates how stupid police (especially the campus variety) can be.
      I would be surprised if they can find even one 'computer major' that doesn't have multiple operating systems.
      It's almost a guarantee that one of the computer majors first year classes has them installing and using Linux.

    233. Re:sure it is by shutdown+-p+now · · Score: 1

      When it's libelous or slanderous?

      That leads to an interesting conundrum: wouldn't the claim that the statement "X is gay" is slander be considered hate speech in at least some jurisdictions, as inherently discriminative against gays (since it is harmless, unless you believe that being gay is somehow evil).

    234. Re:sure it is by superwiz · · Score: 1

      This would be funny except it's scary instead . . .

      the article mentions COLLEGE police. have you met them? they are about as dumb as phone operators. the best way to deal with them is to throw a few big words at them ("transparency", "mandate", "prioritize" will do just fine) and they crawl away. just remember, they are as scared as all dumb people are. the world is a very random and difficult place for them. if you convince them that you feel sorry for them without condescending, they'll be even better friends than your dog.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    235. Re:sure it is by EZLeeAmused · · Score: 1

      GODWINS'S RULE. You lose.

      --
      Some see the vessel as half full; others see it as half-empty; We pour it out on the floor and laugh
    236. Re:sure it is by DustyShadow · · Score: 4, Informative

      Campus Police != Police. Anyone who's been on a college campus knows that.

      Maybe at your school. At both my undergrad and graduate schools, however, the campus police departments are real police.

    237. Re:sure it is by glitch23 · · Score: 1

      We sacrifice inessential liberties for safety all the time. We are required to get our cars registered and inspected (in some states), our buildings inspected, and our restaurants must conform to code. All of these things restrict our freedom, but also help to keep us safe and healthy. Do the folks who conform to these codes, and expect others to conform as well, deserve some kind of punishment for their willingness to sacrifice liberty?

      I could be wrong but I think in many cases the money received by states for vehicle registration (and possibly inspections too) go towards paying for varies levies and funds, similar to the majority of a speeding ticket goes to pay for things for schools and only a small portion of your ticket is the real fine. But I do agree with you on the other items you listed.

      --
      this nation, under God, shall have a new birth of freedom. -- Lincoln, Gettysburg Address
    238. Re:sure it is by Darby · · Score: 1

      "Fuck you, you fur-munching straight person" is more humorous than offensive.

      Humorous in that it's soooo dated. Pubic hair went out in the 90s may it never return.

    239. Re:sure it is by KSMeat · · Score: 1

      Regarding the end of item 3 on page 2. Someone should really tell all of the Manuels to get out of town.

    240. Re:sure it is by reddburn · · Score: 1

      But unlike speech, you can print out what you see online.

      Your newspaper likely originates in digital format, as well: people enter their stories on a computer, correct? From there, they're posted online and printed.

      Congratulations on your journalism classes. I'm sure they provided you with a solid foundation in tort law.

      --
      "Those who believe in telekinetics, raise my hand" - Kurt Vonnegut, Jr.
    241. Re:sure it is by Hordeking · · Score: 1

      When it's libelous or slanderous?

      I guess the upshot of all this liberalism and normalizing homosexuality is that posting online about someone is queer will have as much legal impact re: slander/libel as posting that someone is black. In other words, it would count as slander/libel anymore. They'll have to find something new to cry about.

      --
      Disclaimer: The opinions and actions of the US Gov't are in no way representative of those held by this author or its ci
    242. Re:sure it is by mhall119 · · Score: 1

      The details are in the warrant. The gist of the supposed crime is that the defendant presented himself as the plaintiff in order to gain access to a webservice for homosexuals, where he posted a profile of the plaintiff. All evidence to support this claim comes from the college network's activity logs. Everything about dual-operating systems and what not was really a side-issue.

      This is all detailed in the warrant application, which is available on the EFF's website.

      --
      http://www.mhall119.com
    243. Re:sure it is by bzipitidoo · · Score: 2, Interesting

      The law should be accessible to ordinary folks. Don't talk as if the law is some arcane discipline comprehensible only by high dollar specialists, you'll just make things worse. Self-fulfilling thinking.

      Sadly, much of the law is difficult. Periodically, we have jargon reduction campaigns, which helps. And we have no shortage of armchair lawyers, which is a good thing. If ever the majority gets to the point where we automatically throw up our hands in despair of ever being able to figure out the convolutions of the law, or in disgust at the corruption, trouble of the revolutionary sort will soon follow. Like the Byzantine Empire, with the ugly legacy of its name coming to mean incomprehensible, overly complex bureaucracy and treachery.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    244. Re:sure it is by ebombme · · Score: 1

      But what would I know? I only work for a newspaper and took two years of journalism classes.

      Typical Journalist... *sigh* Spout of what you "know" without bothering to research it. For references of the same type of behavior see Fox News, CNN.com, MSNBC. They all do the same thing.

    245. Re:sure it is by turbidostato · · Score: 3, Insightful

      "Why would calling someone gay be defamation (the root crime of libel and slander)?
      Defamation has to generate a negative image of the person being defamed. Since there is nothing wrong with being gay there's no possibility of defamation."

      That's why tribunals are presided by judges not mathematicians.

      While what you say *should* be right, it is up the judge or juror to stablish what the intention and the impact of the case was. That's what the Roman ius 'dolo' covers.

      "Being falsely outed as a dark-skinned individual doesn't seem to me to be defamation"

      Good for you and I'd wish everybody to be like you. Sadly, that's not the case, which what makes possible to be defamation call "nigger" someone depending on circumnstances, even if he is black skinned.

    246. Re:sure it is by cpt+kangarooski · · Score: 1

      The concern isn't that he committed libel (crime)

      I'd have to check, but as I recall, there is no criminal libel statute in Massachusetts. There may have been a common law crime, but it would stand a good chance of being unconstitutional after the Ashton decision in the 60's. Generally, libel is merely a civil offense.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    247. Re:sure it is by Culture20 · · Score: 1

      Please don't use the word "fingering" in a thread about gay people. It makes for some uncomfortable mental imagery.

      Not if they're lesbians.



      Sorry, can't talk now.

    248. Re:sure it is by rubycodez · · Score: 3, Interesting

      actually, there are places in the world where you can drive any vehicle you want with no registration or inspection. and if you buy some food that gives you diarrhea you can stab the cook. now that's freedom.

    249. Re:sure it is by Woldry · · Score: 1

      We sacrifice inessential liberties for safety all the time. We are required to get our cars registered and inspected (in some states),

      I'm curious -- do you have some evidence that car registration and inspection increases car safety? I'd be interested in seeing studies that show that such requirements are actually "for safety".

      While I understand your frustration at the paraphrasing, but all the same let's not lose sight of the aptness of the (mis)quote: I think this case is profoundly disturbing, for the same reasons Franklin provided the original saying.

      --
      How can a post be modded "overrated" or "underrated" when it hasn't been rated yet?
    250. Re:sure it is by Woldry · · Score: 1

      Then the writer will sic the cops on you for copyright infringement. You can't win, man.

      --
      How can a post be modded "overrated" or "underrated" when it hasn't been rated yet?
    251. Re:sure it is by Woldry · · Score: 1

      I have long said that any body of law that can't be memorized by a reasonably intelligent person inside of a week is too long.

      --
      How can a post be modded "overrated" or "underrated" when it hasn't been rated yet?
    252. Re:sure it is by Anonymous Coward · · Score: 4, Insightful

      If the liberty for which the founding fathers sacrificed their fortunes and gave their lives doesn't apply to the "campus Barney Franks", just who does it apply to? You? Don't make me laugh. You don't even care about your liberty, or mine. You're willing to give it away for what? So someone can't send you an insulting email? It's clear you have no idea of the value of liberty.

      What an idiot.

    253. Re:sure it is by JuzzFunky · · Score: 1

      OMG! Ponies!

      --
      Unexpect the expected!
    254. Re:sure it is by Thinboy00 · · Score: 1
      --
      $ make available
    255. Re:sure it is by ppanon · · Score: 4, Interesting

      All of the accusations come from one source who doesn't meet credibility standards for informants.

      If all there were were uncorroborated accusations then that would be true. However some of the harrassment accusations are backed up by substantial corroborating evidence (presumably the mail system had a copy of the harassment mass e-mail, in addition to all the DHCP and proxy logs identified in the warrant request).

      The accused sounds like he fits the profile of someone with an inferiority complex who bragged to his roommate about what he could accomplish to try to impress the other guy and gain acceptance. Then later, when things didn't work out, our antihero tried to demoralize the roommate into submission by anonymously accusing him of behaviour that (unfortunately due to widespread USA puritanical attitudes) would inflict significant social and emotional stress. This behaviour constitutes cyberbullying and there may be applicable statutes in Massachusetts.

      All the other accusations of copyright infringement, unauthorized use of a computer system, and academic misconduct are just gravy. However, if they find something relevant to those accusations, it makes the roommate's testimony more credible at trial for having predicted it. It also makes it less likely that the defense could challenge the search warrant as a fishing expedition if the police discovered nothing on the harassment charge but something on the other accusations instead.

      Now mind you, if the guy did what he was accused of and did it under Ubuntu with encrypted partition(s), I suspect it will be beyond Sgt. Murphy's ability to deal with it. Then again, so far the student's purported "cracker skills" sound more like script-kiddie level stuff; something that may have made him 1337 in a backwater high school, but hardly Legion of Doom stuff. If the kid thought "bootleg-laptop" was a smart name for a laptop and left DHCP and proxy log footprints while harassing someone else, he may not have been smart enough to use an encryption password that would resist a dictionary attack. Really, with a laptop, I'd think he would do some WARdriving outside campus to find an open hotspot and cover his tracks better. So if the laptop gets sent to the FBI for further analysis, they may have a chance to crack it.

      Now if some judge fidns him guilty and winds up giving him 10 years for this (while Scooter Libby got his sentence commuted to a 2-year probation), or they find unauthorized copies of media that lead to an RIAA/MPAA demand for a $500,000 punitive fine, I'll get upset. But if he did do what he's accused of, then he's long overdue for a reality check.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    256. Re:sure it is by nitro77 · · Score: 1

      I mean. I love storing my family photos in the form of my firewall.

      I am constantly running out of storage for my family photos. I DO use my cpus, modems, routers and printers for extra storage. Doesn't everyone?

    257. Re:sure it is by Chris+Burke · · Score: 2, Insightful

      If you can't come up with an argument without quoting trite, overused phrases from Bartlett's book of quotations, keep your trap shut.

      It isn't my argument, so I don't care. Frankly after reading about this I'm not inclined to think it wasn't a completely legitimate, rights-abiding warrant.

      But when someone tries to twist the words of Ben Franklin to suggest it's okay to trade some liberties for some safety, as long as they aren't those select few essential ones you know, then I've got a problem.

      --

      The enemies of Democracy are
    258. Re:sure it is by loxosceles · · Score: 2, Interesting

      However, just because they're "real" sworn police doesn't mean they're the best and the brightest in law enforcement. Campus police tend to be on the lower end of the police officer bell curve.

      (to GP: I'd be rather surprised if any major college these days relied on private security. Maybe some really small colleges do, but when one of the most pressing legal concerns for colleges is what happens if some idiot starts shooting people, having private security seems like a fairly large liability...)

    259. Re:sure it is by fractoid · · Score: 1

      So wait... you're saying that email is written spoken words rather than written words that may be spoken? And that by that logic, slander is the appropriate term?

      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    260. Re:sure it is by Johnny+Mnemonic · · Score: 1

      A device which you can build in 10 minutes! With just a soldering iron and some basic asics!

      If our country ever gets to a point where a single individual can build a device, in 10 minutes, using essentially spare parts, that is able to grant remote control to all of our critical infrastructure to anyone that has that device--we deserve to be owned by the Chinese.

      --

      --
      $tar -xvf .sig.tar
    261. Re:sure it is by gerglion · · Score: 2, Informative

      Adding to this, campus 'security' at UMass Amherst is a State Police barracks, fully equipped to handle any silly riot that ZooMass will come up with this time. Mind you, the 'real' state cops will make fun of the university state cops, but that doesn't mean they aren't real cops. Just means they have more of a chip on their shoulder and are fully ready to take it out on you.

      --
      I know you have come to kill me.
      Shoot, coward. You are only going to kill a man.
    262. Re:sure it is by ckaminski · · Score: 1

      Dodgey car: any car can develop a fatal control problem at any moment. Once a year inspections do not prevent this. Car inspections not necessary.

      Clean Kitchens: Arguably, if you get a bad rap for killing your patrons, you'll end up out of business. Arguably, not necessary, but in this case I'll tend to support regulations.

      Building Codes: Here you're 100% right.

    263. Re:sure it is by Thing+1 · · Score: 1, Troll

      But as far as I'm concerned the more guns off the streets/store shelves the better.

      Hey, 1938 is calling, it wants its Nazi Gun Laws back.

      --
      I feel fantastic, and I'm still alive.
    264. Re:sure it is by slashqwerty · · Score: 1

      Yes, losing a post-it note during an arrest. Insiduous.

      I think the grandparent's concern was that the police took the notes he was writing about them. That the police failed to include it in their inventory of seized goods just goes to show they weren't seizing evidence against the suspect. Instead, they were covering up their own actions.

    265. Re:sure it is by Keith_Beef · · Score: 1

      Four legs good - two legs better

      Four legs good - two legs better

      ...

      Four legs good - two legs better

      Four legs good - two legs better

      K.

    266. Re:sure it is by Jarik+C-Bol · · Score: 1

      Ah, no. At my school, the campus police are apparently under the direction of the state police, as is is a 'state university' which apparently renders unto them more powers than the local city police. scary huh?

      --
      I've decided to Diversify my Holdings. I've divided my cash between my left and right pockets, instead of all in one.
    267. Re:sure it is by Thing+1 · · Score: 4, Interesting

      I could be wrong but I think in many cases the money received by states for vehicle registration (and possibly inspections too) go towards paying for varies levies and funds, similar to the majority of a speeding ticket goes to pay for things for schools and only a small portion of your ticket is the real fine. But I do agree with you on the other items you listed.

      While not disagreeing with you, I do very much disagree with the way that we keep increasing "taxes" through other means, which are not directly called "taxes".

      The punishment should fit the crime. Speeding is "essentially" a thought crime; unless and until there is a collision, there is no victim (yes I understand that "people were put at risk"). Crimes without victims should be immediately removed from the books, to help improve the economy.

      (This got a little confusing; what I was getting at is speeding fines tend to be much higher than they really should be based on the amount of damage that the speeder actually caused (i.e., none); and one reason for the increase in speeding fines is to pay for other, completely unrelated, political agendas. Then it morphed into my response to the evening news that Mass has a huge shortfall to recover from, and will be raising taxes, pulling over people whose "speeding" is closer to "2 or 3 mph over the limit" instead of 10, reducing services and salaries (Deval Patrick said he'd even take a pay cut); my response was a simple three words: "legalize victimless crimes" -- remove the mafia incentive to buy and sell drugs and prostitutes, and we'll all be a lot better off, just as re-legalizing alcohol drastically reduced mafia influence back in the 1920s.)

      But, since that doesn't support our prison economy, or the legislative drive to impose harsher and longer sentences (see article on the added "sophistication" charge of using a proxy), it'll never happen.

      --
      I feel fantastic, and I'm still alive.
    268. Re:sure it is by reddburn · · Score: 1

      I said nothing about "liberty." I did imply, however, that people needed to learn to think and speak for themselves. To "understand" something means that one can move beyond the quotation and into interpretation. What a dullard.

      --
      "Those who believe in telekinetics, raise my hand" - Kurt Vonnegut, Jr.
    269. Re:sure it is by reddburn · · Score: 1

      I wasn't criticizing you, just the original offender. Quotation without interpretation shows me that someone hasn't bothered to truly make the effort to understand his position, which annoys me to no end.

      --
      "Those who believe in telekinetics, raise my hand" - Kurt Vonnegut, Jr.
    270. Re:sure it is by wish+bot · · Score: 4, Insightful

      God man, just go to Thailand and get around a bit in an unregistered car there. Then come back (if you can) and tell us that registration and inspections don't increase safety!

      --
      lemonade was a popular drink and it still is
    271. Re:sure it is by Thing+1 · · Score: 3, Informative

      Although somewhat off-topic, this is a good point to remind people that Microsoft actually did publish something to manage updates, called the Critical Update Notification Tool. The acronym reminds one of all the lovely names one used to call Windows 98, generally for the bugs that needed updating by this tool. :)

      --
      I feel fantastic, and I'm still alive.
    272. Re:sure it is by burroughsj1 · · Score: 1

      Not to nitpick, but it wasn't an arrest. Rather it was a search for evidence of criminal activity. Taking a sticky note detailing the search is obviously not part of the investigation of the crime. Clearly the only motive would be to prevent documentation of their activities, or mere spite. Either is unprofessional and somewhat disturbing, since it is not functionally (note I didn't say legally) different from theft or destruction of property. I say that, since it wasn't listed on his receipt, which means he'll never get it back and it won't be used for anything. When you stop to consider the actual circumstances, your comment seems less witty, and more ignorant.

      --
      Suse vivo vixi victum reduco is ea id creatura absit decessus a facultas Linux! Dev root, dev root!
    273. Re:sure it is by ImNotAtWork · · Score: 1
      Incorrect ITT does offer a B.Science in CJ

      citation: http://www2.itt-tech.edu/onlineprograms/bs-cj.cfm

      --
      open source sub sim. I might start coding again for this. http://dangerdeep.sourceforge.net/contribute/
    274. Re:sure it is by ImNotAtWork · · Score: 1

      http://www2.itt-tech.edu/onlineprograms/bs-cj.cfm says different (sorry if double posting) it did not show up first time and after a reload of the page.

      --
      open source sub sim. I might start coding again for this. http://dangerdeep.sourceforge.net/contribute/
    275. Re:sure it is by Quothz · · Score: 1

      Now, maybe you're in the U.K. or somewhere in Europe, but my understanding is, at least in the U.S., is that truth is an absolute defense. You can say anything about someone, no matter how malicious you use it, as long as it is true.

      Depends. In some states, that truth must be without malice to serve as a complete defense. Massachusetts is such a state.

      Now, if you've got case law or some statute law to the contrary I'd love to hear about it.

      Relevant statute: Mass. Gen. Laws ch. 231, section 92.

      Case-type law: Noonan v. Staples (.pdf warning).

    276. Re:sure it is by ishobo · · Score: 1

      They do not have to be reimbursed, it is called civil forteiture. It is a common tool used by enforcement agencies on both the federal and state level. The government sues the property not a person. The property owner is not a party in the suit. All the governement needs to do is establish probable cause that the property was used in a crime. It can be invoked without a formal criminal charge of an individual. The property owner acts as a third party to the suit and must prove that the item(s) are not subject to foreiture. It is a vile legal remedy, heavily used to fund enforcement agencies. Luckily, it is not used in many countries outside the United States.

      --
      Slashdot - The great and glorious cluster fuck of Internet wisdom.
    277. Re:sure it is by Repossessed · · Score: 1

      Um, no, the warrant does not cite any illegal activity. The only actual 'crime' he's accused of is creating a false profile in the defamed's name. This is equivalent to the Lori Drew case, where a civil matter is being made criminal on the justification 'he used a computer'.

      (That said, if this were a crime, the dns logs do show a Linux system accessing the adam4adam site, making that relevant to probable cause).

      --
      Liberte, Egalite, Fraternite (TM)
    278. Re:sure it is by Jesus_666 · · Score: 1

      OK, I'm awake and aware of the problem. Now what do I do?

      Die, rebel scum.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    279. Re:sure it is by camken · · Score: 1

      why oh why did my mod points have to expire yesterday?

      kudos to you sir.

      --
      Moo.
    280. Re:sure it is by pclminion · · Score: 1

      When it's libelous or slanderous?

      So now we have courts ruling that being gay is something to be ashamed of, something inherently damaging to one's reputation? I was not aware that the government held that opinion.

    281. Re:sure it is by andersa · · Score: 1

      Why do you have campus police? I mean, in Denmark we would just call the local police station (or 112) if there is a problem. Why do you need police on campus 24/7?
      Along the same line, I visited Tucson last year and was shocked to see a real police officer at the super market. It looked as if he was permanently stationed there, guarding the cash register lines.

    282. Re:sure it is by Logic+Worshipper · · Score: 1

      Lol. Stockpiling weapons while talking about assassinating the president is suspicious? I didn't know that (eyesroll). Your freedoms are violated! Go hide in your (mom's) basement, and post more asshole comments on UTube, 4chan and Slashdot. Soon the government will take your computer for running Linux! OMG! Run!

      Fuck skinheads and KKK terrorists. They are just a nasty variation on your garden variety asshole. Since humans are social they don't want to hate everyone, so they pick certain people they don't hate, and are violent assholes to everyone else. Law enforcement really aught to go after those motherfuckers.

    283. Re:sure it is by troll8901 · · Score: 1

      Don't understand the bold typeface. Which one are you saying?

      • Fedora Core has this new amazing thing called Live CD,
      • Boston College distributes live CDs, or
      • The college police doesn't know it's possible to boot from a CD?
    284. Re:sure it is by crazybit · · Score: 2, Insightful

      When they do a safety inspection on a car or on a house they normally tell you in advance when it will be (unless someone reported a violation), and they will check the engine/breaks/walls/stairs/etc, not mess around with what is on the glove compartment or your drawers.

      I think that is a bit different than cracking your door and seize your electronics because you use Linux.

      We also need to realize that the safety inspections might eventually save your (or my) life - that is where our rights end and other people rights and freedoms begin.

      --
      - Human knowledge belongs to the world
    285. Re:sure it is by mpthompson · · Score: 1

      Are you fricking serious? And someone modded your rant against cops as "Informative"? Sheesh, the Slashdot neighborhood sure has declined.

      Most cops are hardworking, decent fellows who go to work each morning to do a job most others won't and simply want to come home in the evening to their families. Equating cops with vermin worthy of extermination is beyond the pale. You must be a little man living a sad, sick life.

      Finally, what's this "other team" crap. We're all in this together and instances of police abuse diminish us all, particularly good cops just trying to do their job.

      Turn off the TV, put down the Wii controller, move out of your mom's basement and get a life.

    286. Re:sure it is by Durandal64 · · Score: 1

      And under Saddam Hussein's Iraq, everyone had an AK-47. What's your point?

    287. Re:sure it is by daniorerio · · Score: 1

      Good point, I wondered about this too. I lived in Boston for a year and realize it is considered perfectly normal in the States, but WHY is the normal local police not sufficient for a campus? Especially in say Boston College where the campus is located within the city? When I was there I never had the feeling that crime is so bad as to justify hiring extra police to do that job...

    288. Re:sure it is by Reziac · · Score: 1

      "Like the Byzantine Empire, with the ugly legacy of its name coming to mean incomprehensible, overly complex bureaucracy and treachery."

      Like California?? :(

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    289. Re:sure it is by Dan541 · · Score: 1

      Whoooosh!

      Theres allot of those going around lately.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    290. Re:sure it is by N1AK · · Score: 4, Insightful

      Crimes without victims should be immediately removed from the books, to help improve the economy.

      So does that now mean I can own any kind of weapon without bothering with a license? How about shooting at people but missing? Plotting for terrorist attacks that don't take place?

      really should be based on the amount of damage that the speeder actually caused (i.e., none)

      There is a good reason why fines aren't based entirely on actual damage, if they were then it would always be beneficial to break the rules as long as you get caught less than 100% of the time. If getting caught on a train without a ticket meant you had to buy a ticket at the normal price then it would never be worth buying a ticket.

      Sometimes fines can be used to dissuade people from committing dangerous acts, sometimes they can't. A decent justice system will factor in the effectiveness of using a deterrent.

      Finally, I don't see the reason for treating victimless crimes as a whole differently. Personally I would much rather see someone who doubled the speed limit past a school entrance at closing time and somehow didn't kill anyone get locked up than some stupid kid who thought it'd be funny to graffiti a wall.

    291. Re:sure it is by Reziac · · Score: 1

      Including Jack Bauer??

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    292. Re:sure it is by Simon+Brooke · · Score: 4, Insightful

      The punishment should fit the crime. Speeding is "essentially" a thought crime; unless and until there is a collision, there is no victim (yes I understand that "people were put at risk"). Crimes without victims should be immediately removed from the books, to help improve the economy.

      Speeding motorists kill more people, maim more people, and damage more property than all other criminals put together. Speeding motorists in Britain alone kill more people every single year than Al Quaeda have ever killed in any year. Speeding which does not result in a collision is not victimless; the right of children to play freely in the road, as was normal throughout history until the last fifty years, is infringed. The right of the elderly to walk safely to visit their friends or purchase their shopping, is infringed. The right of all citizens to use the public road as public space to be enjoyed, is infringed.

      No-one has the right to drive a ton of metal at 60 miles per hour in a public place; it puts everyone at risk, and severely diminishes everyone's freedom and safety. The community grants revocable licences to people deemed mature enough and responsible enough to manage a motor vehicle safely. A 'three strikes and you're out' approach to speeding - three offences and you never drive on the public road again - seems to me entirely reasonable.

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    293. Re:sure it is by VShael · · Score: 1

      Don't fuck with me. You don't know what I have seen in my life! I can rip your whole reality apart in seconds.

      Glenn Beck? I didn't know you were on Slashdot.

      Love the crazy eyes, man. Keep it up.

    294. Re:sure it is by LaskoVortex · · Score: 1

      The Troll rating of your post is proof positive that /. mods have no sense of humor.

      --
      Just callin' it like I see it.
    295. Re:sure it is by Rob+Kaper · · Score: 1

      Off-topic, but why live with a roommate you don't get along with? Wouldn't it be easier to move out and find another flat, or share yours to someone you actually like?

    296. Re:sure it is by RegularFry · · Score: 1

      That depends on the jurisdiction. It's not impossible for true statements to be libellous.

      --
      Reality is the ultimate Rorschach.
    297. Re:sure it is by Random_Goblin · · Score: 5, Informative

      Speeding motorists kill more people, maim more people, and damage more property than all other criminals put together.

      hyperbole doesn't help your argument

      the number of accidents where excessive speed is a factor is variously quoted by the police at anywhere from 10-15%

      "Nationally 13 per cent of all fatal casualties in 2007 were due to exceeding the speed limit."

      total number of road deaths in GB in 2007 was 2,946

      so we can assume 300 of those are speed related

      this compares with about 275 knife crime related deaths for the same period

      or 8,724 alcohol-related deaths in 2007

      even if you dispute the 13% figure and assume all road deaths are speed related, you may wish to see the number of drug related deaths for the same period

      The total number of deaths related to drug poisoning in 2007 was 2,640

      speeding may not be a very safe or desirable activity, but to suggest it is the most dangerous criminal activity is disingenuous at best

    298. Re:sure it is by VagaStorm · · Score: 1

      If the manager is allowed a filthy kitchen, it would take away your freedom to eat without worrying what you will catch this time. Same goes for all your examples. I think thats more about prioritizing freedom rather than sacrificing it.

    299. Re:sure it is by SharpFang · · Score: 1

      Truth is absolute defense. Untruthful defamation is a subject of punishment. Any defamation is a subject of lawsuit.
      It's the same as with rape - the rare exception to "innocent until proven guilty". In this case the burden of proof of innocence is on the defense.

      --
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    300. Re:sure it is by flameproof · · Score: 1

      ...which annoys me to no end.

      Of course, it couldn't hurt if you stopped consulting that oversized, mutant, Mr. Softee dildo strapped to your forehead before you left comments, too, you know.

      --
      ~Just as a thing fails if it lacks a kernel, so too it fails if it lacks a skin. ~ Rumi, Discourses
    301. Re:sure it is by OeLeWaPpErKe · · Score: 1

      That's exactly what the story alleges. The idiot got the attention of the authorities, not by running a VM, but by getting caught in the act.

      Then they failed to find traces of said act on his machine, and a VM they couldn't access.

      Specifically what you say is blatantly contradicted by the article. They did NOT search for users of this technology, they searched for criminals and found a user of this technology.

      It's like catching a murderer with a gun. You could say that they looked for anyone with the guts to defend himself, with a gun. But really, let's give these people the benefit of the doubt.

    302. Re:sure it is by Hognoxious · · Score: 1

      You're confused. Defamation is an umbrella term for both libel and slander.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    303. Re:sure it is by Jawn98685 · · Score: 1

      Cue the "hate crime" debate in 3...2...1...

    304. Re:sure it is by Khazunga · · Score: 2, Insightful

      so we can assume 300 of those are speed related

      On the contrary all of them must have been speed related. Stationary cars kill no-one.

      And herein lies the confusion between cause and condition. Speed is rarely the cause for an accident. It is always a condition. The trick is, acting on causes has much better effects than acting on conditions.

      You have a simplistic view, which I don't hope to change. Please take my opinion as a call for more information. Go read on best cases in death toll reductions in Europe (Portugal's IP5 road comes to mind). Hint: The action focus was not speed.

      --
      If at first you don't succeed, skydiving is not for you
    305. Re:sure it is by DustyShadow · · Score: 2, Informative

      Other than making the parents of incoming students feel better about letting their students go, it's probably because the schools are pretty large. My undergraduate school has over 35,000 students. That is bigger than some cities.

    306. Re:sure it is by Terrasque · · Score: 1

      actually, looks like he is the guilty one. Page 9 and 10 on that pdf shows that :

      1. The ip address that was used to send the gmail mail - dhcp lease shows that a pc with the name bootleg-laptop (it was earlier mentioned that he use among others "bootleg" as login name), and that the system was "Unix Linux". Furthermore it is noted that he used a computer with that name on the network earlier.

      2. An ip logged as belonging to a pc called "calixtri-unbuntu" - a "Unix Linux" (which also was registrered on him earlier) was shown as accessing the site with the fake profile over several days.

      3. No other ip adresses was registrered as accessing the site the profile was on.

      --
      It's The Golden Rule: "He who has the gold makes the rules."
    307. Re:sure it is by Ogive17 · · Score: 1

      You have proof for that broad, demeaning statement? Were you beat up a lot in school and that bully ended up becoming a cop?

      If I had to generalize cops, I would say it was more of the opposite.. that people with self esteem issues through high school would be more likely to pursue a career in law enforcement. Deserved or not, cops typically command more respect than your average Joe walking down the street.

      Ever stop to think that cops become jaded very quickly because people automatically assume they are ass hats and treat them rudely because they were doing their job? Who's fault is it that you got pulled over for speeding? In today's society, since no one likes to take the blame for their own mistakes, it must be the bully cop.

      --
      "Action without philosophy is a lethal weapon; philosophy without action is worthless."
    308. Re:sure it is by mcvos · · Score: 1

      OK, I'm awake and aware of the problem. Now what do I do?

      Vote for the other guy! (Oh, you already did. I guess it'll fix itself now.)

    309. Re:sure it is by DrgnDancer · · Score: 1

      I stand corrected, twice. Sorry for my mistake, I was so sure that ITT didn't give BS/BA degrees that I didn't even look. I'd give back the mod point someone gave me it I could.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    310. Re:sure it is by Chyeld · · Score: 1

      Yes it looks as if he might have pulled a prank on the roommate. Looks. That however is a far step from proving that was a crime, as the EFF's lawyer's motion explains.

    311. Re:sure it is by Chyeld · · Score: 1

      Ever live in a college dorm? Compatibility is not the main criteria in determining where you get assigned. You might be lucky and have the option to swap rooms with someone, but if you have a dipshit as a roommate and everyone knows it, it's hard to convince anyone to trade with you (unless they are of the opinion that they aren't going to ever be in the room).

      And given the dorm room seemed to have been assigned to four people, if you get along with two and the third is a dipshit, do you move or do you try to make them move?

    312. Re:sure it is by Shakrai · · Score: 1

      Even worse, according to Die Hard 4, you can hack the entire nation with a cell phone.

      As long as you do so during nights and weekends. Those peak minute overages will kill you ;)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    313. Re:sure it is by Chibi+Merrow · · Score: 2, Insightful

      They did NOT search for users of this technology, they searched for criminals and found a user of this technology.

      Since when is sending an e-mail alleging someone else is gay a crime? At worst it's libel, which is a civil matter, not a crime...

      And what does a cell phone (much less an iPod) have to do with the investigation of this "crime"? Nothing... It's just harassment.

      Normally I'm all about giving police the benefit of the doubt, but that's when they're actually accusing someone of a CRIME.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    314. Re:sure it is by LanMan04 · · Score: 1

      Agreed. I attended both a public and private university in the US (IL and WI), and the campus cops were most certainly real cops. Guns, handcuffs, can arrest you, etc.

      --
      With the first link, the chain is forged.
    315. Re:sure it is by Chyeld · · Score: 1
    316. Re:sure it is by sjames · · Score: 3, Interesting

      I think people are reading it wrong. The student isn't a sus[pect because he uses Linux, he's a suspect because his computer has been identified as the one that was assigned the IP address that was used to create the fake profile on a gay dating site. The DHCP logs further show that the system was running Linux.

      Given that, the rarity of Linux use on the campus DOES legitimately contribute to the detective's certainty that he has the right guy, not because it's Linux, but because it's not what most of the students are using.

      HOWEVER, none of that is what the EFF is complaining about. The problem they have is that the charge is unauthorized access of a computer system. None of the carefully documented and reasoned evidence for probable cause points to that particular crime. Perhaps the harassing activities SHOULD be a crime, but since there's no prosecution for that, I presume that either it is not, or they're trying to inflate things by charging him with a more serious crime without appropriate evidence, possibly using the evidence of a much lesser crime as a license to go fishing.

      If the crime was the harassment of the student, THEN the warrant would be solid.

      The other problem is that even given that, since all of the equipment is in a dorm, proving beyond reasonable doubt that the owner is the one who used the computer(s) to commit the crime would be unlikely at best.

      The other problem is that at least some of the items taken cannot possibly be relevant. For example, his cellphone would not be the UNIX computer that obtained the IP address over a wired ethernet connection, so why was it taken?

      The larger issue is the handling of computer evidence in general. Law enforcement has a long history of sweeping in and taking anything that uses electricity (battery or plug in) when they execute a warrant for computer evidence.

      Effectively, they send the suspect back to the early '70s with not so much as a solar powered 4 function calculator to his name. Then, even though they could expertly image all hard drives and flash content byte for byte sufficiently to document a crime, they tend to hold on to the actual hardware for a considerable period of time. The suspect (who is to be presumed innocent) is then left unable to work or communicate for a long period of time. (no computer and no cellphone for a C.S. major with a job in IT for example).

      While it's understandable that by it's nature law enforcement must impose itself on citizens who have not yet been (and may never be) found guilty of a crime, that imposition must be kept to a minimum in a free society. That means bending over backwards to not leave a person unable to work or communicate for indeterminate periods, especially when it is possible to avoid (and it IS possible by imaging the devices quickly and returning them within a day). If court evidence requires that they examine the originals, they could easily image the hard drive and return the laptop with the copy installed, keeping the original drive for evidence. If it's not worth $100 for the police to do that, they probably shouldn't be pursuing that suspect at all.

      The EFF is concerned about all of that as well.

    317. Re:sure it is by lwsimon · · Score: 2, Informative

      Not even close to true. Iraq had very strict regulation on civilian possession of small arms.

      --
      Learn about Photography Basics.
    318. Re:sure it is by lwsimon · · Score: 1

      I'm completely aware of the legal means they used, and I'm not claiming what they did was inconsistent with the law.

      Its immoral, though, and exactly what our founders tried to prevent with the 4th amendment to the Constitution.

      --
      Learn about Photography Basics.
    319. Re:sure it is by lwsimon · · Score: 2, Funny

      Hey, I'm with you. I buy as many as I can afford. I also watch the streets carefully everywhere I go, but I've not found one yet on the street. I'll keep looking.

      --
      Learn about Photography Basics.
    320. Re:sure it is by davecrist · · Score: 1

      You forgot 'The Gay'.

    321. Re:sure it is by SCHecklerX · · Score: 1

      Perhaps, but when a 2 lane road at 50mph with no passing goes to a 4 lane road at 30mph with a dashed-white passing lane outside of a town's limits, that's just a speed trap, and an abuse of the "law" for profit by the government. I love commuting to Maryland. *blah*.

    322. Re:sure it is by sjames · · Score: 2, Informative

      According to the EFF, he is being investigated for 'unauthorized access of a computer system'.

      There is significant evidence for harassment of the former friend, but very little for the crime he is being investigated for. That's why the EFF has a problem with this.

      Law enforcement is not supposed to use evidence for something they aren't pursuing as an excuse to get a warrant to investigate something else (a practice known as a fishing expedition). All they have for the crime they're actually pursuing (presumably the grade changing) is someone who says they saw him do it once.

      I read TFA and the full warrant.

    323. Re:sure it is by Nukenbar · · Score: 1

      I'm sure many of them still are.

    324. Re:sure it is by Kjella · · Score: 1

      This is Slashdot, we know.

      Shouldn't that be "This is Slashdot, so the disclaimer is neccessary..."?

      --
      Live today, because you never know what tomorrow brings
    325. Re:sure it is by intheshelter · · Score: 1

      You Godwin's Rule Nazi!! On an unrelated note. . .. why are the Slashdot Nazi's timing when I hit reply versus when I hit submit? WTF business is it of theirs how long it takes me to write my comment? That sounds like something Hitler would do!!! Sorry, couldn't resist. On the flip side, I am hereby inventing Brian's Rule which states, "As a Usenet discussion grows longer, the probability of someone ranting about Godwin's Rule approaches 1."

    326. Re:sure it is by cayenne8 · · Score: 1
      "The Troll rating of your post is proof positive that /. mods have no sense of humor."

      I think occasionally, a bunch of militant, politically correct, over sensitive gay guys get mod points, and mod anything down even remotely negative to gays.

      I guess that pretty much negates having a sense of humor about most things...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    327. Re:sure it is by sexybomber · · Score: 1

      Campus Police != Police. Anyone who's been on a college campus knows that.

      Not true at state schools. In New York, not only are they real police, they're State Troopers, who can, and will, arrest you.

      Also not always true at private schools. My alma mater (Ithaca) is patrolled by rent-a-cops, but that other private school on the next hill (Cornell) is patrolled by a special division of the Ithaca Police Department.

    328. Re:sure it is by elrous0 · · Score: 2, Insightful

      As a sane and law-abiding citizen, I want the gun in my hand when the shit hits the fan, thank you very much. I don't want the gun in the hands of the nut or the criminal--but since when has the nut or criminal obeyed the law?

      And I'm not some right-winger either. I'm a liberal--a liberal who knows he can't trust the cops to either protect him from the nuts/criminals or to not abuse their power. Now of course, the cops and government don't want YOU to have a gun. If they're the only ones with them, they'll have *all* the power with absolutely nothing to check it.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    329. Re:sure it is by sexybomber · · Score: 1

      Finally, what's this "other team" crap. We're all in this together and instances of police abuse diminish us all, particularly good cops just trying to do their job.

      What, all four of them?

      Seriously though, while I certainly agree with you that there are good cops out there (I know a couple myself,) they're definitely in the minority. The very nature of the job (exercise of power over others) tends to attract sociopaths.

    330. Re:sure it is by Alarindris · · Score: 1

      You don't need a license to own a gun.

    331. Re:sure it is by sammy+baby · · Score: 1

      Were you beat up a lot in school and that bully ended up becoming a cop?

      Not that I'm endorsing his statement, but: the one guy I went to high school with who ended up in law enforcement constantly threatened me, and once came within a hair's breath of hitting my eye with the point of a thrown pencil. He was a putz, and it embarrasses me to this day that I both feared and respected him at the time.

      Anyway, random anecdote. I've met and worked with a few folks in law enforcement since then, and they've never been anything but good guys trying to do a good job.

    332. Re:sure it is by Slightly+Askew · · Score: 2, Insightful

      Well, the hard part is finding the Command Line Interface Terrorist.

      --
      Public use of any portable music system is a virtually guaranteed indicator of sociopathic tendencies. -- Zoso
    333. Re:sure it is by Random_Goblin · · Score: 1

      What hyperbole? I stated a fact.

      oh dear, no you didn't you made an unsupported assertion

      Indeed. There is a difference between 'exceeding the speed limit' and 'speeding'.

      actually no there isn't, that's exactly what speeding means under UK law

      you may well be mistaking it for driving faster than the conditions allow, but that would be classed as reckless/dangerous driving, not speeding

      On the contrary all of them must have been speed related. Stationary cars kill no-one.

      oh dear you are really reaching now aren't you , so in effect you are now defining speeding as any form of moving... which is a trifle contrived since this is pretty much the raison d'etre for a vehicle

      Drinking alcohol is not, in itself, a crime.

      i never stated it was, however the death by drink figures put the death by cars figures in perspective...

      the death by knives figures however are crime related and are on par with the number of deaths caused by speeding as defined by the police, i notice you ignored that point

      i am full aware the drugs deaths included paracetamol poisoning ... all 242 of them, which again is about the same number of people killed by speeding, by the police's estimates

      however the significant majority of the deaths ARE caused by illegal drugs, which puts the lie to your assertion that speeding causes more damage than ALL other criminals COMBINED

    334. Re:sure it is by Jaysyn · · Score: 1

      Yeah, I've probably watched a grand total of 5 hours of TV so far this year, so I would have missed that. On top of that, I'm at work during the time when they'd probably be advertising (to unemployed people).

      --
      There is a war going on for your mind.
    335. Re:sure it is by Jaysyn · · Score: 1

      I screwed up in my first post. I should have said Associate's Degree, not Bachelor's.

      --
      There is a war going on for your mind.
    336. Re:sure it is by Joe+the+Lesser · · Score: 1

      You clearly don't understand what a victimless crime is.

      A victimless crime is one where there is no known potential for unwanted harm to come to another person.

      Shooting at people and missing obviously does not qualify, since missing is based on your ability, which we can not trust. Same with most traffic violations.

      Smoking pot in your bedroom with the door closed does qualify, only you are directly affected by any negative consequences.

      --
      "I only speak the truth"
      Karma: null(Mostly affected by an unassigned variable)
    337. Re:sure it is by radtea · · Score: 1

      Sadly, that's not the case, which what makes possible to be defamation call "nigger" someone depending on circumnstances, even if he is black skinned.

      Can you point to any case law on this? A quick google turns up this link:

      http://www.slate.com/id/2212339/pagenum/all

      which discusses mostly celebrity responses to public statements that they are gay. The little bit it says about skin colour suggests that the it would no longer be considered defamation in the U.S. to say someone has dark skin.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    338. Re:sure it is by asdfndsagse · · Score: 1

      The warrent is posted right here. RTFA before making such vague claims.

      If you would just read it you would notice that the entire affidavit is just a list of cursory accusations against the student (Calixte) and does not show probably cause for anything that is a crime. The main accusation is that sending email to a open list server is somehow a willful violation of security, and even those accusations are made in a way the side-steps the question of weather any such activities are illegal.

      RTFA, for example here, before making such cursory judgments.

    339. Re:sure it is by stubob · · Score: 1
      --
      Planning to be moderated ± 1: Bad Pun.
    340. Re:sure it is by Khyber · · Score: 1

      "Then come back (if you can) and tell us that registration and inspections don't increase safety!"

      Someone obviously hasn't lived in SoCal.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    341. Re:sure it is by theillien · · Score: 1

      I don't find it particularly scary. It's more retarded than anything. It is an example of pure outlandishness and I don't see it going too far.

    342. Re:sure it is by sumdumass · · Score: 1

      But when someone tries to twist the words of Ben Franklin to suggest it's okay to trade some liberties for some safety, as long as they aren't those select few essential ones you know, then I've got a problem.

      That's exactly what was meant by the statement. He is specifically saying Pay attention that you don't throw what you hold dear or consider essential away for something that won't last but makes you feel safe.

      The comment was made knowing that people want security and safety from that which they cannot control. He was warning that the ultimate price is your freedom so you should only trade it for what is permanently worth it and you should trade only what is necessary to achieve that goal.

      To claim that it means never surrender any freedoms is just as much of a perversion as saying only secure what is essential.

    343. Re:sure it is by Chris+Burke · · Score: 1

      They didn't have the FDA and similar agencies back then. "Liberty" and "freedom" aren't the same thing, by the way, and the right to serve people food in unsafe conditions is only "freedom" if you use an anarchic and sociopathic definition of "free".

      --

      The enemies of Democracy are
    344. Re:sure it is by default+luser · · Score: 1

      The crime rate is only low because the police are there (if you took them away, crime would skyrocket). The reason is two-fold: one, you have a bunch of unruly teenagers who don't know each other, and have never had this much freedom. If you give them too much freedom, they will turn destructive (knew enough bored college kids who got away with quite a bit despite large security forces). Second: townies and college idiots don't mix nicely; townies tend to commit more crimes near campuses.

      Since an area as large and densely-packed as most US state universities qualifies for a police substation anyway, you might as well mark it as "campus police."

      --

      Man is the animal that laughs.
      And occasionally whores for Karma.

    345. Re:sure it is by drachenstern · · Score: 1

      Wait, what? Are you seriously considering that we don't advise people to do regular routine maintenance on their own vehicles? That's what the drivers of the world did up until the last 20 years or so. If you owned a car, you checked your own fluids, brakes, etc, or you paid someone to do it, regularly. Used to be a time when a person (male or female) would get derided for not knowing how to do basic car maintenance. How many "old guys" do you know that change their own brakes? Now, how many "young bucks"? Most of the people around my age or a little younger don't know how to do basic car maintenance, and this includes changing their own oil, replacing their own brakes, etc. Yes I know how, because my grandfather made me learn on some old rust bucket trucks. I'm glad for that now, because the only hassle when I go for my "annual inspection" is the hassle of pulling out my checkbook and the wait while they "work".

      So advocating that we should have mandatory annual inspections on our cars to find the potential glitches is just more of the government doing the jobs that people should do for themselves.

      And as for "forcing people to fix those faults saves lives", I only apply that to the lives of the "other parties" in those accidents. For all those who don't have the time to learn how to use the tool that they depend on every day, and would rather sacrifice their own safety for the extra fifteen minutes a week they could be spending on facebook (or whatever), I don't personally care for their safety. _I_ check my own fluid levels, tire pressure, tread depth, and brakes. _I_ monitor my car and watch the indicators so I know when there's a leaky seal on the gas cap big enough to cause a problem. (I've pulled one thing from the inspection that I know that they do that has some relevance. For this one thing alone, I say, perhaps we need better methods of regulation, but annual inspections is that regulation? One could conceivably go 11 months without knowing there was a bad cap, which is a lot of leakage.)

      Now, if the inspectors checked my car's body frame for potential damage, or had some way to inspect the CV joints that I can't, or if they tested the seatbelt locking mechanism or airbag deployment, then perhaps it might be a good idea.

      But you really think that government enforced business promotion is a good idea? (Hint: I've not got a state agency run shop that I can take my car to hear for the inspection, they're all done by private enterprise.) Where's the government mandate that people have to purchase my product or service annually? I would charge only 19.95 for my service, instead of 38.45 (or whatever $[bogus number] inspections cost around here)!!! While we're at it, can I get a federal mandate for people to purchase imaginary products from me monthly at rates I randomly set, while not providing a tangible service 1 time in 3? (Hint: I'm lambasting insurance. Not saying it's not important, just, there's that whole aspect of the government forcing me to pay a company for something I probably would never need. I know, that word probably changes the game. I get that. I'm talking about why isn't it a government run institution if they're so adamant about it. But now we're talking socialism, and hell, the gov't can't even run a brothel and sell whiskey to make a profit)

      --
      2^3 * 31 * 647
    346. Re:sure it is by mpthompson · · Score: 2, Interesting

      My experience with cops is that they are a pretty good cross section of the general public. Their biases and technical capabilities tend to be representative of the community they come from.

      If geeks feel that cops lack proper technical capabilities to effectively understand and deal with tech related crime then I recommend they become cops themselves. However, I know that by and large that is not going to happen. Being a cop is very much a blue collar profession where you have to deal on a day-to-day basis with people the rest of us step over on our way to work to our cushy IT jobs -- well insulated from lowest classes of society. Most people with the skills to enter the white collar world would not even consider a blue collar job and I appreciate the few willing to do so.

      Cops adopt a certain demeanor as a matter of survival and keeping some sanity in dealing with the insane situations the rest of "polite" society likes to pretend doesn't exist. Labeling a cop a sociopath because of this demeanor demonstrates a complete lack of understanding of the way the real world works.

    347. Re:sure it is by Chris+Burke · · Score: 1

      The comment was made knowing that people want security and safety from that which they cannot control. He was warning that the ultimate price is your freedom so you should only trade it for what is permanently worth it and you should trade only what is necessary to achieve that goal.

      So you do think he was saying it is okay to trade that subset of liberties ("liberties", not liberty, i.e. not what he said) which are essential, so long as the safety gained is permanent? As in, if Massachusets had been able to permanently save themselves from the dangers of war, then it would be reasonable to give up their liberty?

      And you want to say this was Ben Franklin's point?

      LOL, no.

      All safety is temporary. All liberty is essential. Life is dangerous, and only worth living if you are free. That is the point.

      Stop getting Ben Franklin to shill for your worldview when the man was not about trading liberty for anything -- read anything else the man wrote and tell me it supports this interpretation of the singular quote. He sacrificed safety to gain liberty. If you disagree with his worldview, then just stop quoting him.

      --

      The enemies of Democracy are
    348. Re:sure it is by robogymnast · · Score: 1

      There was also something about performing "an illegal operation"

      --
      unzip ; strip ; touch ; grep ; find ; finger ; mount ; fsck ; more ; yes ; fsck ; umount ; sleep
    349. Re:sure it is by Darby · · Score: 1

      Most cops are hardworking, decent fellows who go to work each morning to do a job most others won't and simply want to come home in the evening to their families. Equating cops with vermin worthy of extermination is beyond the pale.

      That's obviously a bald faced lie. Most cops are fucking scum, doing a job that is completely illegal and immoral. The very fucking rare cases of cops actually enforcing sane, constitutional, laws are the exception, not the rule. I defy you to counter that fact.

      Most of their time is spent enforcing laws, such as drug laws, which have an entirely negative affect on our society with no even purely theoretical benefits even possible. Our laws are written *primarily* to benefit the prison industry, the pharmaceutical industry, the military contractors etc. So the people enforcing those laws are the enemies of the American people by their conscious, active decision, so how do you attempt to make your position sane? They are the willing servants of the enemies of the people, yet according to you somehow *magically* they are still able to remain decent people even after choosing a life of serving evil. That's batshit insane, Sparky.

      Finally, what's this "other team" crap. We're all in this together and instances of police abuse diminish us all, particularly good cops just trying to do their job.

      Wow, you're completely out of touch with reality, aren't you? You know what the owner of a private prison company does when he wants to increase his profits at the public expense? He bribes your elected representatives to create a new law to make innocent people criminals, so the scumbag can be paid for locking them up. Or maybe he bribes your elected officials to add known failed systems like 3 strikes. Now look at traffic cameras, big pharma and the rest of the enemies of the American people.

      They are not on your side, they are not on my side. They have openly declared themselves to be at war with the citizens of this country. So, it's not crap, it's a blatantly obvious fact about how the world works *and had always worked* meaning your ignorance of such undisputed and obvious facts is a very serious flaw in your reasoning ability

      Turn off the TV, put down the Wii controller, move out of your mom's basement and get a life.

      Coming from somebody who has proven themselves beyond the shadow of a doubt to be deeply ignorant of the most basic facts regarding how our system works, that's really amusing.

      Police abuse is only possible because all the other cops are fucking scum too. Police abuse is possible only due to the other cops and the entire apparatus covering up for the scum. All cops are dirty, there are no good cops.
      Now, I'll bet that I have far more experience than you do dealing with cops, seeing them at work etc. I have been hospitalized by cops and I have seen it whitewashed by the same type of scum you're defending. So, yes, I do have a life primarily outside my house. If I was a drooling idiot being programmed by the media, I'd be saying what you are, *idiot*. You are repeating the message of the media conglomerates and not demonstrating any independent thought or understanding of reality. It's truly frightening how delusional you are to be able to repeat propaganda claiming that I must be the one falling for the propaganda. I'd honestly hope I'd be able to kill myself if I was ever that fucking stupid. Seriously, you should look into it. It's clearly the only way you'll ever be anything but a liability to everyone around you.

      You don't have the foggiest idea what you are talking about and are obviously a deeply ignorant coward, too weak and fearful to look the world in the eyes. Juries made up of people *just* like you routinely let the worst of the worst of the pigs for atrocities because they are cowards, afraid to admit that their city has bad cops too. I've seen that happen in the face of every fact.

      Seriously, if you think it's possible for even a large fraction let alone most cops to be decent people, you have proven yourself to be so delusional that it's unlikely you're capable of rational thought. All you've managed to do so far is repeat propaganda, so you're clearly easily duped if you are capable of rational thought at any level.

    350. Re:sure it is by bishop32x · · Score: 1
      The guy is being accused of a lot of things, but the only evidence provided is from his room mate (the one he outed). Having read the warrant it sounds like the room mate threw the kitchen sink at him, accusing him of:

      -using stolen laptops

      -having "hundreds" of illegally downloaded movies and songs

      -being a hacker

      -jail breaking iphones

      -altering other people computers so that illegal files would be hidden (I'm not sure what this even means, the closest I can come is that he set up partition on other students computers)

      -telling his roomates about all the systems he's hacked into

      -Changing grades.

      Frankly it's ridiculous that they got this search warrant based on one morons testimony.

    351. Re:sure it is by wolenczak · · Score: 1

      ESC:wq!

    352. Re:sure it is by Warshadow · · Score: 1

      terrifying terrorist hacker nazi communist muslims from setting off a dirty bomb and infecting us with anthrax.

      Excuse me sir, we prefer the word "fascist".

    353. Re:sure it is by thesandtiger · · Score: 1

      Hey, is it any surprise campus security are afraid of Command Line Interface Terrorism?

      Given that most of the campus security are men, I'm amazed they can even find Command Line Interface Terrorists in the first place.

      "No, officer, the person you're looking for is upstairs a little bit - no, one more floor. And now one dorm-room to the right. No, your other right."

      --
      Since I can't tell them apart, I treat all ACs as the same person.
    354. Re:sure it is by Taibhsear · · Score: 1

      Indeed, at the college I went to (UIC) I use to laugh at the bike cops. Then I found out they were all sheriffs and had fully automatic weapons at the station for when they responded to a call. "Yes, sir. No, sir." after I found that out.

    355. Re:sure it is by fuckface · · Score: 1

      I would absolutely LOVE to become a cop. The problem is that completely disagree with far too many of the laws I would be sworn to uphold. If I could pick and choose which ones I needed to worry about I'd be first in line at the academy.

    356. Re:sure it is by linzeal · · Score: 1

      Ok, enough of the anecdotes.

      Domestic Violence in Police Families

      Sadism from police officers in dealing with children

      Racism in police forces across the US

      Sorry, don't have those problems with my engineering peers. Do you think anyone else could get away with this sort of shit, like pinning down 8 year old/54 lb girl and handcuffing her for wearing a hoodie with cow ears to class? We would never tolerate such individuals but it seems police departments are rife with them. I think they should be required to wear video and audio monitoring while on the job in all situations and be unable to arrest anyone unless they had those devices functioning. We will see very quickly what kind of people we are dealing with who choose to wear or hide behind the badge.

    357. Re:sure it is by volpe · · Score: 1

      Benjamin Franklin considered all liberty to be essential.

      That's ludicrous. The only system of government that considers all liberty essential is, by definition, anarchy.

      That's why he said "Essential liberty", not "Essential liberties". "Essential" modifies the concept of liberty itself, not certain particular instances of liberties.

      If the word is, as you seem to suggest, a qualifier, then it still distinguishes the essential from the non-essential. I'm much more inclined to believe that his usage was a matter of style, and that he was using "liberty" as a collective noun, like "sand", rather than to believe that he was advocating anarchy.

    358. Re:sure it is by Anonym1ty · · Score: 1

      In some parts of the United States, actual police officers can be hired privately in their off time to work as security guards. In many cases they are allowed to wear their official uniform. -Police officers in such places may never truly be considered "off-duty". In some municipalities, police officers may be required to carry their weapons in circumstances even when they aren't on the tax payers' clock.

    359. Re:sure it is by FormOfActionBanana · · Score: 1

      No, David Escalante the Director of Security for IT traced harassing emails(page 8) back to the accused. That part is not hearsay from the roommate.

      --
      Take off every 'sig' !!
    360. Re:sure it is by moortak · · Score: 1

      Such as Somalia.

      --
      Xavier Rabourdin for president 2012
    361. Re:sure it is by vikstar · · Score: 1

      Most insightful of parent post is that it was done anonymously.

      --
      The question of whether a computer can think is no more interesting than the question of whether a submarine can swim.
    362. Re:sure it is by himself · · Score: 1

      "Campus police tend to be on the lower end of the police officer bell curve."

      Pfft. I work at a small college, and our Safety & Security officers have a higher standard of training than we do in IT. :7) (Forty hours minimum of profesional development per year.) I'm a proud BC alum, and they do have real police officers there. Pretty good IT, too, and this surprises me.

    363. Re:sure it is by arekusu_ou · · Score: 1

      You jest but come on, hackers run their computer from command line. Why would a normal person ever run their computer from command line. It's obvious anyone who studies CS has the skills of a hacker and terrorists recruit those with skills like hackers and engineers.

    364. Re:sure it is by Chris+Burke · · Score: 1

      That's ludicrous. The only system of government that considers all liberty essential is, by definition, anarchy.

      If the word is, as you seem to suggest, a qualifier, then it still distinguishes the essential from the non-essential. I'm much more inclined to believe that his usage was a matter of style, and that he was using "liberty" as a collective noun, like "sand", rather than to believe that he was advocating anarchy.

      "Liberty" is not the same concept as "freedom", especially not in the sense you mean it, as in anarchy. Liberty is about your rights being respected, not about being "free" to make whatever choice pops into your head. You aren't "free" to go on a schoolyard killing spree, but you are still free. Only a sociopath thinks they have the "right" to do anything they may want to do, and that if they accept the law stopping them from doing it then they've sacrificed a "right" even though they would violate the rights of others*. A free society is one where the law exists to protect liberty, preventing both the government and subsets of the people from oppressing others. And here's the key: You don't have to give up any of your liberty to do so.

      Anarchy actually has much less liberty than our republic, because anyone stronger than you can deny you your liberty entirely. To the extent that this still happens in our society (which is a lot of course) it is a corruption of the system. The intent of the system was to attempt to provide the safety and safe guards to preserve liberty, and no more. Every one of them at the Continental Congress, Ben Franklin especially, was concerned with their own liberty, and thought that a stronger centralized government was the way to do this. And they were very literally concerned about their safety, they had only recently fought off the British. "A little temporary safety" would have saved lives, but Ben is saying that isn't worth it if it costs you liberty. That's the context of the original quote, a literal admonishment not to sacrifice liberty for safety.

      Which brings me to the grammatical argument. The word "essential" is a qualifier as in a modifier as in an adjective. In the phrase "essential liberty" it implies a sub-class of liberties that are non-essential as much as the phrase "painful pain", "necessary-for-human-metabolism O2", or "temporary safety". All safety is temporary, because life is dangerous and unpredictable. Using the adjective "temporary" is intended to remind you of that. Using "essential" as an adjective on "liberty" is the same.

      This is a theme throughout Franklin's writings. That's why you'll never find him using this quote or anything like it in defense of sacrificing some amount of liberty that you might describe as "inessential". Though it would be easy to disprove my thesis if you found such an example.

      * Or, lest offense be taken, libertarian, BSDL advocate, compulsive literalist, and other harmless folk trying to make points rather than actually feeling like they've lost some actual liberty, "inessential" or otherwise, by giving this up.

      --

      The enemies of Democracy are
    365. Re:sure it is by andersa · · Score: 1

      University of Copenhagen has more than that. I don't think anybody have ever thought that we needed a permanent police force on campus. Obviously the mentality is different. In my opinion the reason why this difference in mentality exists is important. It is a key factor in why USA is slowly but surely letting fear get the better of them and are handing over every freedom you have to the government in exchange for fictitious security enhancement. As I said I was in USA last year and in one of the Airports I was picked out for random security check. Although I dutifully submitted myself, I found the entire procedure laughable. The whole thing is set up to project an image of security that has no connection with reality. I think it is the same thing with campus police. You don't really need it, it's just there to provide reassurance against some imaginary threat. Of course, whenever there is a real threat, like a shooting, there is nothing you can do about it anyway.

    366. Re:sure it is by mcvos · · Score: 1

      Reading the actual warrent request is a hoot.
      http://www.eff.org/files/filenode/inresearchBC/EXHIBIT-A.pdf

      I just read it, and there is definitely a bit more to it than the EFF claims, although all evidence except for one bit is all testimony from the roommate.

      The most serious thing he's apparently done is change grades. It sounds to me like typical schoolboy fantasy hacking, but if he's done that, he's in trouble. Other than that, his main problem is that he has apparently illegally downloaded quite a lot of movies and music. The prosecution would do well to get the RIAA on their side, because this may be the only thing they have.

      Also, the email that outs the roommate as being gay has been traced to our hacker. Evidence is convincing enough (and not just dependent on statements by the roommate). No idea if that's illegal, though.

      Mostly it's just a disagreement between two roommates, and one of them got lucky by getting law enforcement on his side, and the other might be screwed for having illegal downloads on his machine.

      Ther last part of the warrant request looks really amateurish about his layman's opinion that people store passwords on their computer and about a sergeant who taught him some indisputable facts of computer crime, but I skipped most of that.

    367. Re:sure it is by Scarletdown · · Score: 1

      Of course! No one would admit to actually BEING a lawyer.

      Yet strangely, many of them will happily admit to thousands of total strangers here that they do anal. ;)

      --
      This space unintentionally left blank.
    368. Re:sure it is by GodLessOne · · Score: 1

      Command Line Interface Terrorism?

      Yes, CLIT is dangerous and must be licked!

      --
      Is it time to go home yet?
    369. Re:sure it is by dtobias · · Score: 1

      These days, lots of cell phones, iPod-like devices, and so on are capable of sending and receiving e-mail, so it's not such a big stretch after all. It's still a really stupid search/seizure, anyway.

      --
      --Dan
      Web Tips
    370. Re:sure it is by dtobias · · Score: 1

      The kid in War Games started with altering grades... and proceeded to Global Thermonuclear War!

      In Massachusetts in 2009, can calling somebody "gay" really be considered defamatory, given that it's a state that allows gay marriage?

      --
      --Dan
      Web Tips
    371. Re:sure it is by sumdumass · · Score: 1

      It would seem that you are doing the very thing that you accuse me of.

      Lets bring the context of the quote into play here and discuss when it can be attributed to Franklin. Please remember that when Franklin accepts attribution for the quote which had been around in various versions before he made it famous, was more or less a propaganda piece and he was using it to argue points of support for a law. In fact, Franklin when asked, claimed he published the quote for Richard Jackson but used it several times on it's own and in his own words.

      So when Franklin first accepts attribution for this quote was in February 1775 in a letter from the assembly as the reply to the governor speaking about the necessity to arm the Indians in the area because the french were arming Delaware and Shawanese Indian tribes "under the Pretense of restoring them to their Country". Those tribes were somewhat displaced by colonial "progress". At the time there there were basically three approached to dealing with the raiding Indians or as it was put at the time "Attacks of small Parties of skulking Murderers." One was to make friends with them through trade and whatnot in order to appease a peaceful coexistence. Another was to arm the friendly Indians in hopes that they could defend themselves and in the process defend the outlying dwellings that were being raided. The third was to create a standing militia and fund/arm then to confront the hostiles directly.

      There was a problem though, Philadelphia and Pennsylvania at this time was still more or less a for profit corporation as created by WM Penn. It functioned as what we would now consider a state government with a governor and an assembly but those were mostely appointed as what we would now consider CEO and a board of directors There was some elected positions but those could be overruled easily. The governor complained that the assembly didn't give him the power to establish a Militia to defend the colony and the assembly complained It lacked the authority to tax the people directly for anything other then sending to the kind or the heirs of WM Penn so it neither had the ability to fund a militia or start trade with the hostile Indians. The assembly wanted Penn's heirs (in England) to ante up for these costs, since they were the beneficiaries of income from the colony.

      Shortly after this argument went on, the governor landed the news that "The Enemy had fallen upon settlements at a place called the Great Cove, and slaughtered or made Prisoners" of the inhabitants. When Franklin actually allows this quote to fist be attributed to him, was after this news and sentiments towards the assembly turned sour and the assembly without the authority needed passed a grant of Sixty Thousand Pounds to be struck in Bills of Credit and paid for by taxes on all the Estates (real and personal) in the Province for four years (and yes, I quoted that from a book I have but I'm sure it can be found on the interweb somewhere). Anyways, the governor vetoes the grant saying he did not have the authority to tax the Proprietaries (i.e., the Penn family) and Franklin wrote a letter in response encouraging the arming of the friendly Indians. In this letter was the first usage on feburary of 1775 that Franklin allows to be attributed to him.

      Later, it was included in a book entitled "An Historical Review of the Constitution and Government of Pennsylvania". which has a copy of the letter, a version of the same quote before Franklin adopted it, and comments to Franklin's usages of it.

      Franklin was arguing in favor of arming the then friendly Indians and the governor made comments about it saying "The Governor then said that the Susquehanna Indians wanted guns to defend themselves with, and the colonists should immediately give them what they wanted or they would join with the French, not being able to defend themselves against a superior force."

      The comment was born in compromise or liberty and safety and it was used to trade liberty (an unconventional tax on the people themselves

    372. Re:sure it is by Rob+Kaper · · Score: 1

      Ah, I forgot about college dorms. They're not that commonplace here in Europe, some universities have a campus but in most cities students who don't live at home just share a flat/house right in the middle of the rest of society.

    373. Re:sure it is by Slightly+Askew · · Score: 1

      I'm sure nobody will ever read this now, but this was supposed to be acronym humor, not Insightful.

      --
      Public use of any portable music system is a virtually guaranteed indicator of sociopathic tendencies. -- Zoso
    374. Re:sure it is by kheldan · · Score: 1

      *sigh*
      If they think that running a dual-boot machine is a sign of someone engaging in illegal activities because you can allegedly "hide your activity", then I can imagine what they'd think if you booted from a Live CD, which doesn't write ANYTHING to the hard disk at all. That's what I'm saying.

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    375. Re:sure it is by mpthompson · · Score: 1

      Whatever man. Have as happy a life as your world view will permit.

    376. Re:sure it is by mackyrae · · Score: 1

      /me points to signature line
       
      Girl, see?

      --
      look! it's a bird, it's a plane, it's....a girl? yes, a girl browsing Slashdot on Linux
    377. Re:sure it is by Darby · · Score: 1

      Whatever man. Have as happy a life as your world view will permit.

      Which means that inside yourself you know I'm right but you're too weak and cowardly to man up and deal with the consequences of reality. Color me unsurprised.
      I pity you. A coward is the lowest form of humanity.

    378. Re:sure it is by Tuoqui · · Score: 1

      What didn't you get the memo? Anyone who uses technology is now suspected of witchcraft. The inquisition will deal with the criminals now.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    379. Re:sure it is by Tuoqui · · Score: 1

      Oh wow sounds like someone's never gotten caught in a speed trap before. Cops can be seriously corrupt bastards which is why the court system is in place to keep them in line. Basically if a cop parks his cruiser at the bottom of a hill noone will see him AND the added momentum of gravity from the grade pointing downward will INCREASE your speed despite possibly riding the breaks. Basically stacking the deck against you even if you are otherwise a fully responsible driver who never goes above the speed limit.

      Also the calibration on car spedometers tends to be off by up to I think 5 or so MPH either way meaning if a cop busts you for less than 10 MPH over the speed limit the judge will throw it out if you just show up at court and make this known.

      I'll agree with you that speeding on residential roads, school zones and heavily populated areas is probably not the smartest thing to do but if you are out on the road where there is no heavily populated areas then keeping up with the flow of traffic is best. In Ontario if you're on a highway the flow of traffic seems to prefer 120KM/h as opposed to 100KM/h (60 MPH roughly) which is what is posted.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    380. Re:sure it is by QuietObserver · · Score: 1

      "Liberty" is not the same concept as "freedom", especially not in the sense you mean it, as in anarchy.

      Very well stated. In my opinion, further evidence that freedom and liberty are not direct synonyms of each other can be proven using a statement based on the mathematical proof of a definition.

      Gaining freedom requires the presence of liberty, but gaining liberty does not require that you be free, merely determined to do all you can to become so. At least, that's the way I look at it.

    381. Re:sure it is by jellybear · · Score: 1

      Yeah, using linux is an inessential liberty, so it's perfectly fine to search anyone who uses it. Brilliant.

    382. Re:sure it is by mpthompson · · Score: 1

      Which means that inside yourself you know I'm right but you're too weak and cowardly to man up and deal with the consequences of reality.

      Not at all. It simply just isn't worth my time to argue with a raving lunatic advocating mass murder and extermination as a means of addressing social grievances. It's not being a coward, but rather just being discreet with my time.

      BTW, I'm absolutely certain your blood lust doesn't end with cops, but extends to killing many others you would deem as "undesirables" in our society as well (probably including people *just* like myself). I'm not certain where one would even find common ground to discuss the issue with you on a rational level.

    383. Re:sure it is by Maxmin · · Score: 1

      The punishment should fit the crime. Speeding is "essentially" a thought crime; unless and until there is a collision, there is no victim (yes I understand that "people were put at risk").

      Hey, that's a great idea! In the same way, my firing my 9mm pistol randomly out the window of my (non-speeding) car doesn't victimize anyone! At least not until some stupid shit moves in the way of my car^H^H^H bullet, er, that is.

      Crimes without victims should be immediately removed from the books, to help improve the economy.

      I can't wait for the bored, thrill-seeking hoods in my town to start speeding at even greater speeds down my residential street. 100 miles per hour, around the neighbors' kids playing ball, makes so much sense!

      Let us rejoice in your wisdom.

      --
      O lord, bless this thy holy hand grenade, that with it thou mayest blow thine enemies to tiny bits, in thy mercy.
  2. Rent-a-cops by Citizen+of+Earth · · Score: 4, Funny

    Do rent-a-cops have any power to seize property, or is this just a case of theft?

    1. Re:Rent-a-cops by Old97 · · Score: 4, Insightful

      Campus police are not rent-a-cops. They are real police. Sadly.

      --
      Very often, people confuse simple with simplistic. The nuance is lost on most. - Clement Mok
    2. Re:Rent-a-cops by Zarim · · Score: 1

      I thought only public schools had actual police, private schools had private security? Boston College appears to be a private school so they may be rent-a-cops.

    3. Re:Rent-a-cops by Yokaze · · Score: 4, Informative

      Why should they have the right?
      If I'm not mistaken, the Boston College Police Department consists of
      Special State Police Officers.
      That they were able to obtain a search warrant should be another indicator.

      --
      "Between strong and weak, between rich and poor [...], it is freedom which oppresses and the law which sets free"
    4. Re:Rent-a-cops by Anonymous Coward · · Score: 3, Informative

      Campus police are not rent-a-cops. They are real police. Sadly.

      Depends on your jurisdiction. On my campus, they have police powers, but only while on campus. Off-campus, they are regular citizens.

      A few years back 3 campus cops drove a campus police car to a nearby off-campus doughnut shop. While there, they noticed a driver weaving down the road. Suspecting a DUI, they turned on their flashing lights & siren, pulled over the driver, determined that the driver was impaired, then called the regular city police.

      The campus cops were reprimanded by management, because they were dressed like police officers, driving a police vehicle, and acting as police officers while they were just regular citizens (impersonating a police officer is a serious offence).

      I dunno what happened to the DUI offender due to the illegal traffic stop.

    5. Re:Rent-a-cops by Celarnor · · Score: 1

      Some schools have public safety officers who are also sworn police officers, and thus have full police powers.

      I'm not sure about Boston College, though.

    6. Re:Rent-a-cops by Anonymous Coward · · Score: 2, Informative

      No, they are not. In fact, the point of campus police is specifically to insulate the students from the real police. In some cases, to keep the students out of the regular justice system (e.g. underage drinking. Academic sanctions might be preferred to hanging a criminal conviction around a student's neck for the rest of their life.) If the "campus" police are more severe than the real police, then they're really not doing their jobs. They're supposed to be more present, to catch shenanigans while they're still cheeky and no one needs to replace a few units of blood.

    7. Re:Rent-a-cops by Chris+Burke · · Score: 1

      Rent-a-cops can still call Bust-your-face-a-cops. TFA says it was the state police that served the search warrant. So there you go.

      --

      The enemies of Democracy are
    8. Re:Rent-a-cops by nicolas.kassis · · Score: 1

      While that might be true where you are, Cops here are part of the city police force (not sure how the funding works) but they work mostly on campus have campus colors and a building on campus. Their jurisdiction does expand way beyond campus.

    9. Re:Rent-a-cops by winkydink · · Score: 1

      Boston College != Boston University

      That said the BC police have powers granted to them by the commonwealth. http://www.bc.edu/offices/bcpd/about.html

      --

      "I'd rather be a lightning rod than a seismometer." -Ken Kesey

    10. Re:Rent-a-cops by Colonel+Korn · · Score: 1

      Some schools have public safety officers who are also sworn police officers, and thus have full police powers.

      I'm not sure about Boston College, though.

      Some schools have public safety officers who are also sworn police officers, and thus have full police powers.

      I'm not sure about Boston College, though.

      In New Haven, CT, the city police go along with scams like towing companies illegally taking cars out of private driveways and parking lots at night in order to extort a return fee from the owners. The Yale Police, every bit as official and substantially more effective, are the only way to get cars back. Maybe they're

      --
      "I zero-index my hamsters" - Willtor (147206)
    11. Re:Rent-a-cops by techno-vampire · · Score: 1
      I dunno what happened to the DUI offender due to the illegal traffic stop.

      They could make a good case for it standing up, as the campus police appear to have made a citizen's arrest, then called the regular police to take the suspect into custody. For that matter, the stop may not have been illegal (IANAL). If it were, a reprimand from management would have been the least of their problems.

      --
      Good, inexpensive web hosting
    12. Re:Rent-a-cops by GMFTatsujin · · Score: 1

      I wouldn't be surprised if a condition of attendance of the school would be to sign papers to the effect of, "You walk the campus at our sufferance, and you agree that we can seize your property if we want to in the course of investigations done under the edict of our own authority."

      Standard Operating Procedure these days. Your school is paranoid of you, and you can't take classes until you justify their application of that paranoia.

    13. Re:Rent-a-cops by Sleepy · · Score: 2, Interesting

      Campus police are deputized.

      This simply means if/when they screw up, there's no one to hold accountable (except the University itself.. and as a student, do you REALLY want to go there??).

      They have the exact same powers as the Boston Police though, so it is the perfect job for candidates who crave authoritarian power, but did not pass the psych exam to be a real police officer. I honestly expected "taser" to be in the story.

    14. Re:Rent-a-cops by djcapelis · · Score: 1

      In the UC system the UC police are actually part of the state police. Which is a bit odd because California doesn't actually have a general state police force outside of the highway patrol and the UC Police.

      So they're actually one of the more powerful police systems in the state and their jurisdiction *trumps* that of the regular police.

      --
      I touch computers in naughty places
    15. Re:Rent-a-cops by int69h · · Score: 1

      Campus police in the state of Louisiana are state police.

    16. Re:Rent-a-cops by ring-eldest · · Score: 2, Insightful

      Been to a big state school, uh, ever? The "campus" police there are STATE COPS, who have more power and jurisdiction than the city police themselves. They're also better trained, and their hiring process is more rigorous.

      Although I've never had any major run-ins with them myself, the campus police around here tend to be a lot more strict than the city cops. They also tend to be a lot meaner; playing pretend crime with a bunch of 20something children gives them an arrogance that the ghetto-patrolling city cops just can't match.

    17. Re:Rent-a-cops by fwice · · Score: 1

      Why should they have the right?
      If I'm not mistaken, the Boston College Police Department consists of
      Special State Police Officers.
      That they were able to obtain a search warrant should be another indicator.

      Look at your link. Boston College != Boston University

      But, to that end, I believe BC does use staties, in addition to BU, while Northeastern, Harvard, and MIT do not.

    18. Re:Rent-a-cops by digitalgimpus · · Score: 1

      College campuses instituted the policy of "campus police" to keep their crime rates down. In most states they don't have to report crimes they handle themselves. If they have "security", they have to call the police if a student is raped, and that goes in the uniform crime report. If it's handled by school security, they can dismiss it as a hoax and it doesn't count. This is why college athletes are strongly encouraged to stay on campus. It keeps them out of trouble.

    19. Re:Rent-a-cops by arhhook · · Score: 1

      Campus police are not rent-a-cops. They are real police. Sadly.

      This is not true, my campus has one actual Police officer, the rest are rent-a-cops.

    20. Re:Rent-a-cops by voisine · · Score: 3, Insightful

      I know everyone likes to make fun of rent-a-cops, mall cops, fake bacon, etc... but I have more respect for them than real cops. Private security is providing a service that's valuable to a property owner who's spending their own money instead of yours. If they assault someone, they can even be held accountable. I'll take private security over a pig any day.

    21. Re:Rent-a-cops by Altus · · Score: 1

      actually, from my understanding, Boston College cops are State cops. This is because Boston College has campuses in more than one municipality. As a result, the cops cant just be Boston cops, or Newton cops, but are actually state cops so that they have jurisdiction over both campuses.

      Unfortunately I don't have any links to back this up.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    22. Re:Rent-a-cops by Fulcrum+of+Evil · · Score: 1

      Honestly, I'd be surprised if they made anything like that stick. It feels like something that crosses several lines about what you're allowed to claim in a contract.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    23. Re:Rent-a-cops by mister_playboy · · Score: 1

      The University of Nebraska system works the same way.

      --
      Do what thou wilt shall be the whole of the Law ::: Love is the law, love under will
    24. Re:Rent-a-cops by causality · · Score: 1

      The campus cops were reprimanded by management, because they were dressed like police officers, driving a police vehicle, and acting as police officers while they were just regular citizens (impersonating a police officer is a serious offence).

      So arrest them, prosecute them, seek the maximum penalty, and make an example of them in the media, since that is how a regular average citizen can expect to be treated for doing the same thing. Or have we already rejected the idea of "rule of law"?

      --
      It is a miracle that curiosity survives formal education. - Einstein
    25. Re:Rent-a-cops by sharkey · · Score: 1

      Special State Police Officers?

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    26. Re:Rent-a-cops by freedomlinux · · Score: 1

      Mod parent confused!
      While the Boston College PD likely consists of real police officers, the link you have given refers to the police at Boston University, which is a totally different institution.

      It is very easy to confuse colleges in Boston considering that there are about 25 of them ( http://education-portal.com/number_of_colleges_in_boston.html )

    27. Re:Rent-a-cops by wamerocity · · Score: 2, Interesting

      So I have a curious question, are there any circumstances where you can hit/kill a police officer in self-defense? For example, if a policeman was arresting you under false pretenses and using brutal force, could you strike back, or are you required to take it under any and all circumstances?

      --
      "Thank you for using Stop-n-Drop, America's favorite suicide booth since 2008"
    28. Re:Rent-a-cops by pimpimpim · · Score: 1

      I never understood the concept of campus police. I've seen several campuses all around europe, none of them had campus police, or even a branch of the normal police on site. Why did the US think them necessary and kept them in place? Must cost a lot, too.

      --
      molmod.com - computing tips from a molecular modeling
    29. Re:Rent-a-cops by Dhalka226 · · Score: 1

      It depends on what you mean. If you're literally being beaten as you're falsely arrested--and can prove that--then yes, you can probably get away with it. On the other hand, you can be DAMN sure that if such a case actually happened that the officer would be sure to charge you with resisting arrest with violence and assaulting a police officer, both of which I believe are felonies. At which point any damage you've done to him by fighting back would actually help his inevitable claims that the injuries you sustained were in the course of him trying to arrest you and you taking a swing at him. Better hope there are witnesses or cameras or both someplace, or--as silly as it sounds--that you got the shit kicked out of you so much that nobody would ever believe his retort. It's a lot like lawsuits; you might win, but do you want to go through the ordeal with the possibility you lose?

      Short of something like that, you'd probably best just keep your hands to yourself. Most courts won't be very sympathetic to you hitting a cop without some very extreme circumstances. Bad as it may sound, unless you're literally fearing for your life I'd think taking it is your best option from a legal standpoint.

    30. Re:Rent-a-cops by Khyber · · Score: 1

      State cops?

      In other words, highway patrol? Because that's the ONLY State-level police, then everything else is Federal.

      I doubt the HWP is going to bother with college.

      City and county-level cops I could believe more. The University of Redlands (private college) has local police.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    31. Re:Rent-a-cops by xycadium · · Score: 1

      College police officers are sworn law enforcement officers of the state in which they reside/have jurisdiction just like any other law enforcement officer of that state, be it the city/county or state level. That being the case, they have the same legal authority as any other peace officer of that state. I use to work for a college police department so I know a little bit about it. When you refer to 'rent a cop', you're meaning is of security guards, right? In that reference, they have no more rights than the average every day citizen, which isn't much except for citizens arrest. I worked as a security guard for some years too so I know a little bit about that as well. :)

    32. Re:Rent-a-cops by alexo · · Score: 1

      Or have we already rejected the idea of "rule of law"?

      Bingo!

    33. Re:Rent-a-cops by mcvos · · Score: 1

      Boston College != Boston University

      How many universities does Boston have anyway?

    34. Re:Rent-a-cops by ring-eldest · · Score: 1

      Yes, state cops as in highway patrol. If you go to the Boston College campus police page you will see that they are given authority directly from the commonwealth, and that even though their "jurisdiction" is the campus they also have authority anywhere else in the state (or in this case, commonwealth).

      You'll find most medium and large schools are exactly like this, especially those receiving federal funding.

  3. What is a regular "B.C. Operating System"? by rolfwind · · Score: 4, Interesting

    First time I ever heard that. Does Boston College suddenly come out with their own Linux Distro?

    1. Re:What is a regular "B.C. Operating System"? by Lovedumplingx · · Score: 1

      That's what I thought of too! "What the hell is the 'regular B.C. operating system'?"

      Then I realized that the cops are just retarded apparently and couldn't take the time to figure out what they were writing about.

    2. Re:What is a regular "B.C. Operating System"? by RetroRichie · · Score: 1

      Duh, it's OS X. They've just never fired up that Terminal thingy. What IS that thing??

    3. Re:What is a regular "B.C. Operating System"? by doomy · · Score: 4, Informative

      It's a mix of Microsoft Vista and XP with support tools (apps).

      Eg: http://www.bc.edu/offices/help/meta-elements/doc/articles/html/TR-mselearning.shtml

      --
      ...free your source and the rest would follow...
    4. Re:What is a regular "B.C. Operating System"? by johnny+cashed · · Score: 1

      If that were the case, my irony meter will explode.

    5. Re:What is a regular "B.C. Operating System"? by AlgorithMan · · Score: 4, Funny

      Never heared of Boston Software Distribution?
      errrmh...

      --
      The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
    6. Re:What is a regular "B.C. Operating System"? by stoned_hamster · · Score: 1

      what irony meter?

      --
      Smoking cures cancer. Smoking also cures stupidity. check darwinawards . com for some stupid stuff
    7. Re:What is a regular "B.C. Operating System"? by Anders · · Score: 1

      I thought it meant a really really old Operating System.

    8. Re:What is a regular "B.C. Operating System"? by raylu · · Score: 1

      Important: Microsoft e-Learning courses are currently experiencing two known issues:

              * When you log in, courses in multiple languages will display. Simply select English as the language, and only courses in English will display.

      How is that an issue...?

      --
      Maurice Wilkes, debugging, 1949
  4. when linux is outlawed..... by Shakrai · · Score: 3, Funny

    Only outlaws will have Linux ;)

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
    1. Re:when linux is outlawed..... by nurb432 · · Score: 1, Informative

      I know you meant it as a joke, but it may not be a joke for long.

      --
      ---- Booth was a patriot ----
    2. Re:when linux is outlawed..... by Shakrai · · Score: 1

      It's a circular argument and it has no merrits. And it's about as funny as a four legged horse.

      Ironically enough that four legged horse has a better sense of humor than you do. It can also spell the word 'merits' correctly ;)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    3. Re:when linux is outlawed..... by MartinSchou · · Score: 1

      Well, I am terribly sorry that my third language (Danish and German being the first two) is not perfect. But be that as it may, the "When $thing is outlawed only outlaws will have $thing"-meme is still a circular argument and it's still not funny.

    4. Re:when linux is outlawed..... by Shakrai · · Score: 1

      Well, I am terribly sorry that my third language (Danish and German being the first two) is not perfect. But be that as it may, the "When $thing is outlawed only outlaws will have $thing"-meme is still a circular argument and it's still not funny.

      Perhaps it's an American joke and you need to be an American to find it funny. Sorry you didn't find it so.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
  5. So Very Painfully Humiliatingly Guilty by eldavojohn · · Score: 5, Funny

    Judge: Would the prosecution give its opening statements in this case?
    Prosecutor: Ladies & gentlemen of the jury, I have every intent to prove to you today that the defendant is not only guilty but that the warrant application that granted us the right to acquire evidence practically wrote itself! Now, I am going to outline the warning signs that were evident in the days leading up to this case. I want you to close your eyes for a second and imagine your warm and fuzzy graphical (that's geek speak for 'good') user interface of Windows XP--that all you good Christian patriots use. Ah, the field of green with a blue screen and your well known icons and start menu where everybody knows your name and system tray with your favorite purple gorilla and application bar ... and uh--who's that over there?--it's Clippy!
    *pauses until he sees smiles cross the juries faces*
    Prosecutor: Now, imagine that all that is taken away and you're left with the cold dark nothingness of space--like before God created the earth. The heavens and stars aren't even there. It's nothing! And there, blinking unendingly, with no remorse or care for anything good is an intimidating cursor after some letters and symbols that no American could decipher. And as you type things like "I want to order shoes on Amazon" it responds only with the cold harsh words of the devil telling you that ordering shoes on Amazon is not a valid command. And Clippy? Clippy is dead.
    *takes a drink of water and smiles smugly as the jury begins to scowl*
    Prosecutor: And this is what the defendant used to send that e-mail. This ... this evil operating system is what hackers use. Maybe those hackers are the same ones that stole your credit card information? Maybe this operating system can only be understood by the criminally insane? I know I can't use it. It would be like me trying to read a book in German. You know who else spoke German? Hitler.
    Prosecutor: So you see, this warrant was basically granted from keystroke one after we found out that the defendant was using Linux--an operating system that encourages you to use a file sharing software to install it. The warrant is valid, I'm just asking you what else might have been done with Linux and its evil knowledge installed on that college student's head and computer. Your honor, I rest my case.

    --
    My work here is dung.
    1. Re:So Very Painfully Humiliatingly Guilty by Shakrai · · Score: 2, Funny

      And Clippy? Clippy is dead.

      You don't have to be computer literate to hate clippy. I think you just presented the defendant in a very sympathetic light ;)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    2. Re:So Very Painfully Humiliatingly Guilty by CaptainPatent · · Score: 1

      Judge: Would the defendant now give their opening statements?
      Defendant: Your honor, I've been a devoted American my entire life.
      *applause and praise from courtroom* In fact if you name a body part and a battle I've been shot in it, on it. Linux, like the American Flag represents freedom which I have worked hard to preserve. In fact I would give up any one of my seven wives - that's right, I'm a polygamist
      *Boos from courtroom"
      - to preserve the freedom they represent.
      *applause from the courtroom*
      Judge Given the evidence in this case I find the defendant not guilty.
      Defendant I won another case, I can't wait to tell my husband!
      *far louder boos come from the courtroom*

      --
      Well, back to rejecting software patent applications.
    3. Re:So Very Painfully Humiliatingly Guilty by kutuz_off · · Score: 1

      You got it all wrong.

      Judge: Would the defendant now give their opening statements?
      Defendant: Ladies and gentlemen of this supposed jury, this is Chewbacca....

    4. Re:So Very Painfully Humiliatingly Guilty by Idiomatick · · Score: 1

      ...And that starts with 'P' and that rhymes with 'T' and that stands for TROUBLE.

    5. Re:So Very Painfully Humiliatingly Guilty by ZX3+Junglist · · Score: 1

      (Score:6, Funny)

    6. Re:So Very Painfully Humiliatingly Guilty by jae471 · · Score: 1
      And the defense should respond with the Chewbacca defense:

      Defense Attorney: Ladies and Gentleman of the Jury, do you know else used Linux? Chewbacca. Now what does Chewbecca, a Wookie from the planet Kashyyyk, have to do with my client using Linux? I don't know, and I'm sure you don't either. But the fact of the matter is that you must acquit, because the Wookie Chewbacca used Linux while fight the Empire. Thank you.

    7. Re:So Very Painfully Humiliatingly Guilty by CodeBuster · · Score: 1

      Defense: Ladies and gentlemen of this supposed jury, this is Chewbacca...

    8. Re:So Very Painfully Humiliatingly Guilty by Serenseti · · Score: 1

      I think your point is that this article is all about misconception and narrow-mindedness, such as the fact that using Bittorrent at all is undeniable evidence that one is infringing copyright. I actually think this article fails to represent the actual claims, which are that he was actually infringing copyright and changing is grades. But the guy's roommate, who spilled all the beans, wouldn't have been questioned in the first place, had the police not been suspicious of Linux and double-booting.

  6. obligatory by Icegryphon · · Score: 1

    If linux terminals are outlawed, only outlaws will have linux terminals.
    I mean those people who use keyboards instead of mice are apparently not the norm,
    and therefore should be feared. Sheesh, the retard world we live in.

  7. It's Worse Than They Make It Out by Shuh · · Score: 4, Funny

    Apparently this "computer hacker" is also encoding his computer work in an obscure "binary code" of only 1's and 0's. It's obvious he has a lot to hide: his hard drive is filled with them!

  8. Probable Cause? by EaglemanBSA · · Score: 2, Insightful

    Really? Come on now, I own a rifle, does that mean I shoot people? I have strong encryption on my hard drive, does that make me a terrorist?

    In all honesty, my rifle, my 4096-bit encrypted hard drive, and the idea that I choose the best operating system or combination thereof that suits me as a consumer do nothing but support the idea that I am a law-abiding, dutiful citizen.

    People fear what they don't understand.

    --
    Quiz: True or False -- On a scale of 1 to 10, what is your middle name?
    1. Re:Probable Cause? by honestmonkey · · Score: 2, Funny

      The police will be by shortly. I mean, by your own admission:

      "Come on now, I own a rifle, ... I shoot people... I ...m... a terrorist"

      How much clearer can that be?

      --
      Everything you know is wrong, Just forget the words and sing along.
    2. Re:Probable Cause? by SirGarlon · · Score: 4, Insightful

      Really? Come on now, I own a rifle, does that mean I shoot people? I have strong encryption on my hard drive, does that make me a terrorist?

      No, but having those things mean you have the ability to do things the government doesn't want you to do. The easiest way to prevent crime is to take away everyone's freedom.

      --
      [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
    3. Re:Probable Cause? by Shakrai · · Score: 1

      In all honesty, my rifle, my 4096-bit encrypted hard drive, and the idea that I choose the best operating system or combination thereof that suits me as a consumer do nothing but support the idea that I am a law-abiding, dutiful citizen.

      Why do you need encryption if you have nothing to hide? Step away from the computer very slowly and place your hands on top of your head, you commie terrorist bastard ;)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    4. Re:Probable Cause? by InsertWittyNameHere · · Score: 5, Funny

      This is why I go to great lengths to prove I have nothing to hide...

      ...I always talk on my phone with speakerphone on. I have nothing to hide.

      ...If I have a dirty thought I yell it out. I have nothing to hide.

      ...When I use a public washroom I'm always sure to leave the stall door open. I explain what I'm doing as I'm doing it so that they know there isn't a weapon in my hand and my actions aren't a threat to them.

      ...I walk around wearing nothing but a trench coat and routinely open it in front of unsuspecting young woman. I want the world to know I have nothing to hide.

      Just doing my part to make the world a better place. Your welcome!

    5. Re:Probable Cause? by MozeeToby · · Score: 2, Informative

      This is more like if you were the only one in town that owned a rifle and someone was shot and killed with a rifle. Obviously the police would look at you as a suspect.

      The kid is accused of several things, including harassment which network logs show was done by a computer running Ubuntu. Since there were literally only 3 people in the dorm running Ubuntu, and the accused was the only one who knew the victem, it made him a logical suspect. Further investigation into the logs showed that both computers used in the harassment were registered to the accused kid. Questioning the victim and aquantances of the accused led to allegations of hacking into the schools grading system as well as illegal filesharing.

      This isn't just "OMG he uses Linux! Arrest him!" like the summary would lead you to believe.

    6. Re:Probable Cause? by hazem · · Score: 2, Insightful

      Really? Come on now, I own a rifle, does that mean I shoot people? I have strong encryption on my hard drive, does that make me a terrorist?

      The problem you have is that you expect the law and the legal system to be logical and based on verifiable facts. It's not. It's based on the law (that's an intentional circular reference).

      A good friend of mine recently finished law school and described one of her first lectures. The professor read out, "The law says an apple is round, red, and firm." She then held up a red rubber ball and asked, "THIS is round, red, and firm. Is it an apple?"

      Now, you and me, and most rational people would look at that rubber ball and say, "No, it's not an apple, it's a red rubber ball". However, we would be wrong. The professor then explained to the incredulous students that as far as the law was concerned, that it was indeed an apple because it met the legal definition of an apple. She followed that if they couldn't get their heads around that then they were probably pursuing the wrong profession.

      You might believe, and rightfully so, that your use of Linux and disk encryption makes you a smart citizen. However, in the eyes of the law, you are also potentially a terrorist or criminal, and that's simply on the basis of someone in a position of authority making that judgment. The police, prosecuting attorneys, and judges all live in a world of cognitive dissonance where a red rubber ball is also an apple. These same people are empowered to imprison you or even take way your life. If that doesn't scare you, I don't know what will.

    7. Re:Probable Cause? by stoned_hamster · · Score: 1

      i thought it would be faster to just shoot them..... (no, dont)

      --
      Smoking cures cancer. Smoking also cures stupidity. check darwinawards . com for some stupid stuff
    8. Re:Probable Cause? by Anders · · Score: 1

      In all honesty, my rifle, my 4096-bit encrypted hard drive, and the idea that I choose the best operating system or combination thereof that suits me as a consumer do nothing but support the idea that I am a law-abiding, dutiful citizen.

      People fear what they don't understand.

      Incidentally, you don't understand encryption if you believe that your hard drive is encrypted with a 4096-bit key.

    9. Re:Probable Cause? by spoilsportmotors · · Score: 1

      No, but having those things mean you have the ability to do things the government doesn't want you to do. The easiest way to prevent crime is to take away everyone's freedom.

      Actually the intent is to make everyone a criminal to further empower those in charge. They don't want to prevent crime, they want everyone to be a criminal waiting to happen.

    10. Re:Probable Cause? by Anonymous Coward · · Score: 1, Interesting

      Correction: The easiest way to prevent the populace from rising up and defending itself is to take away everyone's rights.

      This is an attractive option for all oppressive governments (and ALL governments which go unchecked by the populace become oppressive over time). The side-effect is that criminals take advantage of the unprotected, unprepared populace just the same way as the oppressive governments.

      This is why "statesman != politician", but "politician == criminal". We've bred a society that selects for voters who elect politicians instead of statesmen, and breeds far more politicians than statesmen anyways.

      Our downfall as a nation (US) has thus been assured. Now, it is only a matter of time.

    11. Re:Probable Cause? by EaglemanBSA · · Score: 1

      Incidentally, my hard drive is virtual.

      --
      Quiz: True or False -- On a scale of 1 to 10, what is your middle name?
    12. Re:Probable Cause? by SirGarlon · · Score: 1

      This is why "statesman != politician", but "politician == criminal".

      Buddy, if you think American politicians are criminals, you've had a sheltered life. My wife's great-grandfather was shot by Communists and thrown in a river just because he owned a business. In a totally different country, my great-grandfather's parents were murdered because they were nobility and the ruling nobility decided to seize their estates. 20th/21st century Americans? Small time at best. You don't know how good you have it.

      --
      [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
  9. What? by Jason+Earl · · Score: 4, Insightful

    You can get in trouble for writing an email saying that someone is gay?

    1. Re:What? by b0ttle · · Score: 5, Funny

      Not if you use windows.

    2. Re:What? by Celarnor · · Score: 3, Insightful

      Depending on who that someone is, yes.

    3. Re:What? by Chris+Burke · · Score: 4, Funny

      It's a violation of B.C.'s Friends of Gays policy. Too many emails mass-sent proudly proclaiming their friends' sexuality clogs the network, so they have to stop it.

      --

      The enemies of Democracy are
    4. Re:What? by Jason+Earl · · Score: 1

      I can understand the importance of such a policy. Controlling the exuberance of college-aged youth is an important civic duty for all of us. Still it seems somewhat excessive that criminal search warrants would need to be executed.

      By the way, your link was pure awesome.

    5. Re:What? by fermion · · Score: 1
      If boston college were a real academic institution where mature academically motivated people went to become educated in the purest sense it would not. Unfortunately this makes Boston College sound like many private religiously controlled high schools, where calling each other gay is a keen thing to do, and no one really knows what would happen if one left the closet. Normally Jesuits are thought of as people who provide exceptional education, but that may end when a person is gay. Otherwise I would see no reason why it would matter. I went to college many years ago, and no serious student cared who was gay or straight.

      I think the linux issue is probably an extension of the conservative conformity that often permeates such institutions. Why would anyone not be a christian? Why would anyone not read the bible? Why would anyone want to be gay? Why would anyone not use MS, the official OS. Why would anyone want to be different?

      I am sure that Boston College does not deserve to be bashed, but when you arrest a student for sending an email and being intelligent enough to effectively use a computer, it really makes your school sound remedial and low class.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    6. Re:What? by Jason+Earl · · Score: 3, Insightful

      I have actually read the request for the search warrant since I wrote this, and I now believe that the warrant was justified. What's more, I believe that this particular individual would be in trouble in any University in the nation. Besides evidence of harassment the warrant also showed credible evidence that this individual modified people's grades and dealt in stolen computer hardware (not to mention that he distributed copyrighted material illegally).

      I don't know that there is enough evidence to convict the guy, but there's enough evidence to seize his computer equipment. The fact that he is a student at BC has essentially nothing to do with it.

    7. Re:What? by Jorgandar · · Score: 1

      i dunno. Do you get in trouble? lets find out. you're gay. *hides*

    8. Re:What? by internerdj · · Score: 1

      Unless you boot into DOS mode, because who knows what crazy things happen on the command line.

    9. Re:What? by Workaphobia · · Score: 2, Interesting

      Apparently so. Slashdot seems to have grossly overlooked this key point, a hybrid cross between the myspace suicide precedent and slander/libel laws: Speech that would be shrugged off if it took place in person, amounts to unauthorized access to a computer network ("hacking") if it happens on a mailing list. This is a disgusting argument, and basically implies that almost all AC trolls could be arrested or their equipment seized, at the will of the police.

      First you make everything a crime. Then you decide which laws to enforce. Britain already does this for the purpose of getting free DNA samples from anyone they please.

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
    10. Re:What? by Workaphobia · · Score: 1

      A followup to my previous post: Reading through the warrant, there are specific accusations including iphone jailbreaking, circumventing invasive scanning software, and pirating software and movies. The guy he outed as gay was his roommate, who has worked with the police on an unrelated matter. The CS student also bragged about these activities to him, so he sort of dug his own hole.

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
    11. Re:What? by catman · · Score: 1

      Perhaps you should also follow at least one link on TFA and go here to hear the other side. Audiatur et altera pars, you know. And I wouldn't just take the statement of a disgruntled roommate that he'd cracked the grading system as probable cause without any further inquiry.

    12. Re:What? by Jason+Earl · · Score: 1

      I've read pretty much everything eff.org has to say about this. Sure, the most damning evidence comes from the roommate, but most of the evidence was corroborated by at least one other person.

      Quite frankly, even if his only crime was harassing his roommate with the email bombardment and the false profile at the gay website I personally think that he should be pulled up short. The fact of the matter is that, in the real world, actual criminals are often pulled up short because they upset someone they know and have trusted with their secrets. If we threw out all of the evidence obtained from search warrants based on "disgruntled" associates then we'd never catch any criminals.

      And I wouldn't just take the statement of a disgruntled roommate that he'd cracked the grading system as probable cause without any further inquiry.

      I am not saying the kid is guilty, but I do think that the accusation warrants "further inquiry." Once again, in the real world, that is going to involve seizing your computers and examining them. The question isn't whether the kid is guilty or not. The question is whether a search warrant is called for or not.

      Disgruntled or not the roommate's accusation is credible enough that the charge should be investigated. Which, incidentally enough, is why the judge granted the warrant.

      I think that the EFF does good work, on many fronts, but in this case I honestly believe that they are abusing my trust in their judgment. I am against warrantless wiretapping, for instance, but I am not against issuing search warrants for computer equipment that was clearly involved in a crime (criminal harassment).

    13. Re:What? by xycadium · · Score: 1

      Wow. I was taking a sip of coke when I read that and now my nasal cavities are burning from the coke coming out my nose! Thanks a lot man!

  10. Warrant was issued? by Joehonkie · · Score: 4, Insightful

    Don't forget that there's a judge that approved that warrant. He's just as much part of the problem.

    1. Re:Warrant was issued? by jfern · · Score: 1

      And Bush and Obama seem to think getting a warrant is too hard.

    2. Re:Warrant was issued? by Skapare · · Score: 2, Funny

      So are you saying the judge is gay?

      --
      now we need to go OSS in diesel cars
    3. Re:Warrant was issued? by blueskies · · Score: 1

      Did you read the warrant?

    4. Re:Warrant was issued? by Alien+Being · · Score: 1

      Really? Have you read the warrant application?

    5. Re:Warrant was issued? by TheCarp · · Score: 1

      I think we can have a simple solution here.... make all stages of illegal search criminal actions.

      Its the police's responsibility to do their jobs... that means legally aquiring evidence and bringing it to court. Its their responsibility to be sure they have enough evidence and the right evidence for a judge to make his decision. ANY manner of misleading in this case means they are going outside of their responsibilities, thus not doing their job. It is not their job to make illegal searches.

      Its the judges responsibility to look at the evidence, MAKE SURE HE UNDERSTANDS IT, and make a judgement on it...

      Then it is the police's job to execute the warrent....

      SO overall, I see someone didn't do their job. Someone was negligent to such an extent that civil rights were violated. Someone should be criminally liable. Without the due process set down in law, there is no difference between the police searching and confiscating your stuff, and any other armed gang. Without the due process of law, they should be treated as such they are.

      It sounds to me like it is the judge who deserves the blame here. He obviously didn't understand the issues, he should have sent this right back to the officer and told him to gather more evidence before he insults the court as such. He should have perhaps even considered holding him in contempt for wasting the courts time with such drivel.... not approved the warrent.

      Of course, after reading the motion to quash, it sounds like the Police also hold some blame for poor execution of the allegedly illegal warrent. Personally, I think the fact that they confiscated the post-it note that the defendant was using to take notes on what the police were doing shows extreme malice on the part of the police, and they deserve to be put in their place as such.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    6. Re:Warrant was issued? by The+Moof · · Score: 1

      I suggest you actually read the warrant application. Slashdot is sensationalizing it to be the warrant is based on "running Linux is suspicious behavior" when that's nowhere close to the reason why the warrant was issued.

    7. Re:Warrant was issued? by prefec2 · · Score: 1

      I am reading the warrant. And so far, it looks like the algorithm used to generate the text was stripped from one of those scientific paper generators.

      Example:
      All objects capable of storing digital data in any form, including but not limitied to central processing units ("CPUs"), optical scanners, digital cameras, modems, routers, memory sticks, thumb or USB drives, firewalls, tapes, zip drive disks, digital video disks ("DVDs"), and computerized printers [...]

      This looks a little bit like: "Oh, what computer term have you heared recently? Let's put it on the list."

      I hearby recommend to add to the list: monitors, paper of any kind, headsets, DRAM, USB ports, SCSI controller, BIOS, EEPROM, CDs (they really missed that), floppies of any size, and not to forget, video cards.

      Furthermore they were interested in all applications, operating systems, and the documentation and manuals of those things.

      However, they accuse him cracking a system and fixed grades. In addition they accuse him of owning illegal copies of movies and music.

      These accusations are based on a statement of a witness, who was a friend of the accused person. So this is not really reliable, because this looks like:
      a) A and B are friends. A repairs therefore B's PC

      b) A and B break up for whatever reason.
      c) A is nasty and posts a messages telling B is gay.
      d) B doesn't like taht for whatever reason.
      e) B goes to the police and makes idle accusations
      f) Police arrests A.

      Surprisingly they will find illegal copies of music and movies on A's computer. I think you can get that from any computer of a student.

    8. Re:Warrant was issued? by brkello · · Score: 1

      You are more of a problem than the judge. Try reading the actual warrant and you see that this seems fairly legitimate. I don't blame you that much since the title and summary were awful. So in reality, we should blame the editor for letting this get through.

      And that editor is....(face palm)....really CmdrTaco?? Come on.

      --
      Support a great indie game: http://www.abaddon360.com
    9. Re:Warrant was issued? by Alien+Being · · Score: 1

      Sure, much of it looks like boilerplate that they probably use in any application of this type. So what?

      I was also thinking that it might be just the word of someone he pissed off until I saw the DNS and DHCP evidence. If he didn't send the emails and create the web site, then someone is trying to make it look like he did.

    10. Re:Warrant was issued? by WCMI92 · · Score: 1

      "Don't forget that there's a judge that approved that warrant. He's just as much part of the problem."

      Exactly.

      And I think the judge is gay.

      Expressing an opinion, even an offensive one is NOT a crime. What part of "Congress shall make no law..." can't they understand?

      There is no Constitutional right to not be offended.

      --
      Corporatism != Free Market
  11. wssags3ssser by ushdfgakj · · Score: 2, Insightful

    Well, soon, we'll all be using an operating system on which somebody can watch every move of ours, so then everything will be OK. You shouldn't use Linux, it promotes antisocial and deviant behavior, like watching pornography, programming, and understanding what "zsh" is.

  12. In other news... by Akido37 · · Score: 1

    Boston College's Computer Science program announces that applications to the University are at an all time low.

    Authorities plan to replace all campus computers with Etch-A-Sketches in order to attract a larger pool of applicants.

  13. Lame... by tha_toadman · · Score: 1

    What the hell!? So this guy likes to work on PCs and has 2 of his own and then they [cops] see him with "unknown machines" and he's committing a crime...!? How lame and yet it's our tax money at work. Unforetunately, (if I'm not mistaken) most campus cops are 'state deputies'. I know this as I challenged one of them before for running a stop sign and getting a ticket for it. $15 for the fine but $18 for the processing. What a bunch of crap! It must have pissed him off enough for him to give me the ticket.

    1. Re:Lame... by KingRobot · · Score: 1

      Read the search warrant application - the article and EFF summary is bad; there was definitely enough evidence to at least justify the search warrant.

  14. This wouldn't have happened... by Anonymous Coward · · Score: 4, Funny

    if he used the superior green-on-black coloring scheme. Using it shows a man with good taste and and high moral values.

    1. Re:This wouldn't have happened... by Zantetsuken · · Score: 1

      Crap, you just made the kid go from being a hacker because he knows to use the mail command to being Neo hacking the Matrix with his eyes...

  15. Quick! Everyone! Panic! by pnuema · · Score: 5, Insightful
    1. This case involved a "crime" committed using a computer. I know personally if I was put in charge of investigating a computer crime, I would seize every piece of magnetic and writable optical media I could find in the suspect's possession. Doing less would be incompetence.

    2. This was from a search warrant application. Not every cop is computer literate. This is worthy of a few snickers, not a front pager.

    1. Re:Quick! Everyone! Panic! by Celarnor · · Score: 5, Insightful

      2. This was from a search warrant application. Not every cop is computer literate. This is worthy of a few snickers, not a front pager.

      If their job includes deciding who to go after based on what happens on teh intarweb, then they should be, or have access to someone who is. It's worthy of being a front pager because he isn't and no one stopped him on that basis.

      1. This case involved a "crime" committed using a computer. I know personally if I was put in charge of investigating a computer crime, I would seize every piece of magnetic and writable optical media I could find in the suspect's possession. Doing less would be incompetence.

      I think doing less (read: obtaining only items specified in the search warrant) would be more along the lines of "reasonable search and seizure", and anything more would be a violation of basic constitutional rights.

    2. Re:Quick! Everyone! Panic! by downix · · Score: 1

      > I would seize every piece of magnetic and writable optical media I could find in the suspect's possession.

      Makes me glad I use this arcane technology, called pen and paper.....

      --
      Karma Whoring for Fun and Profit.
    3. Re:Quick! Everyone! Panic! by mr_mischief · · Score: 1

      The warrant application specifically asked for the assistance of a qualified expert. Read.

    4. Re:Quick! Everyone! Panic! by Estanislao+Mart�nez · · Score: 1

      If their job includes deciding who to go after based on what happens on teh intarweb, then they should be, or have access to someone who is. It's worthy of being a front pager because he isn't and no one stopped him on that basis.

      Um, the search warrant application details how the false outing email and the fake gay site profile are tied to the suspect by IP addresses, campus network registration records, network logs and DNS logs. The officer was assisted by a network administrator at the college. It's pretty incriminating stuff.

    5. Re:Quick! Everyone! Panic! by Celarnor · · Score: 1

      I did, before I even posted that. I don't see why that matters, though.

      Whether or not an expert was 'requested' doesn't change that they should analyze this kind of information analyzed by someone who knows what's going on *before* taking steps to try to get a judge to authorize the seizure of someone's personal effects. That should obviously be part of the "things that happen before we ruin this guy's life" list, not part of the "things we can wait until later to worry about" list.

      Think.

    6. Re:Quick! Everyone! Panic! by mr_mischief · · Score: 1

      So you read the affidavit and think that the hostnames recorded by the DHCP (or other IP-assigning method) server when assigning the IP to the computers used to commit acts being the same hostnames as the ones this guy uses on his laptops isn't probably cause to think his two laptops were involved in those acts? Is that not enough to ask that the evidence be kept unchanged for the expert to look at it?

      Sure, this started as a slander/harassment issue. Then the roommate also accused the suspect of changing people's grades, committing massive copyright violations, theft of computers, and damage to the alleged victim's computer. The only way to investigate all of that is to identify the computers that may have been involved, then take them in for forensics. I'd say probable cause was reached if you can really trust the witness.

    7. Re:Quick! Everyone! Panic! by BJ_Covert_Action · · Score: 1

      ...anything more would be a violation of basic constitutional rights

      Ha! What makes you think any of us have those anymore? What do you think this is, America?....

      Oh, wait....

    8. Re:Quick! Everyone! Panic! by ushdfgakj · · Score: 1

      If they don't want their grades to be changed, they shouldn't leave their databases open. Copyright is patently bullshit - it is impossible to own an idea, and tremendously harmful to attempt to enforce that ownership through legislation, if you didn't catch on to that fact in the last decade of lawsuits. There was no evidence besides hearsay that he stole a single computer. As for him 'damaging' the 'victim's' computer, I certainly didn't read anything about that, though I might have skimmed over it - if such alleged damage pertained only to data, I would recommend that the 'victim' sucks it up and does a better job securing his computer next time.

    9. Re:Quick! Everyone! Panic! by Celarnor · · Score: 1

      So you read the affidavit and think that the hostnames recorded by the DHCP (or other IP-assigning method) server when assigning the IP to the computers used to commit acts being the same hostnames as the ones this guy uses on his laptops isn't probably cause to think his two laptops were involved in those acts?

      Considering that changing a hostname is as easy as editing a hosts file, no, I don't. That's pretty common knowledge on a college campus (at least, it is on mine), it could have been spoofed by any of his peers; same with the name of the computer. An entire three commands run on any box could produce that result.

      I'd rather he get away with being guilty and keep this kind of thing from happening to innocent people than innocent people have to go through this. Really, though, I'm more worried about item 4(f)(g); namely, that the fact that he uses an "uncommon operating system" is being considered by some as probable cause in its own right.

    10. Re:Quick! Everyone! Panic! by nog_lorp · · Score: 1

      A laptop called "bootleg-laptop" sent the email. Quite generic if you ask me.

      The computer bearing his name was "used to access the same social networking site..." which is absolutely, hands down, not probable cause at all.

      "Someone made a slanderous Facebook account about me, and I can PROVE that you accessed Facebook!"

    11. Re:Quick! Everyone! Panic! by mr_mischief · · Score: 1

      Someone would have to know his hostname and deliberately use his to implicate him rather than themselves. I'd say there's probable cause to see whether the computers were involved. Remember, a search warrant isn't evidence of guilt. It's just a piece of paper that says a judge approved a search for evidence of guilt because there's a reasonable chance something will be found.

      The people who consider using an "uncommon" OS, whatever standard they are using for "uncommon", since iPhoneOS and Leopard aren't as "common" as XP, either, an issue of any kind other than user preference are idiots. We're agreed there, I think.

  16. "outing" a student? by Punto · · Score: 1

    since when is it illegal to call someone gay?

    --

    --
    Stay tuned for some shock and awe coming right up after this messages!

    1. Re:"outing" a student? by Lord+Ender · · Score: 5, Insightful

      It's not, if the person really is gay. Libel and Slander only apply if the person can prove he is not gay and the claim substantially damaged him in some way.

      It's still a dick move, though.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    2. Re:"outing" a student? by MightyMartian · · Score: 1

      Libel and slander exist in civil law, not criminal law. The cops don't investigate them.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:"outing" a student? by mwvdlee · · Score: 1

      Jost wondering how the guy would prove the other student really IS gay.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    4. Re:"outing" a student? by digitalme2 · · Score: 1

      Jost wondering how the guy would prove the other student really IS gay.

      Call current and/or former partners as witnesses?

    5. Re:"outing" a student? by multipartmixed · · Score: 2, Funny

      Put him in a speedo and show him some porn.

      --

      Do daemons dream of electric sleep()?
    6. Re:"outing" a student? by GNUbuntu · · Score: 1

      The defendant saw him having sex with his gay lover?

    7. Re:"outing" a student? by Hinhule · · Score: 1

      Defence Attorney: Watch as the "victim" squeals in joy when I shove this giant dildo into his anal cavity!

    8. Re:"outing" a student? by Lord+Ender · · Score: 1

      If you go after someone for slandering you, you must prove they lied. They do not need to prove they told the truth.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    9. Re:"outing" a student? by Hatta · · Score: 1

      Libel and Slander only apply if the person can prove he is not gay and the claim substantially damaged him in some way.

      Not quite, truth is an affirmative defense against libel or slander. An affirmative defense is one which the defendant affirms the facts presented by the plaintiff, and offers his own facts that mitigate the offense. Since the defendant is claiming these facts, the burden of proof falls on him.

      In other words:

      Plaintif: The defendant said I was gay!
      Defendant: That's true, Your Honor, but he is gay!
      Judge: Ok, prove it.

      Of course, IANAL.

      --
      Give me Classic Slashdot or give me death!
    10. Re:"outing" a student? by Punto · · Score: 1

      wouldn't it be easier to argue that there's nothing wrong with being gay, so "Libel and Slander" doesn't apply?

      --

      --
      Stay tuned for some shock and awe coming right up after this messages!

    11. Re:"outing" a student? by Lord+Ender · · Score: 1

      That can't be right. If that were true, no person could ever make any negative claim about anyone without having legal proof in hand. Clearly, that is not the case.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    12. Re:"outing" a student? by Merls+the+Sneaky · · Score: 1

      or he could ague the archaic use of the word to mean happy. I sent a mass email to inform others my roomate was extremely happy and positive.

    13. Re:"outing" a student? by Jedi+Alec · · Score: 1

      Your honor, as you can clearly see I am quite...enjoying the services of this female prostitute. Therefore it is clear that I am, in fact, not gay.

      --

      People replying to my sig annoy me. That's why I change it all the time.
    14. Re:"outing" a student? by mr_matticus · · Score: 1

      That can't be right.

      It is the case. The party asserting the defense must provide evidence supporting their assertion (the truth of the matter, in this case).

      If you print that Joe Clark is embezzling money from a company, and then Joe Clark sues you for libel, you have to offer evidence that he was, in fact, embezzling money to support your claim that you published information you knew to be true. Joe Clark only has to assert that the statement is not true and support it with evidence more compelling than your own. If you don't offer any evidence, then Joe Clark's bare allegation trumps yours, and you lose. If you submit some evidence, but Joe Clark submits more or more persuasive evidence, you still lose.

      If you didn't know it was true, didn't have any facts to support its truth, and published it anyway, your act was one of defamation. The defense of truth to libel actions protects publication of damaging news stories where there is a good faith belief that they are true and reasonable objective evidence to support that belief.

      If that were true, no person could ever make any negative claim about anyone without having legal proof in hand.

      Not legal proof, merely sufficient evidence to support the proposition.

      Clearly, that is not the case.

      Whatever you and the moderators to your previous comment are smoking is clearly interfering with your perception of reality.

    15. Re:"outing" a student? by mr_matticus · · Score: 1

      No, because if the defendant believed that to be the case, then there would not have been any motive for him to make the statement. Clearly, it was meant in a pejorative sense and intended to cause pain, intimidation, frustration, and generally harass the other student.

      It's not about whether there's anything "wrong" with being gay--obviously, there isn't--it's about whether the allegation caused injury, and that's a much different question with a closeted individual. Fraudulently signing someone up on a "singles" website might well be defamatory to a married person, even though there's nothing wrong with being single. Accusing someone of being Jewish when they aren't might be, too, though there is nothing wrong with being Jewish.

      The question, as with all offenses, is whether the perpetrator or liable party broke the law. Showings of actual harm have a very low bar--stealing a single apple from a million-acre orchard owned by a multi-billion dollar corporation is very different from stealing a single apple from a single, impoverished family's tree, but both are actual harm, of exactly equal value in determining whether the offense occurred. The place where it makes a difference is in sentencing or awarding damages, which is a separate question.

      Libel does require emotional injury and/or damage to one's reputation. If the statement is made specifically to expose a person to hatred, contempt, or ridicule (as here), then the need to show injury is very limited. Showing that is easy. A person may not be embarrassed about being gay but still harmed about an attempted forced outing.

      All of that ignores the essential first step: there has to be proof the kid is, in fact, gay.

    16. Re:"outing" a student? by Lord+Ender · · Score: 1

      If what you're saying were true, then I would be taking serious legal risk if I (for example) claimed to experience diarrhea after eating a chalupa. Taco Bell could claim I lied, and I would have no evidence to the contrary. That is not the state of affairs I have observed.

      Some web research supports my claim.

      http://lawdigest.uslegal.com/tort-and-personal-injury-actions/libel-and-slander/7311/

      "Under the Restatement (Second) of Torts, which is drafted by the American Law Institute and has been influential among state courts, a plaintiff must prove four elements. First, the plaintiff must prove that the defendant made a false and defamatory statement concerning the plain-tiff. Second, the plaintiff must prove that the defendant made an unprivileged publication to a third party. Third, the plaintiff must prove that the publisher acted at least negligently in publishing the communication. Fourth, in some cases, the plaintiff must prove special damages."

      Sounds like the burden is on the plaintiff, not the defendant. You may want to rethink your own perception of reality.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    17. Re:"outing" a student? by mr_matticus · · Score: 1

      If what you're saying were true, then I would be taking serious legal risk if I (for example) claimed to experience diarrhea after eating a chalupa.

      Only if you made publicly defamatory remarks about Taco Bell by asserting it was their fault, and by doing so damaged Taco Bell's reputation.

      Taco Bell could claim I lied, and I would have no evidence to the contrary.

      If you have no evidence that Taco Bell gave you diarrhea, then yes. But if Taco Bell did cause you to have diarrhea, you would have evidence of that fact.

      Sounds like the burden is on the plaintiff, not the defendant.

      It is, and in order to raise an affirmative defense, that burden must first be satisfied--you're clearly completely unfamiliar with the concept of burden of proof or the concept of legal proof in general. If Taco Bell asserts that they did not give you diarrhea, at a minimum, all they have to do to prove that is make the assertion, assuming you have no evidence to the contrary.

      The applicable evidentiary standard is preponderance of the evidence. That means their evidence must simply make it more likely than not that the condition exists. They can point to their ingredient selection standards, restaurant preparation procedures, and the fact that there are no other allegations of illness caused by that location on the day in question. That's sufficient proof with no countervailing evidence.

      The burden then shifts to you--they claim it's not true, and the court asks you what evidence you have that the statement was true, because you're asserting in your response an affirmative defense, which the previous poster correctly flagged as being one that must be proven by the movant. You have zero evidence that Taco Bell caused an injury? Summary judgment for the plaintiff. Take a look at Bagwell Their evidence outweighs yours. In the case of word against word, the plaintiff in a defamation action wins.

      Let's look at the Second Restatement, sections 581A and 613. "At common law the majority position has been that although the plaintiff must allege falsity in his complaint, the falsity of a defamatory communication is presumed." The bare allegation of falsity is sufficient proof in this context to shift the burden to the defendant. This rule has changed as a result of increased First Amendment protections, such that the plaintiff must refer to some evidence supporting the assertion. The sufficiency of the evidence must simply lead to a reasonable inference. It need not be proved by clear and convincing evidence or beyond a reasonable doubt.

      You may want to rethink your own perception of reality.

      No, but thanks for playing.

    18. Re:"outing" a student? by mr_matticus · · Score: 1

      No. You must offer evidence they lied. They must offer evidence they told the truth if they're asserting "truth" as a defense. If the evidence they told the truth is less than your evidence that they lied, the defense fails and they are held liable for defamation.

      "Proof" is what happens at the end of trial, not the beginning. If you are accused of defamation, you cannot simply claim you told the truth and sit down and do nothing--you must offer persuasive evidence corroborating your assertion. Proof in a civil trial is a comparison of two sets of evidence; you can only raise an affirmative defense in the event that the initial burden is met.

      The party claiming that it is a lie has a considerably easier job in meeting its evidentiary burden. "Proving" they lied requires near-zero evidence if the other party doesn't have any evidence that they're telling the truth.

      If they want to sit back and do nothing, they're not raising a defense. They're calling for the state equivalent of a 12(b)(6). That will almost never be granted solely on an issue of failure to assert falsity in the claim, because it requires virtually no evidence at all to satisfy the burden.

      Armchair lawyers. Worthless.

  17. Very sadly, IMHO by Weaselmancer · · Score: 5, Interesting

    True enough.

    I was walking through the basement of our student union building many years ago. The building was mostly closed - we were at a gaming con and minimal stuff was open. I noticed the door to the game room was ajar. I went in and started playing video games with a few of my friends.

    Turns out I tripped a silent alarm. About 15 minutes in, campus police busted in and threw us up against the wall at gunpoint. No kidding, I had a gun pressed against the base of my skull.

    All that for 3 geeks who were playing video games.

    We talked a bit with the cops afterwards. They bragged about how they had us "under surveillance" for over five minutes without any of us noticing. I pointed out that if that were true, did any of them notice the fact that we were *leaving* money there rather than taking it? Blank stares.

    So IMHO, they're worse than regular cops. They're bored out of their minds - and have real guns. They so desperately want some crime to deal with, but there just isn't much other than the odd frat house kegger that gets out of control or the occasional parking ticket. I'd be bored to near-insanity too.

    --
    Weaselmancer
    rediculous.
    1. Re:Very sadly, IMHO by averner · · Score: 2, Insightful

      They so desperately want some crime to deal with, but there just isn't much other than the odd frat house kegger that gets out of control or the occasional parking ticket.

      Over here, we get an email about someone getting mugged every couple weeks.

      Anyways, "real" crime is dangerous. If you're up against murderers, you can get shot or stabbed. On the other hand, giving out parking tickets usually isn't life-threatening. Some cops might prefer not being in danger if they don't have to, since they're human after all.

      --
      Member of the 7 Digit UID Club
    2. Re:Very sadly, IMHO by Anonymous Coward · · Score: 3, Interesting

      That's not true. Many large schools have very serious crime. In my community college we have one car stolen per day off the lot, reports of rapes and muggings on and off again. The campus police have their own cruisers and wear bullet proof vests and swear by them. Guns? Yes. The people they're dealing with are often hardcore car thieves who target schools for a reason, and violent sex offenders are often the cause of the rapes and muggings. Crime is crime whether it's on school grounds or not. And most of it is from outsiders. And the recent campus school shootings should at least show that campus cops have to be prepared for everything.

    3. Re:Very sadly, IMHO by Anonymous Coward · · Score: 2, Interesting

      Anyways, "real" crime is dangerous. If you're up against murderers, you can get shot or stabbed. On the other hand, giving out parking tickets usually isn't life-threatening. Some cops might prefer not being in danger if they don't have to, since they're human after all.

      Haha. Did you know that UC Berkeley police have a bomb squad? It's kind of sad that a campus police force needs a bomb squad...

    4. Re:Very sadly, IMHO by Anonymous Coward · · Score: 1, Insightful

      Many large schools have very serious crime.

      How can that be when they are "gun free" zones? Doesn't crime cease to exist within those zones?

    5. Re:Very sadly, IMHO by stoned_hamster · · Score: 1

      *whooooooosh*
      If I brought a gun or my Leatherman to school (I do repairs and hardware exchanges for the school im at (PHS)) and didn't show anyone, then nothing happens. Its just like the smokers across the street. EVERYBODY knows that not everything they smoke are regular cigs, but nobody can do anything unless they see them in school with cigs or drugs. And you cant just say, "NO CRIME CAN HAPPEN HERE!"
      thats just like waving a red flag in front of a bull.

      --
      Smoking cures cancer. Smoking also cures stupidity. check darwinawards . com for some stupid stuff
    6. Re:Very sadly, IMHO by Anonymous Coward · · Score: 2, Funny

      *whooooooosh*

      Thanks for pointing the whooshing sound that accompanied your post, so nobody else has to bring it to your attention.

    7. Re:Very sadly, IMHO by lancejjj · · Score: 1

      I noticed the door to the game room was ajar. I went in and started playing video games with a few of my friends.

      Turns out I tripped a silent alarm. About 15 minutes in, campus police busted in and threw us up against the wall at gunpoint. No kidding, I had a gun pressed against the base of my skull.

      It's unthinkable that a cop would put a college scholar against a wall at gunpoint for playing a recreational game with his colleagues.

      However, I would fully support them for taking down a group of scuzzy illegal aliens that are found breaking and entering at a pretigious institution of higher learning.

      I assume you're in the first category.

    8. Re:Very sadly, IMHO by CodeBuster · · Score: 1

      They so desperately want some crime to deal with, but there just isn't much other than the odd frat house kegger that gets out of control or the occasional parking ticket. I'd be bored to near-insanity too.

      They should be grateful that nothing much happens and be happy. If they ever did get some real "action" (ala Virginia Tech) they would probably shit their pants.

    9. Re:Very sadly, IMHO by Rasta_the_far_Ian · · Score: 1

      where's the stainless steel rat when you need him?

    10. Re:Very sadly, IMHO by ultracool · · Score: 1

      So IMHO, they're worse than regular cops. They're bored out of their minds - and have real guns. They so desperately want some crime to deal with, but there just isn't much other than the odd frat house kegger that gets out of control or the occasional parking ticket. I'd be bored to near-insanity too.

      Our campus cops are not real police. If they see something happen, they can report it or in some cases "apprehend" someone until the real police arrive.

      There was an assault on campus last week. The aggressors were around 20 years old. To my sheer amazement, our overweight, mid-30s or older, smart-ass campus security people actually chased them down a few blocks and caught them. There must have been some catch to the story. Perhaps the assailants were overweight, crippled, high or something that would have disadvantaged them somehow...

    11. Re:Very sadly, IMHO by Ihlosi · · Score: 1
      Haha. Did you know that UC Berkeley police have a bomb squad? It's kind of sad that a campus police force needs a bomb squad...

      Any college or university that offers chemistry (and anything related) as a major _needs_ a bomb squad. Even if it's just to dispose of "experiments" gone awry.

  18. This is BS for two reasons by moniker127 · · Score: 1

    A- Calling someone gay? Is that a serious offense? Have the morons who issued this warrant ever talked to college aged guys?

    B- Really? So- using anything that people who don't use computers aren't familiar with is considered suspicious? What the fuck? Are these the salem witch trials? Is he going to be burned for linuxcraft?

    1. Re:This is BS for two reasons by McNihil · · Score: 1

      hey... http://www.linuxcraft.co.uk/

      Not going to help the prosecution (tm)

    2. Re:This is BS for two reasons by digitalme2 · · Score: 2, Funny

      He might be burned for linuxcraft if they find the dead badger he installed VüDü Linux on.

    3. Re:This is BS for two reasons by rts008 · · Score: 1

      That one cries out for the 'imagine a Beowolf Cluster of those' meme.

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    4. Re:This is BS for two reasons by digitalme2 · · Score: 1

      That one cries out for the 'imagine a Beowolf Cluster of those' meme.

      I think in this case it would be more of a Grendel cluster.

  19. Was the other OS even Windows? by Nick+Ives · · Score: 2, Insightful

    One is the regular B.C. operating system and the other is a black screen with white font which he uses prompt commands on.

    That could simply mean they saw him switching between X and a text console.

    I hate how stupid the police can be.

    --
    Nick
    1. Re:Was the other OS even Windows? by jgtg32a · · Score: 1

      Yeah those stupid Cops don't know anything, everyone knows that you press Ctrl Alt F1 you get a terminal.

    2. Re:Was the other OS even Windows? by Eevee · · Score: 1

      It's okay, I hate how stupid Slashdot posters can be.

      I realize that if reading the article is almost unheard of then actually looking at the original evidence is unheard of, but...the cop is quoting the guy's roommate. It's likely the officer in question never saw the computer turned on, nor is the warrant particularly concerned with the operating system involved. Furthermore, if you read farther into the warrant, the officer assigned for the forensics has quite a bit of training, so I'm gonna guess here that yes, the cops involved can tell the difference between Linux and Windows.

    3. Re:Was the other OS even Windows? by c1t1z3nk41n3 · · Score: 1

      Even better. It could be a DOS prompt. ::}

    4. Re:Was the other OS even Windows? by meson2439 · · Score: 1

      Common folks always believed linux dudes to be some sort of magician who can do all those fancy stuff they heard about. I believe his roommate is one of them and with a little exageration by the cop, suddenly the linux guy becomes a notorious hacker. The cop also has issues with him previously and may have taken the roomamte testament out of context.

      His roomate mentions that he has seen the linux guy tamper with grades. How hard is it to check for proof of grade tampering etc. Most exams still use paper that you can always recheck. No need for seizing equipments. Other than that, I don't think sending a single email regardless of content is worth a warrant. So you can call us slashdotters stupid all you want. We however prefer to be sceptical of the law enforcement officer whom is clearly abusing his power.

  20. See I knew it! by MasseKid · · Score: 1

    Distributing linux distros via bit torrent is a crime!!!!

  21. Are these cops somehow related to ... by Skapare · · Score: 4, Insightful

    ... the cops that caused a city wide panic because they misunderstood a few funny lighted signs?

    --
    now we need to go OSS in diesel cars
  22. Boston College is private, right? by EveryNickIsTaken · · Score: 1

    So.. campus cops can do whatever the hell they want then. Why is there even a story posted here?

    1. Re:Boston College is private, right? by Celarnor · · Score: 1

      Because campus cops can apparently do whatever the hell they want?

    2. Re:Boston College is private, right? by EveryNickIsTaken · · Score: 4, Interesting

      My first day at a private college, we were explicitly told that the constitution does not apply within their property.

    3. Re:Boston College is private, right? by digitalme2 · · Score: 2, Informative

      So.. campus cops can do whatever the hell they want then. Why is there even a story posted here?

      Because it wasn't just campus cops involved, it was the Massachusetts State Police who participated in the search.

    4. Re:Boston College is private, right? by GMFTatsujin · · Score: 1

      That's the most sensible thing I've heard all day.

    5. Re:Boston College is private, right? by v1 · · Score: 1

      had you gotten a recording of that, you may have found yourself with a full scholorship and straight A's. Assuming you kept copies of the tape in several safe locations.

      --
      I work for the Department of Redundancy Department.
    6. Re:Boston College is private, right? by legirons · · Score: 1

      So.. campus cops can do whatever the hell they want then. Why is there even a story posted here?

      As a warning, to anyone who might consider studying at an american university

    7. Re:Boston College is private, right? by cthulu_mt · · Score: 1

      On my first day they told us all to use a rubber.

      --
      Virginia is for lovers. EVE is for griefers.
    8. Re:Boston College is private, right? by newcastlejon · · Score: 1

      They told us to keep an eye on the toaster. Did you know burnt toast leads to the fire brigade, and that leads to a £900 call-out charge. Oh noes!

      --
      If God forks the Universe every time you roll a die, he'd better have a damned good memory.
    9. Re:Boston College is private, right? by auric_dude · · Score: 1

      Gitmo by any chance?

    10. Re:Boston College is private, right? by merreborn · · Score: 1

      My first day at a private college, we were explicitly told that the constitution does not apply within their property.

      As a private institution, the protections of the bill of rights don't apply. For example, your first amendment right to free speech doesn't prevent the college from expelling you for saying something critical of the organization or its staff. The bill of rights protects you from the government, not private entities.

      So, depending on what exactly they said, they may have been completely legally and morally correct.

    11. Re:Boston College is private, right? by BitZtream · · Score: 1

      And you've just made one of the dumbest statements I've ever heard.

      Until they break the law, nothing happens, and you will never get a full scholarship or straight As because of something retarded someone says. Let us know when you wake up in the real world.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    12. Re:Boston College is private, right? by Anonymous Coward · · Score: 1, Insightful

      Except the constitution does apply, regardless of what some overzealous administrator says. What they probably meant is that many of the rights outlined in the constitution are restricted by the college on the college's property.

      A private school can punish you for standing up on their property and saying something that they don't like. They can kick you out if they want. You cannot, however, be arrested on a criminal charge for exercising your constitutional rights.

      For instance, if you are standing in the middle of the quad, spouting out about how the school administration is a crowd of overzealous dolts, the school has every right to ask you to leave, expel you, and levy hefty fines on you. They can't bring you to court. If you refuse to leave, however, then you are trespassing. Now the campus police can arrest and detain you until they turn you over to the real police. They can press charges, bring you to court, and make your life miserable. It's a fine line, but worth noting.

      As far as this case goes, you really have to read the warrant application to understand what is really going on. The alleged fact that the student was using Linux is more anecdotal to the case made for probable cause. Probable cause is established here by the report of what the police believe is a credible witness. The defense could challenge that point, as it seems the witness has plenty of reasons to lie, but the standard for probable cause is fairly low.

      Many would argue that the warrant is too far-reaching, but I disagree. If you are to assume that probable cause is to be granted for one of the computers, then you are agreeing that the witness is giving credible information. If the witness is giving credible information, then it is likely that all electronic media in the student's possession is suspect in this crime, as it is all implicated.

      Finally, it appears that this police officer is not very familiar with technical terminology. I would guess that he knows the difference between Windows and Linux, but that he wanted to write the disposition as he got it, which is a good thing. It is also clear that he knows how data are generally stored on electronic media and what that data might contain. He really should not need to know much more than that in order to get a warrant to search the computers. That said, once the case is over, the copies of the data that are irrelevant to the case should be destroyed.

      It is easy to blame the criminal justice system and its agents when it comes to 21st-century crimes because they do tend to operate a few decades behind. That shouldn't give the criminals a pass to commit crimes that just confuse the courts with details. There was an allegation of serious fraud with motive, means, and opportunity. That should be investigated fully.

      IANAL, btw...

    13. Re:Boston College is private, right? by greensoap · · Score: 1

      Although not completely accurate, this is mostly true. The Constitution, more specifically the Bill of Rights, protects individuals from State Action. Private Universities may not be considered State Actors since they are not run by the government. Further, there are many cases involving searches in a school where the court says the need for the school to conduct itself safely outweighs a student's right to protection from unreasonable search and seizure. So, while the blanket statement that the Constitution doesn't apply is certainly wrong, that statement is not as inaccurate as people hope. I once heard a police officer say the same thing, and I was torn between the desire to burst out laughing and the desire to cry out how uninformed he was.

    14. Re:Boston College is private, right? by saiha · · Score: 1

      Cool, so it seems like if you are going to commit treason, that is the place to do it.

  23. I don't think this kid is as innocent as you... by krovisser · · Score: 2, Interesting

    would think. The warrant is junk, yes. But the kid, judging from what the warrant cites, was asking for it. Also, the cop seems to be a real cop.

    1. Re:I don't think this kid is as innocent as you... by krovisser · · Score: 1

      Not a troll. I wasn't stating anything from a legal perspective either... but as others have stated: The warrant does have merit, and it also has sensational aspects to it. The police always throw everything they can on warrants to make sure it sticks. The kid, from my POV, isn't innocent, and this isn't some vibrant civil rights violation.

    2. Re:I don't think this kid is as innocent as you... by mdmkolbe · · Score: 1

      Read the EFF's motion. The warrant application is based on the non-specific and unsubstantiated accusations of a witness who happens to have an axe to grind with the student. The motion also lists a number of other issues with the application.

      These accusations are non-specific because the witness doesn't name times, places or any sort of details other than a general claim that sometime, somewhere, somehow he saw the student hacking. It is a matter of precedent that this doesn't meet the burden of probable cause.

      These accusations are also unsubstantiated. While the accusations of "outing" the witness are backed-up by the DHCP logs, these have nothing to do with grade changing. Trying to bind them together is a very dirty trick.

      Maybe the student did it, but he still deserves due process.

    3. Re:I don't think this kid is as innocent as you... by krovisser · · Score: 1

      I agree completely that he doesn't deserve unfair treatment, but I'm (or at least I was), that the kid isn't being prosecuted "just" because he uses linux/a command line, like most of the comments seemed to say.

  24. Re:sure it is too bad by phoenix0783 · · Score: 1

    ...too bad this kid didn't go to Oregon State. You'd be hard-pressed to find a windows computer in any of the engineering/c.s. labs. he would have blended right in.

  25. So the cure would be by Tpl2000 · · Score: 1

    Installing linux on all of the campus' computers.

    --
    Epic. Just epic.
  26. I think I'm missing something here... by digitalme2 · · Score: 1

    The dorm room search stemmed from an investigation into who sent an email to a Boston College mailing list alleging that another student was gay. Police say they know who sent the email and that the sender committed the crimes of "obtaining computer services by fraud or misrepresentation" and obtaining "unauthorized access to a computer system." However, nothing presented by the investigating officer to obtain the warrant, including the allegation that the student sent the email to the mailing list, could constitute the cited criminal offenses.

    First of all, I think outing someone is an abhorrent thing to do. It can psychologically destroy someone, and I'm all for punishing the outer. However, this is one of two things (provided Boston College doesn't handle this internally): a) libel or b) a civil suit for emotional damage. So what I'm missing is, how does one jump from a posting to a public mailing list to unauthorized access and computer fraud? And why would Boston College pursue legal recourse first instead of sanctioning him as a student?

    1. Re:I think I'm missing something here... by mr_mischief · · Score: 1

      This is perhaps because several criminal allegations were made against the guy by the guy he outed.

      It's also perhaps because they think that by continuing to access the computers and networks after violating the terms of service but without being told he was not allowed, that he was accessing them without permission. I'm dubious about this, but it has been argued before (unsuccessfully, IIRC) elsewhere.

  27. Read the warrant: by Anonymous Coward · · Score: 2, Informative

    http://www.eff.org/files/filenode/inresearchBC/EXHIBIT-A.pdf

    Start with page 6 - if you want to get behind someone, this is not the person to do it. He's admitted to doing illegal activities in the past and his laundry list is quite long with multiple officers involved in the past and multiple witnesses being called to back up things up on different incidents.

    Let's take a few sentences out of context and blow it up because its Linux. Gotta love an internet full of headline news...

    1. Re:Read the warrant: by Binty · · Score: 1

      Mod parent up. The EFF is grossly overstating their case here. The quotations in TFA are out of context.

    2. Re:Read the warrant: by v1 · · Score: 2, Insightful

      past actions and mistakes should not automatically cause your loss of rights. "Innocent until proven guilty" does not have a "unless you've been a bad boy" clause.

      --
      I work for the Department of Redundancy Department.
    3. Re:Read the warrant: by bckrispi · · Score: 1

      We're not talking about "innocence" or "guilt" here. We're talking about "probable cause". Which is a much, much lower threshold to reach.

      --
      Xenon, where's my money? -Borno
  28. Expected by Akita24 · · Score: 1

    I fully expect the cops to behave like everybody-is-guilty-of-something power mongering storm troopers. The asshat judge that signed off on the warrant OTOH, needs to go down.

  29. I RTFA. by Benanov · · Score: 1

    Except that the "crime" here was sending an email. The additional complaints are really complainant's attempt to smear/punish the defendant.

    1. Re:I RTFA. by nog_lorp · · Score: 1

      Agreed. I immediately thought that when I read "witnessed him hack the grading system" and such.

  30. Yes, we've got trouble! by jejones · · Score: 1

    Right here in River City!
    With a capital T and that rhymes with P and that stands for Prompt!

  31. Warrant does not say 2 OSes -- Hacking by randomchicagomac · · Score: 4, Informative
    Normally, I'd say RTFA, but here, the FA goes beyond the actual excerpts of the warrant.

    The excerpts EFF have posted do not say "he has two operating systems, and that's evidence that he's up to no good." Instead, the warrant says

    [redacted] reported that Mr. Calixte uses two different operating systems to hide his illegal activities. One is the regular B.C. operating system and the other is a black screen with white font which he uses prompt commands on.

    Paraphrased, that says that somebody directly told the police that they observed the suspect doing illegal activities, and that the dual OSes are an aspect of those activities. That's almost, although not exactly, the inverse of what the summary and most of the commenters assume. And if I was going to be up to something I shouldn't be doing on a computer, if I wasn't going to have a dedicated computer for it, then I might limit those activities to a separate OS with separate filesystems.

    Finally, as another commenter noted, warrants have to state with some particularity the objects to be searched and seized. EFF isn't giving us enough context for this part of the warrant, but it could be that the warrant is talking about a computer with two OSes just so the officers know which computer to seize, the propriety of the seizure having been established elsewhere.

    Not saying that this warrant was proper, that this guy did anything, etc., but I am saying that the problems most people are complaining about, and that EFF is implying, aren't necessarily there.

    1. Re:Warrant does not say 2 OSes -- Hacking by randomchicagomac · · Score: 3, Informative

      Mea culpa--EFF does link to the warrant application, as Exhibit A to their motion for emergency relief, although they don't exactly highlight that fact. http://www.eff.org/files/filenode/inresearchBC/EXHIBIT-A.pdf Reading over it, the mention of the two OSes is clearly part of the "Basis of Probable Cause," and not merely meant to identify which items are covered by the warrant.

    2. Re:Warrant does not say 2 OSes -- Hacking by Col.+Klink+(retired) · · Score: 2, Insightful

      > black screen with white font which he uses prompt commands on.

      Alt-Enter in a cmd window will get you this in Windows...

      --

      -- Don't Tase me, bro!

    3. Re:Warrant does not say 2 OSes -- Hacking by mr_mischief · · Score: 2, Informative

      The sworn affidavit given by the detective seeking the warrant gives as evidence the MAC addresses of the computers connected to the network ports through which the acts in question were committed.

      If the acts are criminal, then matching the MAC addresses used to commit them to the ones in the suspect's computer are pretty good evidence (although not flawless, due to MAC cloning and the possibility that someone else used his system) that the owner of the computer may have been involved.

      I think the weak part of the warrant application is the assertion that crimes were committed by the roommate with whom the suspect was quarreling. The identification of the property to search and seize for evidence is pretty specific within the actual affidavit. The detective trusts the person informing him of the acts of the suspect, so in the officer's mind there is probable cause.

      I'm not real sure what the issue here is. The EFF should put out an official letter of position on this, because from what I can tell they're arguing that circumstantial evidence supporting eyewitness accounts of crimes being committed are not grounds for a warrant.

    4. Re:Warrant does not say 2 OSes -- Hacking by The+Moof · · Score: 1

      Actually, the white-text-on-black things was just the description of the login screen. The warrant application goes as far as to identify the OS as Ubuntu using BC's Network Registration System logs.

      The warrant application isn't as stupid as it's been painted in the summary.

    5. Re:Warrant does not say 2 OSes -- Hacking by mdmkolbe · · Score: 1

      The sworn affidavit given by the detective seeking the warrant gives as evidence the MAC addresses of the computers connected to the network ports through which the acts in question were committed.

      No it doesn't. The MAC address is good evidence for the "outing" act (which AFAIK isn't illegal), but there is absolutely no MAC address evidence for the illegal, grade-changing act.

    6. Re:Warrant does not say 2 OSes -- Hacking by mr_mischief · · Score: 1

      The method of outing -- the alleged fake account in the roommate's name, the ToS violations for using GMail and Yahoo Mail, probably some campus computer network ToS violations, and continuing to use the systems after knowingly violating those terms -- may be interpreted as crimes in some jurisdictions. The roommate may also be claiming harassment, and has claimed the guy remotely crashes the alleged victim's computer.

      Personally, I think it's all BS from a pissed-off roommate from my reading, but the cop trusts the kid. The kid has given him good info in the past on other investigations, apparently. So the officer considers him a good witness. A good witness claiming a crime has been committed is usually enough to investigate whether one has.

      What really scares me more than anything in the whole affidavit is that the detective makes it clear to the judge that he thinks it's relevant that the suspect has been a suspect in some other case but was never found guilty of that. This "known bad actor" mentality for people never convicted of anything is a very scary phenomenon.

    7. Re:Warrant does not say 2 OSes -- Hacking by mdmkolbe · · Score: 1

      The method of outing ... may be interpreted as crimes in some jurisdictions.

      I'm no expert in MA law but the EFF's motion makes it look like the "outing" wasn't criminal.

      A good witness claiming a crime has been committed is usually enough to investigate whether one has.

      Investigate, yes. Search and seizure, not so much. The witness wasn't specific enough about times/places/etc for the alleged hacking (the EFF motion cites precedent on this matter).

  32. Taken out of context. by Estanislao+Mart�nez · · Score: 5, Informative

    This whole story is stupid. What's going on is that the search warrant request says that a witness has said the suspect uses two operating systems in his computer as a means of hiding his illegal activities. That's not a claim that having two operating systems is in itself suspicious. It's just a claim that this particular suspect, in this particular case is using a second operating system to conceal something.

    Context, folks, context.

    1. Re:Taken out of context. by mdmkolbe · · Score: 1

      A witness with an axe to grind. (Having "domestic" issues with roommate, claims he "outed" him, etc.)

    2. Re:Taken out of context. by Estanislao+Mart�nez · · Score: 1

      A witness with an axe to grind. (Having "domestic" issues with roommate, claims he "outed" him, etc.)

      Suppose we don't get along at all, and one day I beat you up with a tennis racket and a bottle of Hennessy. Nobody is there to see it happen, so you're the only witness. Does that mean that the police can never get a search warrant against me to find the bloodied tennis racket and bottle, because you, the only witness, have "an axe to grind"?

      In any case, there is independent evidence that the guy who the search warrant was served to did create a fake profile in a gay site for his roommate, and sent the anonymous mass emails "outing" him.

    3. Re:Taken out of context. by mdmkolbe · · Score: 1

      The only criminal act alleged was grade changing. The "outing" was a separate act. Verifying one doesn't constitute probable cause for the other. Thus since the accuser had an ax to grind because of a an act unrelated to the alleged criminal act, the credibility of the accuser is diminished. On top of that the accusation was only in the broadest generalities.

      To use your analogy, it is as if I reviled your affair to your wife and then you claim you saw me beat someone else up without being specific about who or when or where. I'm no lawyer but from the case law the EFF cites in it's motion, that isn't enough to issue a warrant.

      The sad thing is the guy probably did it and should be punished (I have no sympathy for cheaters) but since the warrant wasn't drafted to properly meet the legal standard, the kid may get away with it (criminally at least).

  33. Surely somebody senior in the CompSci Faculty... by Glasswire · · Score: 1

    ...could send a Friend of the Court letter to the Judge advising him what idiots the security people are? It sounds like the student was an idiot too, but making his OS sound like some kind of devious evasion of authority is inane.

  34. Re:What is this, Wacky Wednesday? by Shakrai · · Score: 1

    Assuming that the student is 100% guilty... how exactly is sending an e-mail calling someone "gay" a crime?

    Because if the PC police had their way it would be a crime to utter any statement that has the slightest chance of offending anyone.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  35. "cops , IQ" by Anonymous Coward · · Score: 4, Insightful

    Google that, you'll find it is common practice in police departments to reject higher IQ candidates and dumb down the entrance exam requirements. It's a barely hidden scandal. You see a lot of dumb cops because there are a LOT of dumb cops, on purpose, by design. They want violence oriented, stupid, malleable, no questions asked goose stepping type "warfighter" order followers for their new world order agendas. Been obvious for around two decades and change now, since they went full speed ahead transforming local police departments into paramilitary goon squads. Not all of them, but sure as hell a shitload of them.

    1. Re:"cops , IQ" by Anonymous Coward · · Score: 4, Funny

      "Been obvious for around two decades and change now"

      Damn, how did Obama manage to pull that off?

    2. Re:"cops , IQ" by Ethanol-fueled · · Score: 4, Informative

      I believe the majority of what you say is bullshit. You're thinking of the department of Homeland Security, specifically the ICE. But modern cops do tend to be clueless about electronic crime.

      I can't get at TFA right now (EFF slashdotted?!) but I suggest you read the actual PDF of the justification to grant the search warrant. The detective's so-called credentials (after he left land management) include a page and a half of fluffed-up 1-hour cybercrime seminars.

    3. Re:"cops , IQ" by plague3106 · · Score: 1

      No, it's not. I know someone specifically turned down to be a cop because they scored too high. The reasoning was that anyone with more than a 6th grade education will quickly become "bored" at the job and leave. That's the requirement for my local city cops.

    4. Re:"cops , IQ" by Deskpoet · · Score: 1

      I believe the majority of what you say is bullshit. You're thinking of the department of Homeland Security, specifically the ICE. But modern cops do tend to be clueless about electronic crime.

      Umm, are you even remotely aware of A Clockwork Orange? The idea explicated there, and seemingly jumping from the page into our little gravity well every moment, is nearly fifty years old now, so the original poster's contention that many stupid thugs find their way into law enforcement is not even a new or original observation of emerging social trends. If anything, ACO didn't go far enough in its speculation of how near-term "law enforcement" might look. It's a sad thing when fictional near-future-dystopias are outstripped by "reality".

      But, more to the point, how many smart, or even reasonable intelligent cops have you ran across? If you've enough experience with Johnny Law to state how "clueless" they are when concerned with computer crime, surely you have some experiential anecdote that would validate that view, as well as invalidate the contention that street cops are one step removed from knuckle-dragging stormtroopers? And, sorry, articles posted on /. don't count.

      --
      "The more corrupt the state, the more numerous the laws."--Tacitus, The Histories
    5. Re:"cops , IQ" by Jah-Wren+Ryel · · Score: 1

      Does it really matter why they started do it?
      The end result is the same and surely they must be happy with the end result because they keep doing it.

      --
      When information is power, privacy is freedom.
    6. Re:"cops , IQ" by interkin3tic · · Score: 1

      This explains SO MANY conversations I've had with law enforcement reguarding public urination! Er... I mean, so many social conversations I've had with cops.

    7. Re:"cops , IQ" by midicase · · Score: 1

      Not in all places. Jacksonville Sheriff Office (FL) has a minimum requirement of a Bachelor if no prior law enforcement experience:
      http://www.joinjso.com/careers/police_officers.php

      With experience it could be a low as an Associates. The side effect is that JSO has some of the highest salaries in the state of Florida.

    8. Re:"cops , IQ" by Anonymous+Cowpat · · Score: 2, Funny

      "What I should have said was: 'yes', but what I actually said was: 'Well, Officer Pythagoras, I think you'll only find a straighter line if you were to take an electroencephalograph of your own brain'. " - Emo Philips

      --
      FGD 135
    9. Re:"cops , IQ" by novakyu · · Score: 1

      Well, he was a community organizer after all ...

  36. Oh nooo! by downix · · Score: 1

    The irony of this is that they listed it as a B.C system, which fits, as Windows truely does feel as if it came from pre-AD...

    --
    Karma Whoring for Fun and Profit.
  37. Maybe, but... by Cookie3 · · Score: 1

    Whether Calixte's guilty or not (and whether or not he's committed any crime) the warrant wasn't requested because of a scary demon -- it was because there's a strong connection between Calixte and a (hate crime?) e-mail that was sent to the entire student body, and (possibly) because Calixte has apparently got a history of suspicious (criminal) activity previously:

    On 1/27/09, "_____ advised Officer Eng that Mr. Calixte has changed grades for students by accessing the Boston College computer system." and on 1/28/09, "Mr. Calixte was also a suspect in a stolen Boston College laptop computer report I investigated previously."

    After the outing e-mail, "Mr. Escalante told me ... this IP address ... indicat[ed] the sender was on BC campus and was using a wired connection in Gabelli residence hall." further, that Calixte registered the computer name and info of the computer that was using the connection at the time. Additionally, they got info from GMail and Yahoo regarding how the e-mail was sent, including a screenshot of another site that also happened to have misc. info connecting the site visitor with Calixte.

    Basically, it's not Linux that got this kid in trouble, it's his own stupidity. And he's supposedly a smart CS student, to boot. Where were his 7 proxies? :p

    --
    present day... present time... hahahaha...
    1. Re:Maybe, but... by kbielefe · · Score: 1

      Basically, it's not Linux that got this kid in trouble, it's his own stupidity. And he's supposedly a smart CS student, to boot. Where were his 7 proxies?

      As one who got into similar trouble in my youth, although thankfully receiving a wake up call before it rose to the level of police involvement, I can say there is a certain dangerous combination of hubris and just enough rope (computer experience) to hang oneself.

      Once you have enough experience to know how to actually pull something off and cover your tracks perfectly, it ceases to be a challenge, ceases to be fun, and you aren't even tempted anymore, because actually doing it doesn't prove anything you don't already know, and by that time you are generally wise enough to consider the risks.

      --
      This space intentionally left blank.
  38. Oblig by dedeman · · Score: 1, Funny

    But does he use lin.... excuse me, there's a knock on the door. ^^^^^NO CARRIER

  39. Bullshit title by DaveV1.0 · · Score: 4, Informative

    Nothing in the facts say the use of Linux, in and of itself, was suspicious. Rather, it appears someone told the police the student was committing crimes and was hiding the evidence by use of dual-booting into Linux.

    This is bullshit FUD.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    1. Re:Bullshit title by DaveV1.0 · · Score: 2, Informative

      His use of Linux, in and of itself, was not the reason for the warrant or the suspicion. Whether it was pertinent to the investigation doesn't matter. The submission and the title imply that it was solely his use of Linux that brought him under suspision, which is not the case. The case is not about him using Linux, it is about what he may have done while using Linux.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  40. Slashdot submission misrepresented??? Shocking!!! by ewenix · · Score: 1

    The warrant lists many reasons (some bogus) why the warrant was to be issued.
    Including changing grades for students, illegally copying movies, "fixing" computers
    for other students so that the computer cannot be scanned for illegally obtained music, etc.
    They seized everything that could be used to store digital information.

  41. Who knows by FyberOptic · · Score: 1

    Without more details, I don't think everyone should be jumping to the conclusion that this guy is innocent, just because he was possibly using Linux and somebody didn't recognize it. There may in fact be some stupidity involved here with the complaint filed, but that doesn't mean the guy isn't still guilty of something.

    That said, computer law in this country is so pathetic that the accusations don't really warrant the degree of search and seizure involved here from what I can figure of the situation.

  42. The phone/iPod seizure wasn't ridiculous by MalleusEBHC · · Score: 1

    While I agree that this is pretty asinine all around, I think the EFF is stretching a bit when they say that taking his cell phone and iPod wasn't warranted. An iPod is still a hard drive, and many cell phones are web-enabled now. While the search warrant never should have been issued in the first place, it would be foolish for the people executing it to not take devices that could have been used to send the email.

  43. Let an alum tell you about BCPD by mckinnsb · · Score: 5, Informative

    Campus police are not rent-a-cops. They are real police. Sadly.

    As an alumni of Boston College I can tell you that the BCPD are not what most people think of when they think of "Campus Police" - they are a bona fide division of the Newton Police Department (in which Boston College resides) and have all of the powers that a normal police officer does - on or off campus. Unfortunately, because of this private/public entanglement, I have seen the BCPD get away with *far more* than any police department would on other college campuses. I've seen people get burned on other campuses (Wesleyean, URI, UConn to name a few) , but nothing like what I have seen at BC. They are very aggressive and care little for your rights.

    BC has a pretty Draconian administration - worse than any Jesuit school I have come across. They use the BCPD as a hanging threat - basically, you have to arbitrate any offense committed on campus according to BC's liking (aka, admitting your guilt) or else the case gets handed directly to the real, legal system with a fairly effortless transition, as their "Campus Police" really *are* police officers; their statements and actions transition to the Massachusetts court without a hiccup.

    In other words, if you want to defend yourself, you have to go to court - any attempt to do so in the arbitration process is impossible. If you admit guilt, there are many cases where it is still considered a crime, and still gets put on your criminal record even after arbitration -although agreeing to resolve in arbitration absolves you of any sentencing because BC then decides what your punishment will be (which is of course the reason why the option is attractive). I have a friend of mine who tried to enter medical school and once was at a small party where people were smoking Marijuana. He was too afraid to defend himself in a court of law, so he admitted guilt, and in the end he had to explain his charge of possession of marijuana to every school he applied to (He got in eventually).

    From what I understand, they also don't need a search warrant from BC for on-campus searches, because technically that space is privately owned by BC, not the college student, and the BCPD is always given tacit consent by the college. Computers and other containers are a different story however- I know a couple of people who got off the hook because the beer they had while they were underage was in their fridge (and hence a container, property of the student that would require a warrant in lieu of permission).

    BC does more harm than good by playing Big Brother to all of the student body. BC even goes so far as to have "off-campus RA's", or RA's that "watch" specific buildings known to have lots of students - and they all have the BCPD on speed dial.

    If it wasn't for the education, I would have transferred out after my freshman year. I hope this kid's lawyers are good.

    1. Re:Let an alum tell you about BCPD by thejuggler · · Score: 1

      "basically, you have to arbitrate any offense committed on campus according to BC's liking (aka, admitting your guilt) "

      This does not surprise me coming from the State that gave us Witch Trials.

    2. Re:Let an alum tell you about BCPD by dr_dank · · Score: 1

      I think this arrangment means that very few of them are bored enough to have to make stuff up and harass people for no reason, but man they seem to HATE my age group.

      Having gone to school in northern New York, it's not uncommon to see that attitude toward the students. If you came from one of these little towns with no opportunities and are lucky enough to get a job at the nearby college, it's easy to feel resentment toward spoiled kids who are attending a four year kegger on mommy and daddy's dime.

      --
      Where does the school board find them and why do they keep sending them to ME?
    3. Re:Let an alum tell you about BCPD by Darby · · Score: 1

      Both myself and my wife are alumnuses of Yale. If the Ivy League teach anything, it's proper grammer.

      At the University of Casual Sex and Beer, they taught us spelling as well.

      Actually, that's not true. Spelling and grammar were like in....grammar school, dude.

    4. Re:Let an alum tell you about BCPD by TheRaven64 · · Score: 1

      From what I understand, they also don't need a search warrant from BC for on-campus searches, because technically that space is privately owned by BC, not the college student, and the BCPD is always given tacit consent by the college

      How on earth would that be legal? Over here you have to have permission of the tenant, not the landlord, to search rented accommodation without a warrant. The landlord is not allowed to enter without the tenant's permission or giving 24 hours notice either. Is it really the case in the USA that the tenant has no rights?

      --
      I am TheRaven on Soylent News
    5. Re:Let an alum tell you about BCPD by asdfndsagse · · Score: 1

      From what I understand, they also don't need a search warrant from BC for on-campus searches, because technically that space is privately owned by BC, not the college student, and the BCPD is always given tacit consent by the college.

      Incorrect. A tenant is the only person that can give consent to search his room or dwelling. A renter does not have this right to give consent until he/she has successfully evicted the tenant. This is long held: in Georgia v. Randolph for example.

    6. Re:Let an alum tell you about BCPD by mckinnsb · · Score: 1

      I'm not sure, in this case, that the students are considered 'tenants'. They certainly didn't treat us like them. IANAL, of course.

    7. Re:Let an alum tell you about BCPD by mckinnsb · · Score: 1

      Ouch. Burn. Never learned Latin :)

    8. Re:Let an alum tell you about BCPD by Cytotoxic · · Score: 1

      I went to a BC football game at Foxboro stadium some years ago and found out that you don't screw with the cops up there. On the extra point following a touchdown, the ball missed the netting behind the goal posts and went into the crowd. The guys in the stands were having a fun game of keepaway from the staff when the cops intervened. They yelled at the next guy that caught the ball to hand it over. He merrily tossed it across the stands as everyone else had been doing. Whereupon he got his ass royally kicked by about 3 cops, and dragged out - presumably to be arrested for disorderly conduct, resisting arrest and assaulting a police officer. (assaulting their batons with his ribs) I'm not sure if they were BC or Foxboro or state police, but I ain't screwing with them, that's for sure.

  44. Check with Virginia Anti-terroris squad by zmnatz · · Score: 1

    Maybe these cops should confer with the guys who wrote that terrorist document in Virginia. The one that points out that Anonymous is organizing on slashdot.

    Police reports are always funny because the cops love to toot their own horns. I remember when a buddy got arrested for carrying a bottle of whiskey when I was in high school (Beach week). This was what the police report stated. "The suspect was carrying a clear bottle with dark brown liquid. Through my expert police training I was able to deduce the liquid contained alcohol"

    1. Re:Check with Virginia Anti-terroris squad by Fulcrum+of+Evil · · Score: 1

      That sounds more like a specific form used for legal requirements than tooting your horn.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    2. Re:Check with Virginia Anti-terroris squad by zmnatz · · Score: 1

      I kinda thought it was funny. Cmon, "my expert police training." More like the cop was walking by when my idiot friend shouted at the top of his lungs for my other idiot friend to give him some of the whiskey.

  45. what the f*** .. by viralMeme · · Score: 1

    'I met with xxxxxxxxx to discuss these allegations further. At this time he advised me of the following. Mr. Calixte is a computer science major with is considered a master of the trade amongst his peers. He is also employed by Bostton College I.T department. xxxxxxxxx stated he was aware of Mr. Calixte's reputation as a "hacker" prior to him being assigned into his room'

  46. Mod Parent Up..... by Shakrai · · Score: 4, Insightful

    That affidavit link was pretty good. The people who are claiming this is all because he called someone else gay or uses Linux should read it before pontificating. The student in question is accused of breaking into college systems to change grades and there is other evidence (DHCP logs) to suggest that he was behind these activities.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
    1. Re:Mod Parent Up..... by slick_rick · · Score: 1

      Funny I read the affidavit and the DHCP logs certainly indicated he was the one who set up the gay email/coming out prank, but I didn't see where/how they tied him to hacking the grade server...

      --
      apt-get install redhat please god - Me (take it easy, I love Debian)
    2. Re:Mod Parent Up..... by Shakrai · · Score: 2, Informative

      No, the accusation accuses him of hacking the grade server. Unless you think that accusation somehow doesn't deserve to be looked into then I don't see what the problem is.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    3. Re:Mod Parent Up..... by BcNexus · · Score: 3, Informative

      The student in question is accused of breaking into college systems to change grades and there is other evidence (DHCP logs) to suggest that he was behind these activities.

      No, there's evidence that the computer used to send the email belongs to Riccardo. The thing is, the affidavit says what Riccardo allegedly did is illegal, but the EFF claims that sending that email is not illegal and thus not not probable cause for a search.

      The conflict here is that whoever signed off on the warrant may have believed that sending said email is illegal, but the EFF has a chance to say prima facae that sending said email is not illegal.

      The charge doesn't fit the crime, if any. It could be conceived that Riccardo may have misrepresented his identity online to send the email, but the affidavit as filed cites a different, inapplicable charge. Furthermore, if the plaintiff is not actually gay, Riccardo may have defamed or libeled the plaintiff, but the affidavit doesn't charge that. And actually isn't that a civil matter, so the cop should not have been involved?

      Finally, if a plaintiff alleges that Riccardo illegally changed grades, then a search warrant must be drawn up for that charge, yes? So, that's a strike.

      Besides, the DHCP logs mentioned in the affidavit don't have the correct dates to support allegations of illegal grade changing.

    4. Re:Mod Parent Up..... by mcvos · · Score: 1

      No, there's evidence that the computer used to send the email belongs to Riccardo. The thing is, the affidavit says what Riccardo allegedly did is illegal, but the EFF claims that sending that email is not illegal and thus not not probable cause for a search.

      There's more than just the email. The roommate claims real illegal activities: changing grades (sounds unlikely, but pretty serious if true), and downloading movies and music (likely, easily provable, but who the hell doesn't do that?).

      Whether claims by a roommate who obviously has an axe to grind is good enough for probable cause, I have no idea. The only physical evidence is related to the email.

      The charge doesn't fit the crime, if any.

      There I agree. It looks likely that the student really did something wrong, but seizing all his stuff based on claims by an angry roommate is a bit extreme.

      Mostly, the warrant looks like a confused mess, but maybe that's usual for these kind of documents. I have no experience with that.

  47. the warrant states a crime by DM9290 · · Score: 5, Informative

    If anyone bothers to actually read the entire information they would notice that the warrant lays out grounds to believe that the accused has accessed school computer systems for the purpose of ALTERING GRADES.

    If that isn't "unauthorized" I'm not sure what is.

    As for the other charge of fraud, it isn't simply a matter of posting an article somewhere and saying 'so and so is gay'. its impersonating someone else and creating a gay profile for the purpose of defamation (which would be an unfair advantage). If someone pretends to be you, and misrepresents themself as you for the purpose of defaming you. This is the kind of misrepresentation that can amount to fraud.

    The hacking does not relate to the profile, but rather altering student grades in a teachers computer system.

    Nothing in the warrant says that the crime is "outing a gay person".

    The officer does seem to make too much out of the fact that the accused apparently can use linux on his machine. but after you remove the sensational parts of the warrant, there is still definitely an allegation of a bona fide crime.

    its unfortunate that cops think that judges are too stupid to follow a logical line of reasoning without dressing it up. But what do you expect when judges are elected and only people with strictly average IQ's can get hired as police.

    its entirely possible the cop was awestruck by linux, but it doesn't matter because altering grades is clearly the kind of thing almost everyone thinks of as unauthorized access.

    --
    No one has a right to their *own* opinion. They have a right to the TRUTH.
    1. Re:the warrant states a crime by Mastodon · · Score: 1

      its unfortunate that cops think that judges are too stupid to follow a logical line of reasoning without dressing it up. But what do you expect when judges are elected and only people with strictly average IQ's can get hired as police.

      Judges in Massachusetts are appointed. I don't know if that makes them smarter.

    2. Re:the warrant states a crime by Hemogoblin · · Score: 2, Insightful

      If someone pretends to be you, and misrepresents themself as you for the purpose of defaming you. This is the kind of misrepresentation that can amount to fraud.

      I'm pretty sure that defamation is only covered under tort law, and isn't actually a criminal offense where the police would need to get involved. Fraud on the other hand is a criminal offense, but I don't see any evidence from the warrant that would support a charge of fraud. The warrant states that he is being charged with "Obtaining computer services by fraud", though it refers to an incorrect section. Note however that this law says "the words "commercial computer service" shall mean the use of computers, computer systems, computer programs or computer networks, or the access to or copying of the data, where such use, access or copying is offered by the proprietor or operator of the computer, system, program, network or data to others on a subscription or other basis for monetary consideration." Signing up for a social networking site under a fake name wouldn't qualify, in my layman's opinion. Going on for two pages about how it was likely that the defendent created the profile/website is, in my opinion, irrelevant.

      The defendent is being charged with "Unauthorized access to computer systems". This could be the "altering grades" thing, but the case for this seems pretty weak prima facie. The only evidence presented is the testimony of the guy's roommate, i.e. the person that was "outed" by the fake website. There's one line in the warrant about how this roomate saw the defendent change grades. The roommate appears to be heavily biased against the defendent, and I'm not convinced we should take his word over the defendent's. Now, I'd be slightly more convinced if the officer had obtained some evidence from the university system that grades HAD been changed.

    3. Re:the warrant states a crime by doomy · · Score: 1

      It also states he "jailbroke" phones and expressly lays it out as being a criminal activity.

      It's mostly a setup from some other guy eg: "hey this dude knows too much about computers, I think he's got tons of downloads, music, movies and he's jailbreaking all sorts of stuff for people (probably stolen phones too!) ... I'm sure all that is illegal!"

      --
      ...free your source and the rest would follow...
    4. Re:the warrant states a crime by LackThereof · · Score: 5, Informative

      Part of the cops reason for making a big deal out of Linux, is the DHCP lease logs. In addition to the MAC address, they record the OS and computer name. The OS is listed as "UNIX/LINUX Ubuntu", and the officer states there are only a couple students on the campus using Linux. Also the computer names match his.

      It's just another way to tie the DHCP lease to this student, 3 pieces of matching information rather than just a MAC address.

      Granted, every single one of those pieces of data can be changed or forged; change your MAC address and configure your DHCP client to report a different computer name/OS, and you could easily frame someone. This is probably the angle the EFF will take regarding this evidence in the trial.

      Alternately, you could just configure your machine to use a static IP, which just happens to be the one currently assigned to your target.

      As incriminating as these DHCP lease logs are, I would hate for them to be held up as conclusive proof of wrongdoing, given how easily they could be manipulated.

      --
      Legalize recreational marijuana. Seriously.
    5. Re:the warrant states a crime by DM9290 · · Score: 1

      As you said "There's one line in the warrant about how this roommate saw the defendant change grades".

      There is no actual evidence of dishonesty from the witness so it would be speculation on the judges part to conclude the witness is lying.

      in the face of the serious consequences for lying to police, witnesses are generally believed.

      the bottom line is that this entire thread makes a big deal out of the warrants mention of a dual boot computer. As if this was the actual basis for the warrant.

      it isn't.

      As for fraud...

      According to wiki " a fraud is an intentional deception made for personal gain or to damage another individual. "

      he gained access to a computer service by entering false personal information in order to create a profile. That is the allegation.

      the crime is not "outing someone". and the basis for the warrant is not "OMFG! he uses a dual boot computer!"

      this story is blown out of proportion.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    6. Re:the warrant states a crime by mdmkolbe · · Score: 1

      But the DHCP lease was never tied to the grade changing. It was only ever tied to the "outing".

    7. Re:the warrant states a crime by Larryish · · Score: 1

      As for the other charge of fraud, it isn't simply a matter of posting an article somewhere and saying 'so and so is gay'. its impersonating someone else and creating a gay profile for the purpose of defamation (which would be an unfair advantage). If someone pretends to be you, and misrepresents themself as you for the purpose of defaming you. This is the kind of misrepresentation that can amount to fraud.

      Yeah!
      And also he was stupid for not using a proxy.

  48. degeneration by roman_mir · · Score: 1

    Some of the supposedly suspicious activities listed in support of the search warrant application include: the student being seen with "unknown laptop computers," which he "says" he was fixing for other students; the student uses multiple names to log on to his computer; and the student uses two different operating systems, including one that is not the "regular B.C. operating system" but instead has "a black screen with white font which he uses prompt commands on."

    - back when I was studying CompSci at UofToronto we had computer labs full of Suns running Solaris, it was all different screen colors and people typed commands as well as clicking on stuff in windowing environments.

    What the hell kind of colleges are they running now?

  49. Search warrant... by AdamTrace · · Score: 2, Interesting

    Did anyone actually read the search warrant? There's a LOT more in there than "using Linux".

    Changing grades, hacking into unauthorized systems, non-trivial harassment...

    This is one of the most misleading headlines I've seen in a long time.

    1. Re:Search warrant... by Merovign · · Score: 2, Funny

      A misleading headline, jumping to conclusions like mad hares, and mad conspiracy theories about "the man?"

      On slashdot?

      The deuce you say!

  50. Hmm... by kabocox · · Score: 1

    Reminds me of some one I knew from college. He was running linux and had mixed up two IP addresses. Apparently most of the mail of the campus was running through his dorm computer. The dorm manager, the campus cops and the campus IT folks all got involved. It wasn't that violent though and I believe that he got his computer back shortly.

    What was disturbing was that could have been cleared up by campus IT folks alone. They could have just locked down his port made a phone call and told him to his port wouldn't be unlocked until his machine was correctly configured.

    Heck, knows what they'll be thinking of these dangerous netbooks running around.

    1. Re:Hmm... by MindlessAutomata · · Score: 1

      Uh, I'm confused. If all the mail is running through his computer, isn't that directly the fault of the IT staff in the first place?

    2. Re:Hmm... by jimicus · · Score: 1

      Reminds me of some one I knew from college. He was running linux and had mixed up two IP addresses. Apparently most of the mail of the campus was running through his dorm computer. The dorm manager, the campus cops and the campus IT folks all got involved. It wasn't that violent though and I believe that he got his computer back shortly.

      What was disturbing was that could have been cleared up by campus IT folks alone. They could have just locked down his port made a phone call and told him to his port wouldn't be unlocked until his machine was correctly configured.

      Heck, knows what they'll be thinking of these dangerous netbooks running around.

      Curious. I was told about exactly the same thing happening at the place where I went to university, but the tone of your post makes me think you may be American and there weren't very many Americans on my course in the UK.

      Now I've graduated and know a bit more about networking, part of me wonders if this kind of thing is an urban legend banded around by lecturers to make sure students think before blindly configuring things they may not understand.

    3. Re:Hmm... by kabocox · · Score: 1

      Curious. I was told about exactly the same thing happening at the place where I went to university, but the tone of your post makes me think you may be American and there weren't very many Americans on my course in the UK.

      Now I've graduated and know a bit more about networking, part of me wonders if this kind of thing is an urban legend banded around by lecturers to make sure students think before blindly configuring things they may not

      I don't know what he configured wrong, but that's the story that got relayed to me for what happened. Time frame this was 1996-1998 and he was just happy to get a linux desktop up and running back then. It was easy to believe that he misconfigured something, but it was odd that it some how hijacked the campus e-mail. I'm wondering if it was actually limited to hijacking just our dorm e-mail. That would have made a bit more sense, but I never heard specifics. This is what he was told that was going on. Now, he and the dorm head had no idea if this was actually true. The campus cops went along with what the campus IT guys said though.

      I don't know the time frame it took for him to get his computer back though. I do know the event happened, I don't know the actual details that the cops were told, or if any of it was actually true. He did have to go through campus IT to get his dorm room even on the network. They pretty much told him from there just to plug the network jack in, and it should autoconfigure stuff. Who knows what actually happened?

    4. Re:Hmm... by gd2shoe · · Score: 1

      Wait... What? He used the campus mail server's IP address and "most of" the campus routers honored that? What kind of backwards college did you go to?

      Further, he was running an SMTP server and used the campus' primary MX address as his own? That sounds like either a very naive mistake or intentional wiretapping. That's probably why they confiscated his machine. They were proving he was recklessly incompetent and not a criminal. They may also have been reclaiming emails stuck on his system (depending on whether the mail was forwarding to a secondary mail server or not, etc). The campus in question still needs to get a clue about routing, but it is very suspicious behaviour worth investigating.

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
  51. DOS? by DigitalMonarch · · Score: 2, Funny

    "..the other is a black screen with white font which he uses prompt commands on.' This kid is totally 1337, he's using DOS!

    1. Re:DOS? by Noxn · · Score: 1

      Or a commandline Linux

      --
      By reading this you agree to give me (Noxn) 1 dollar.
  52. what the f*** part 2 by viralMeme · · Score: 1

    '(a) On two occasions web-based email accounts (gmail and yahoo mail) were used to send email to a mailing list at BC. The yahoo message included the IP address of the client used to send the message. This IP was 136.167.207.174 - indicating the sender was on the BC campus, and was using a wired connection in Gabelli residence hall'

    I thought Calixte was a master hacker. Would any of you slashdot geniuses like to show him how to use a proxy.

  53. The warrant itself isn't nearly this stupid by autocracy · · Score: 3, Insightful

    Some of the info is superfluous, but the officer is only quoting what somebody else told him when he mentions "the regular BC operating system and the other [with a] black screen with white text".

    The officer supports a lot of information with MAC addresses, University logs, comments from the University Director of IT, etc. One witness being technologically inept doesn't really matter. The officer, at least from my understanding of the affidavit, KNOWS what Ubuntu is. I suspect this witness' statement is there just to provide ancillary evidence that links the Ubuntu laptop as owned by the suspect being investigated.

    I've seen a lot of stupid police actions, but this guy seems to be reasonably well-informed.

    If I were in the position of a judge today, and I saw that warrant, I'd sign off on it. Please find & read the whole warrant.

    *Once investigated by the campus police because I used the terminal on OS X, and the other student thought I hacked her laptop. Grrrrrrr.

    --
    SIG: HUP
    1. Re:The warrant itself isn't nearly this stupid by Oloryn · · Score: 1

      but the officer is only quoting what somebody else told him when he mentions "the regular BC operating system and the other [with a] black screen with white text".

      I'll agree that the dodgy aspects of this seem to be essentially a quote of the statements of the 'outing' victim, not a conclusion of the officer. What does bother me is that the statements of this witness seem to bear all of the hallmarks of what a fairly computer-illiterate person would come up with if he was trying to make up charges against a 'computer wizard' that he thought might stick. In a school, 'changing grades' is a fairly 'standard' meme of what a 'bad hacker' might be doing, and the rest (being seen around campus with a bunch of different laptops, using two operating systems 'to hide his illegal activities') may very well be innoculous activities painted in the worst possible light. You wonder if the officer should a lot more suspicious that the outing victim might be using him and these accusations as a means of retaliation.

  54. Nothing to see here... by WPIDalamar · · Score: 2, Informative

    Read the document.
    http://www.eff.org/files/filenode/inresearchBC/EXHIBIT-A.pdf

    There's probable-cause in there unrelated to linux and gay mailings.

    1. Re:Nothing to see here... by DarkProphet · · Score: 1
      --
      What could possibly hurt the security of the American people more than giving our own government the ability to hide its
  55. Ah, for the good old days . . . by OhHellWithIt · · Score: 1

    . . . when ACs wrote someone's name on the bathroom wall. Come to think if it, where the <bleep> where the campus police then?

    And besides, it's Massachusetts. Why would anyone there care if a person's gay or not?

    --
    "Who controls the past controls the future. Who controls the present controls the past." -- George Orwell
  56. Re: so what ... by viralMeme · · Score: 2, Insightful

    "Did anyone actually read the search warrant? There's a LOT more in there than "using Linux". Changing grades, hacking into unauthorized systems, non-trivial harassment... This is one of the most misleading headlines I've seen in a long time

    Of course, it must be true as it's in a warrant, just ask Julie Amero

  57. Re:Just the opposite I think by bemymonkey · · Score: 1

    You people have no sense of humor... mod up already :)

  58. I got betta! by DarthVain · · Score: 1

    Eees a witch! Git 'em!

    1. Re:I got betta! by Lost+Penguin · · Score: 1

      But they dressed his computer like this.

      --
      I am the unwilling control for my Origin.
  59. why would a master hacker be that stupid .. by viralMeme · · Score: 1

    "The detective who filed the application had interviewed the suspect's roommate, who said that, among other things, he had "observed [the suspect hacking] into the B.C. grading system that is used by professors to change grades for student," that he suspected the suspect of damaging his brand new computer, and that the suspect had posted a fake web site profile of the roommate"

    To let himself be observed 'hacking the grade system, and postign a fake blog entry o nthe same roommate. What evidence is there of illegal access to this 'grading system', apart from the word of a disgruntled roommate, who thinks Calixte called him gay, online?

    1. Re:why would a master hacker be that stupid .. by edward2020 · · Score: 1

      I agree. With no other evidence except someones word (for example, wouldn't a prof. be suspicious if a student's grade suddenly jumped a few letters) its pretty similar to a witch hunt from back in the day. Maybe we should see if the fucker floats.

      --
      Don't worry about the mule, just load the wagon.
    2. Re:why would a master hacker be that stupid .. by roguetrick · · Score: 1

      I agree that the roomate certainly has motive to defraud the investigators, and I think the scope of the warrant was too wide. But claims like this do need to be investigated.

      --
      -The world would be a better place if everyone had a hoverboard
  60. guilty. by roman_mir · · Score: 1

    the student uses multiple names to log on to his computer;

    - clearly a terrorist.

    and the student uses two different operating systems, including one that is not the "regular B.C. operating system" but instead has "a black screen with white font which he uses prompt commands on."

    - DOS?

  61. Same thing with most railroad police by autocracy · · Score: 1

    ... including private railroad companies. They usually have the effective power of State Police in any state the railroad operates.

    --
    SIG: HUP
  62. From exhibit A by esocid · · Score: 1
    Exhibit A has some ridiculous items in it, statements from the roommate:

    he has "fixed" computers so that they cannot be scanned by any system for detection of illegal downloads and illegal internet use, "jail breaks" cell phones, possibly stolen ones, for people so that the phones can be used on networks other than they are meant for and downloaded program software against the licensing agreement for free.

    minus the cracked software, the other stuff is ludicrous.

    ..since his problems with Mr. Calixte his brand new computer has crashed and he suspects that Mr. Calixte is responsible....(he has the password cause he set it up for him)...The computer has been looked at by several experts and none of them can resolve the problem.

    The search warrant also specified that firewalls and printers could be seized...firewalls?

    --
    Absolute power corrupts absolutely. indymedia
    1. Re:From exhibit A by Jedi+Alec · · Score: 1

      The search warrant also specified that firewalls and printers could be seized...firewalls?

      Hardware router?

      --

      People replying to my sig annoy me. That's why I change it all the time.
  63. Oh Boston. You're strange. by courtjester801 · · Score: 1

    Thank god he didn't have a lite bright of a mooninite in addition to running a command prompt interface ... He could have destroyed us all.

  64. but--the guy IS gay by Anonymous Coward · · Score: 1, Funny

    That's right, seize all slashdot servers and try to find out who posted this.

  65. The OS the cops are familiar with is by microbee · · Score: 1

    black screen with GREEN characters flowing from top to bottom.

    I hear they call it the Matrix OS.

    Black screen with white fonts is NOT authorized.

  66. Dream on, little dreamer, dream on. by Anonymous Coward · · Score: 2, Insightful

    I take it you are not familiar with the incidents you describe.

    Here in reality, no, the campus cop murdered an unarmed homeless guy in cold blood for "acting crazy" (he actually WAS crazy, although completely non-violent, as it turns out) and gets to not only keep his badge, but continue violently harming innocents.

    The most bleakly humorous part was how the cop came to his murder trial (acquitted of course) proudly displaying a copy of Machiavelli's "The Prince" and mugging with it for passersby.

    "The Prince is above the Law, because the Prince is the Law" -- Nicolo Machiavelli

    1. Re:Dream on, little dreamer, dream on. by fishbowl · · Score: 1

      >I take it you are not familiar with the incidents you describe.

      Cite all the corner cases you'd like, but don't pretend that when "you" try it you'll get the same results.

      --
      -fb Everything not expressly forbidden is now mandatory.
  67. this has and will by nimbius · · Score: 2, Interesting

    continue to happen. personally, i was suspended 3 days in highschool for having the audacity to remotely log into my home pc and download my homework under the guise of "hacking with unix."

    ive been stopped in the laguardia intl. airport for booting a laptop that only posted a command prompt, ordered to produce "the start button" and when i couldnt i was detained for 20 minutes
    for a nice chat with the TSA.

    blame Hollywood. ever since hackers a command prompt is a sign of devious intent. all three matrixes implied it, johnny mnemonic, terminator 2, and the latest die hard to some extent all confirm
    console=evil superhacker.

    i guess on the bright side, im finally pretty cool now :)

    --
    Good people go to bed earlier.
    1. Re:this has and will by nick_davison · · Score: 2, Insightful

      Read the exhibit...

      The actual exhibit shows, step by step, how the harassment was tracked to a pair of web mail accounts, tracked via server logs to a specific IP, tracked to a machine in the suspect's name, running Linux.

      Linux is an embellishing detail but the actual accusation has nothing to do with "OMG, LINUX IS WEIRD!" and everything to do with... yep, guy's a douche and he used a Linux box to harass someone, here's step by step proof to demonstrate that.

      Your case, if it's as simple as you make out, is totally different. As you describe it, you were falsely accused due to ignorance. He was proved almost certainly guilty by a very methodical approach where Linux was just one minor detail that's been overplayed in cheap headline grabbing summaries.

  68. nope- not bs by way2trivial · · Score: 5, Informative
    --
    every day http://en.wikipedia.org/wiki/Special:Random
    1. Re:nope- not bs by atraintocry · · Score: 2, Interesting

      Gotta love modding for censorship purposes.

      Let's see him mod me to. Parent is links to a couple of citations backing up the GP's claim, which is that police departments can and do screen out high-IQ candidates.

      What surprises me is that it's going on in Connecticut. Because I've dealt with my share of CT cops and frankly the screening isn't necessary, they're not going to discover any hidden geniuses among those guys.

    2. Re:nope- not bs by atraintocry · · Score: 1

      "mod me too" sorry but the internet is rotting my brain

    3. Re:nope- not bs by michelcolman · · Score: 1

      I love this part: "Judge Dorsey ruled that Mr. Jordan was not denied equal protection because the city of New London applied the same standard to everyone: anyone who scored too high was rejected." So I guess you can also "apply the same standard to anyone" and reject anyone with a black skin color, right?

  69. The problem here is no revenge by digitalgimpus · · Score: 1

    Even if the case were to get thrown out... you can't go after the police, the school or the DA for something this stupid. You can only say "thank you". No recouping lost money, damages to hardware (since police routinely destroy things during "investigations"). He may however get a nice bill for "storage".

  70. Read the Warrant not the EFF Article by Trauma_Hound1 · · Score: 1

    http://www.eff.org/files/filenode/inresearchBC/EXHIBIT-A.pdf

    After reading that, it became clear to me, that the EFF are wrong in this case. There was much more evidence in there that any reasonable computer person would say, yes that's probable cause.

    --
    Don't Vote for Norm Dicks! http://www.nodicks2008.com Another nutless dirtbag that voted for the FISA bill!
  71. get root, go to jail by airuck · · Score: 1, Funny

    AND he used ssh for remote logins. Burn him!

    --
    First entomology, then virology, and finally bioinformatics systems. Bugs follow me wherever I go.
  72. This is Boston by russlar · · Score: 1

    Are we really that surprised by this? This is Boston, place where Lite-Brites are instruments or terrorism!

    --
    Anybody want my mod points?
  73. Barney Fife? by DJRumpy · · Score: 1

    The fact that police could take all of his computer equipment if he broke the law using said equipment isn't news at all.

    The only news here is that they took all of his computer equipment, cell phone, etc., with no probably cause other than the fact that he is skilled with computers, hardware, and various operating systems.

    This sounds like something Barney Fife would do to get Aunt Bea into bed...

  74. Government Involvement... by geekmux · · Score: 1

    Really? Come on now, I own a rifle, does that mean I shoot people? I have strong encryption on my hard drive, does that make me a terrorist?

    No, but having those things mean you have the ability to do things the government doesn't want you to do. The easiest way to prevent crime is to take away everyone's freedom.

    Ah, don't you mean the easiest way to promote crime? Take away my freedoms to legally defend myself and my privacy, and you've only got the criminals left, who tend to give a rats ass about legalities.

    1. Re:Government Involvement... by SirGarlon · · Score: 1

      Ah, don't you mean the easiest way to promote crime?

      Depends on your definition of "crime." Taking away people's freedoms can be effective in preventing "crime" meaning doing harm to others, but of course it's even more effective in promoting "crime" meaning doing things the government says you're not permitted to do. The more laws get past, the more stark the distinction between those two definitions becomes.

      --
      [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
  75. As seen on TV by GoodNicksAreTaken · · Score: 1

    They saw it in a movie. If they'd seen his screen saver he would have been arrested for Hacking the Gibson

  76. Massachusetts Law by alexhmit01 · · Score: 2, Informative

    I graduated in 2001, so this MAY have changed, but back then, the law was:
    Campus Police have municipal powers in buildings owned by the college/university. So that covered the buildings, but not the public roads. To get around this, the CPs were deputized by the County they were in as Sheriff Deputies, which gave them legal authority throughout the county, with a tacit agreement with the normal police to only use it on the campus, or related buildings (basically the Fraternity houses were privately owned, this gave them responsibility). During the city harassment of MIT fraternities (a pledge at one died, the licensing board started threatening licenses of all the independent houses over minor infractions, pretty much continued until 9/11 when people forgot about it), the MIT CPs had a problem...

    The had municipal authority in dorms... they had Sheriff powers in Cambridge Fraternities as Middlesex Sheriff Deputies. But they couldn't do anything in the Boston fraternities. After heavy lobbying, they also were deputized in Suffolk County, so they could patrol there. As fraternity risk manager, this was a GREAT thing, because while the city was harassing us, the school nominally supported us (they did a poor job, but tried), so we'd call the CPs at the first sign of trouble, and usually Boston PD wouldn't bother us because the CPs were on the scene.

    The utter irony... neither Middlesex County nor Suffolk County really exist anymore... they counties exist as regional designation, there is no county-level government, everything is either unified with the city or administered by the state. So while they were deputized as Sheriff's deputies, I'm pretty sure we didn't have a Sheriff or a Sheriff's department... all of Suffolk County Sheriff Deputies appeared to be CPs of Boston schools.

  77. Don't forget it's most serious countermeasure: by vranash · · Score: 2, Funny

    Penetration Enhanced Network Interface Security.

  78. Re:Hear that? by Hurricane78 · · Score: 1

    Good. Because I know a joke when I see one, and that thing wasn't one, as sure as I am the captain of the Nebucad.... HEY! That fucker stole my ship!

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  79. BC C.S. Grad by Weeksauce · · Score: 1

    I feel unsurprised and ashamed as a BC CS grad right now... Ironically, as a C.S. student at BC you HAVE to have a linux distro for all C code (faculty recommends Fedora).

    --
    An inventor is a man who asks 'Why?' of the universe and lets nothing stand between the answer and his mind.
  80. Linux use is a red herring. by labradore · · Score: 1
    Calixte is accused by his roommate of illegally gaining access to the BU grade-keeping system to change students' class grades. He is also accused of misrepresenting himself as his roommate on a gay singles forum and mailing list online. Finally, he is accused of breaking the estranged roommate's computer. They have some dorm IP records and email server logs that indicate that the email came from the suspect's computer.

    Use of Linux is a red herring here. The suspect likely did some bad things. It's apparent from the warrant application that the applicant has limited personal experience investigating computer crime and limited technology knowledge, but he is being backed up by one or more people who do have the knowledge and don't have the ability or the duty to file the warrant application.

  81. Oh please by Shivetya · · Score: 5, Informative

    the real reason they have to dumb it down; yeah I have friends who are/were cops; is because of political correctness. Hell they had to reduce the physical requirements in some districts because the fatties sued.

    The majority of cops (like 95% or more) are very good people. Just like any other industry you get a few bad apples who ruin it for everyone else. Just like any unionized shop they are practically forced to keep them. There are only so many desk jobs to go around to place truly bad ones in. You can get them if they do something truly illegal and get caught doing so. Still the reason why cop abuse stories hit the news so hard is because it isn't common place; well it might be more so in some areas but overall it isn't.

    Don't go off thinking most of these are country bumpkins; don't confuse elected sheriffs with real cops either, some of those are real ego trippers.

    The fact is most are just like the rest of your neighbors. The difference is they are in the public eye all the time. Many have college degrees, its required for advancement in some areas.

    The standard people are applying here is the same thing the cops in the story are being doing... and who is being vilified for it?

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
    1. Re:Oh please by Hatta · · Score: 4, Insightful

      The majority of cops (like 95% or more) are very good people

      Anyone who has ever busted a pot smoker is not a very good person at all. "I was just doing my job" is no excuse.

      --
      Give me Classic Slashdot or give me death!
    2. Re:Oh please by Quothz · · Score: 5, Interesting
      I've had a couple cop buddies, and probably more non-friendly interactions with police than average. I think you're spot on, for the most part. I'd like to add a little, tho'.

      Still the reason why cop abuse stories hit the news so hard is because it isn't commonplace

      That, plus police are in a position of strong public trust. When a cop does wrong, people feel extra-betrayed (as well they should). That goes double when it's someone high-ranking, and triple when that person is or appears to be covering for his or her underlings' misbehavior. Police are held to a higher standard by the public; they should be held to that standard by law and practice, but often are not, which fuels discontent.

      As to intelligence, what you said. Police often appear to be dumber than they are, because often they're following carefully-designed and intensely-trained procedures. Particularly when gathering evidence, police are trained to do so carefully and pedantically in a Socratic way.

      A good law enforcement officer usually should appear as dumb as a box of rocks. When handling routine matters, he or she is following a routine procedure in a standard way. When gathering evidence, this helps ensure that the chain of evidence is complete (and doesn't include unwarranted logical leaps or assumptions by the police), and helps avoid the police equivalent of researcher bias (leading a suspect or witness into saying what the cop wants to hear).

      The smartest cops are the ones that appear to be stupid. Stupid cops try to act smart, joking with or about suspects, making "clever" threats, and so forth.

    3. Re:Oh please by narcberry · · Score: 1, Flamebait

      If it weren't illegal, I'd be on your side. As is, you're an idiot.

      --
      Modding me -1 troll doesn't make me wrong.
    4. Re:Oh please by XnavxeMiyyep · · Score: 1

      Modding me -1 troll doesn't make me wrong.

      What if your post said, This post will never be modded -1 troll?

      --
      I put the 't' in electrical engineering.
    5. Re:Oh please by shutdown+-p+now · · Score: 3, Informative

      What about judges who have convicted pot smokers, based strictly on the laws on the books (as they are intended to do)?

      By the way, what recourse would you suggest for people involved in such cases?

    6. Re:Oh please by cnoocy · · Score: 3, Insightful

      Still the reason why cop abuse stories hit the news so hard is because it isn't commonplace

      That, plus police are in a position of strong public trust. When a cop does wrong, people feel extra-betrayed (as well they should). That goes double when it's someone high-ranking, and triple when that person is or appears to be covering for his or her underlings' misbehavior. Police are held to a higher standard by the public; they should be held to that standard by law and practice, but often are not, which fuels discontent.

      In addition, we never see any cops condemn poor behavior by other cops. And by "poor behavior" I mean tasing kids to death and rank corruption. I believe that 95% of cops are good people, but it would be a lot easier if PDs ever gave any impression that they knew it was possible for cops to screw up.

      --
      This sig is not the Zahir. Lucky for you.
    7. Re:Oh please by QuantumRiff · · Score: 1

      I have a slightly different theory, but about the same ratio...

      About 90% of cops are the people that like to do the right thing, help people in need, stand up for the little guy,etc.

      However, the other 10% are the guys that you picked on in school, called names, made fun of, and didn't listen to.. Now its their turn, and they are going to show you...

      --

      What are we going to do tonight Brain?
    8. Re:Oh please by Cheapy · · Score: 2, Insightful

      A cop interpreting the law is a tad more worrisome than some smoker getting busted.

      --
      Would you kindly mod me +1 insightful?
    9. Re:Oh please by Hatta · · Score: 1

      Any person of good conscience should refuse to enforce any such law. No. Any person of good conscience DOES refuse to enforce any such law.

      --
      Give me Classic Slashdot or give me death!
    10. Re:Oh please by Hatta · · Score: 3, Insightful

      Everyone should interpret the law. This is why we have consciences. When the law is unjust, it is not in the interest of justice to obey or enforce it.

      --
      Give me Classic Slashdot or give me death!
    11. Re:Oh please by barnacle · · Score: 1

      you mean like columbo? :-)

    12. Re:Oh please by pclminion · · Score: 1

      The majority of cops (like 95% or more) are very good people. Just like any other industry you get a few bad apples who ruin it for everyone else. Just like any unionized shop they are practically forced to keep them. There are only so many desk jobs to go around to place truly bad ones in. You can get them if they do something truly illegal and get caught doing so. Still the reason why cop abuse stories hit the news so hard is because it isn't common place; well it might be more so in some areas but overall it isn't.

      Blah, blah blah. We're not talking about janitors here. We're talking about the very people who are given the legal capacity to arrest us, detain us, interrogate us, and jail us. A 5% rate of "bad apples" is ridiculously huge for such a class of people. If they have "zero tolerance" of crime in the general population, then we should have zero tolerance of ethical deficiency on their part.

    13. Re:Oh please by Reziac · · Score: 1

      What about the sort of passive-aggressive behaviour that I've seen in so many cops -- even when they're NOT on the job? Where they sortof over-fill the space they're in, as if to force everyone else to give ground? Maybe it's trained, I dunno, but it certainly produces a perception of bullying.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    14. Re:Oh please by ildon · · Score: 1

      It's against the law. We live in a society of laws. Either follow the law or get the law changed.

    15. Re:Oh please by mdielmann · · Score: 1

      A good law enforcement officer usually should appear as dumb as a box of rocks.

      So what you're saying is Columbo wasn't a drama, it was a documentary/training material?

      --
      Sure I'm paranoid, but am I paranoid enough?
    16. Re:Oh please by Quothz · · Score: 1

      What about the sort of passive-aggressive behaviour that I've seen in so many cops -- even when they're NOT on the job?

      It's inexcusable behavior, but it's also a matter of visibility. You don't notice the police who are professional on duty and are well-adjusted human beings while off. I daresay the police draw a higher percentage of assholes than most other jobs, but even so, I think it's a pretty small number.

      If you see a cop who behaves like a jerk, I strongly suggest writing a letter (yeah, pen-and-ink) to his or her department. This goes for off-duty, as well, if you feel that he or she is taking advantage of his or her position. It won't get a cop dismissed on its own, but a few such letters from folks can inhibit promotion and haunt the cop during any future disciplinary action. This is of course most effective if you're a witness or bystander, not a suspect. Like always, evil wins when good does nothing. Act!

      Likewise, it's a good idea to write, even an email, when you've had a good experience with police. Let 'em know who the good guys are!

    17. Re:Oh please by Hawke666 · · Score: 1

      Ah, so "I was just doing my job" is an excuse, as long as it's excusing something sufficiently insignificant. Got it.

    18. Re:Oh please by thesandtiger · · Score: 1

      The problem with this attitude - 95% of cops are OK, it's 5% who suck, just like in any other job - is that the effects of improper behavior by a police officer can be catastrophic, much more so than many other jobs.

      Police should be held to a higher standard because they are given quite a bit of responsibility and quite a bit of power.

      Let me give you a car analogy:

      If your seat heater only works 95% of the time, that's totally okay. If your brakes only worked 95% of the time, that's a huge problem.

      --
      Since I can't tell them apart, I treat all ACs as the same person.
    19. Re:Oh please by thesandtiger · · Score: 1

      The problem is that not everyone agrees on what's just and unjust, especially not people who have extensive experience with the justice system.

      I'm as liberal as the next gal, wish we had legal weed in the states (not to smoke, but just for the revenues it'd generate), but there is no way I want judges to start legislating from the bench on drug charges. Why? Because it isn't their job to do so. It also opens the door for other judges who have rather more conservative opinions to disregard the law as well. We have a system, make the system work. Disregarding laws we don't agree with on a retail basis rather than working with the system in place to change it may seem more effective, but that's only in the short term.

      Mind you, I'm all for civil disobedience - I think *citizens* have the right to violate laws they disagree with (expecting that they will suffer the penalties for violating the law), and hopefully their plight will show how absolutely stupid the law is, and cause the laws to change. But I don't think it should be judges doing it - in fact, I think a judge letting someone off for an absolutely stupid "crime" probably makes it harder to get the law changed because there's nothing to be bothered by. We *should* be pissed off at the draconian punishments for non-offensive things, because then people will be motivated to do something about it. "Man gets 5 years in prison for dime-bag" is outrageous and generates protest; "Man who had dime-bag has charges against him dropped," makes life easier for that one guy, but does nothing to get rid of the law.

      --
      Since I can't tell them apart, I treat all ACs as the same person.
    20. Re:Oh please by Explodicle · · Score: 1

      Anyone who has ever busted a pot smoker is not a very good person at all. "I was just doing my job" is no excuse.

      Associating marijuana smokers with Holocaust victims is a quick way to get you pegged as "idiotic ass-hat".

      The superior orders defense predates the Holocaust by centuries, and the grandparent post made no mention of it. Even if we assume no historical context outside the Nuremburg trials, this would not make the defense any more valid when applied to a lesser injustice.

    21. Re:Oh please by Nutria · · Score: 1

      Even if we assume no historical context outside the Nuremburg trials, this would not make the defense any more valid when applied to a lesser injustice.

      Sure it does (make it valid), because honest people can disagree about whether smoking pot should be legal, but no one can argue as to whether genocide is wrong or not.

      --
      "I don't know, therefore Aliens" Wafflebox1
    22. Re:Oh please by Explodicle · · Score: 1

      Sure it does (make it valid), because honest people can disagree about whether smoking pot should be legal, but no one can argue as to whether genocide is wrong or not.

      Many people already have argued that genocide is not wrong. Just ask someone from Germany, Rwanda, Yugoslavia, or Darfur.

    23. Re:Oh please by Nutria · · Score: 1

      Many people already have argued that genocide is not wrong. Just ask someone from Germany, Rwanda, Yugoslavia, or Darfur.

      Point taken. I should have written no one can validly argue as to whether genocide is wrong.

      --
      "I don't know, therefore Aliens" Wafflebox1
    24. Re:Oh please by alexo · · Score: 1

      The majority of cops (like 95% or more) are very good people. Just like any other industry you get a few bad apples who ruin it for everyone else.

      Rather, you get a "few" bad apples and the rest are complicit.

    25. Re:Oh please by Explodicle · · Score: 1

      Point taken. I should have written no one can validly argue as to whether genocide is wrong.

      No one can validly argue that marijuana should be illegal either. :-P

    26. Re:Oh please by Nutria · · Score: 1

      No one can validly argue that marijuana should be illegal either. :-P

      They can because I say say they can...

      --
      "I don't know, therefore Aliens" Wafflebox1
  82. Hounded for exposing a gay guy by Animats · · Score: 1

    This guy is being hounded for exposing someone as gay. Some people think that's bad, and some people think it's a public service. The US is about evenly divided on this.

    No way is it a criminal act, at least if the guy is in fact gay. Truth is an absolute defense to libel under US law.

  83. Mod parent up - read the actual search warrant by KingRobot · · Score: 1

    Being a CS student myself, this case interested me enough to also have read the search warrant. I very much agree with the parent here in that that there was definitely enough evidence to seize the computer equipment. Among other things:
    * Combinations of IP addresses, hostnames, and mac addresses (used in sending out the e-mails) all trace back to him
    * This is not the first time he has been a suspect for certain crimes
    * Is likely guilty on several counts of bootlegged software and other media, such as video
    * He's been known to be (or accused of by at least one reliable witness), bragging about his "hacking" skills, of helping other students with illegal filesharing, etc.

  84. Brings a Whole New Dire Meaning.... by BJ_Covert_Action · · Score: 1
    ...to the thinkgeek items that say, "No, I will not fix your computer."

    From the original article:

    Some of the supposedly suspicious activities listed in support of the search warrant application include: the student being seen with "unknown laptop computers," which he "says" he was fixing for other students; the student uses multiple names to log on to his computer...."

    I particularly like the fact that having multiple log in accounts and multiple laptops is suspicious behavior. Damn those greedy capitalist pig-dog students who aren't content with one computer and one user Id.....

  85. It was bound to happen eventually by nurb432 · · Score: 1

    Only 'evil hackers' don't use windows. ( or OSX i suppose.. )

    --
    ---- Booth was a patriot ----
  86. Clearly by joeszilagyi · · Score: 1

    Linux is crime and danger, wrapped in CLI silence and darkness.

    --
    Dude, where's my packet?
  87. Printers and CPUs store data? by orgelspieler · · Score: 1

    The application for warrant is hilarious. Detective Christopher wants permission to seize any data storage devices, including CPUs and printers. I wonder what data he thinks is stored on the printer. Also, he "jail breaks" cell phones! OMFG he's a cell phone terrorist.

    What this boils down to is a stupid cop who suspected this Calixte guy in a laptop burglary a while back, but couldn't find any evidence to back it up. Then the cop finds out that the guys roommate is pissed at the suspect because he put up a fake profile on a gay site, so he convinces the roommate to become a witness. My guess is the cop is really looking for the laptop from the earlier case, and he's just using this idiot/whiny-bitch roommate to get a warrant.

  88. Re:People are afraid of what they don't know by Fulcrum+of+Evil · · Score: 4, Insightful

    Why do you hope the student wins? He sounds like a dirtbag who steals computers and calls people gay because he thinks it's funny.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  89. That application was good for a few laughs by gsmalleus · · Score: 1

    [The informant] told me that since his problems with Mr. Calixte, his brand new computer has crashed and he suspects Mr. Calixte is responsible. Mr. Calixte has access into [the informant's] computer as he set it up for him when they were friends and he knows the password. The computer has been looked at by several experts and none of them can resolve the problem.

    You might blame Mr. Calixte, but I would probably blame Microsoft.

    Also mentioned:

    • He is often seen with unknown laptops he is "fixing" for other students.
    • He "jail breaks" phones which is in violation of the software license.
    • He has a cache of illegally downloaded music and movies.

    ***Suddenly I am feeling like a criminal***

    The warrant application also wanted to seize:

    • All objects capable of storing digital data including but not limited to...
      • Central Processing Units
      • Modems
      • Optical Scanners
      • USB drivers
      • Firewalls
    • All system documentation including but not limited to...
      • Computer Application Manuals
      • ISP Manuals, Books, & Brochures
      • Computer Protocols
    1. Re:That application was good for a few laughs by Fuzzums · · Score: 1

      don't forget to go for the digital radio.
      the radio staions are stored digitally too.

      --
      Privacy is terrorism.
  90. Felony! by Gerocrack · · Score: 1

    White text on a black screen? That IS a crime...

  91. cmd.exe by confused+one · · Score: 1

    Although, it is a linux story, this could have just as easily been Windows and cmd.exe. This is ridiculously stupid.

  92. Hmmm.... by justkeeper · · Score: 1

    What about Windows 2008?

  93. CLI == Linux? by jtgd · · Score: 1

    "..and the other is a black screen with white font which he uses prompt commands on"

    Wait, how do they know he wasn't running MSDOS?

    Surely if he was running a Microsoft OS then it couldn't be terrorism.

    --
    J
  94. Using Linux by Fuzzums · · Score: 1

    is like showing you're not conforming to the standard and that is scary.

    they should take his fingerprints and everything. just to be sure.

    end of sarcasm with a bit of truth in it

    --
    Privacy is terrorism.
  95. The anonymous person is not very smart by aarenz · · Score: 1

    In the warrant, it lists that he has the password for this persons computer because it was setup by the suspect when they were still friends. I should think most people that use a computer should be able to change the password, and I certainly would change the password on a computer that was setup by someone who is no longer my friend.

    A ton of impossible to prove things were in the warrant, that had nothing to do with the original complaint. Sounds like a character bashing that should come back to the person who filed this as slander.

  96. Boston police offer $$$$ for degrees by SuperBanana · · Score: 2, Interesting

    For many of them, including municipal police, no, I don't wonder at all.

    Boston College isn't a municipal police force.

    That aside, Boston Police offers a VERY healthy salary increase for each step up the ladder. It is extremely common for Boston Police officers to have at least a bachelors degree or higher because of it.

  97. For all the lazies out there... by Xiozhiq · · Score: 4, Informative

    His assets weren't seized for the use of "scary voodoo operating systems". Oh, and for future reference, his name is Riccardo Calixte.

    Application for the search warrant:

    http://www.eff.org/files/filenode/inresearchBC/EXHIBIT-A.pdf

    Here's a summary.

    I) Why do we want his stuff?
          a) we think it's been used to commit a crime
          b) we think it contains evidence of said crime
    II) What do we want to take?
          a) anything that can hold data (PCs, peripherals, phone, etc)
          b) documentation that may contain his passwords (computer manuals, post-its)
          c) evidence of ownership over systems used in offenses at the time of offenses
    III) Where are we gonna find his stuff?
          a) his room.
    IV) Why do we think we need to take his stuff?
          a) his roommate said that Riccardo hacked into the university computers to change peoples grades
          b) Riccardo was suspected of stealing a computer from the university previously
          c) the roommate's computer started acting funny after getting into arguments with Riccardo
          d) e-mails were sent out to the whole university saying that the roommate was gay
          e) network administrative staff said that according to their records, Riccardo did it
          f) Network Admin says: those e-mails came from their dorm, from a computer with the same name as one registered by Riccardo. additionally, a profile was posted on a gay dating site, screenshotted, and included in the e-mail. the only computer to visit said site within 5 days of the incident was Riccardo's. he accessed the site frequently 2 days prior to the e-mail.

    It continues with more info as to why the originating officer is a good candidate to evaluate this stuff.

    I think that's enough probably cause to warrant further investigation; but that's just me. I would encourage you all to actually read the thing, not just take my word for it, but hopefully this will quell some of the "omgz he wuz arestid fur uzing l1nuxz!!1" comments.

  98. Witch hunts and Inquisitions by TheHawke · · Score: 1

    Not too far from there lies Salem with their witch hunts way back when.
    It makes me shiver in me timbers thinking of all those poor girls that came under the adjudicator's thumb.
    Boston and the state itself should be ashamed for what their law enforcement is doing.

    --
    First rule of holes; When in one, stop digging.
  99. One roommate getting back at another... by macraig · · Score: 2, Insightful

    ... and using the police to do it! That is entirely what this story is about. Did anyone bother to go to EFF's Web site and examine the "Exhibit-A" PDF document from the case? It happens to be an actual copy of the Application for Search Warrant. You really should read it.

    http://www.eff.org/files/filenode/inresearchBC/EXHIBIT-A.pdf

    The most enlightening part is the "Basis of Probable Cause" section, which states that the origin of the entire thing was "domestic issues" between Calixte and his (redacted) roommate. It then goes on to detail multiple allegations made by said roommate about Calixte and his criminal expertise with computers. The twit even blamed his own computer crashes on Calixte!

    There's nothing to see here, folks. It's just one person getting back at another for real or perceived injustices, and the all-too-eager police being used as pawns (which of course they always are in every situation).

    1. Re:One roommate getting back at another... by nick_davison · · Score: 1

      My read on it...

      It wasn't just the roommate who was alleging multiple cases of computer abuse. It's just a case of here's a provable crime - clearly tracable logs that go right back to his PC - that get them a search order that allows them to then seize everything and legally take a snoop around to see what of the larger allegations, that they don't currently have proof of, they can also get information on.

      It's somewhat like getting Al Capone on tax evasion with the hope that, once you could make that stick, you could then get access to enough of the rest of his records you could pin more on him. Of course, Capone was smart enough that tax was about all he left records for. This guy thinks he's a l33t haxor who can't get caught and is evidently dumb enough to leave all kinds of digital paper trails.

    2. Re:One roommate getting back at another... by macraig · · Score: 1

      Certainly they were fishing, but clearly the roommate was also making shit up, so they're fishing based at least in part on falsified evidence.

    3. Re:One roommate getting back at another... by shentino · · Score: 1

      Which would still give the police probable cause unless they had reason to doubt the credibility when they accepted the statement. Probable cause doesn't require a truthful witness, it requires a witness that is credible...which may include a witness that is willing to face jeopardy for a perjury charge should he be caught lying.

      Which should be the case...the cops had better not have taken a statement unless there was some risk for any would-be fibbers.

      Sworn statement by 1 witness = probable cause (even if the witness is later caught lying).
      Sworn statements by 2 witnesses = beyond a reasonable doubt (good enough for treason at least).

      There's a reason that making a false complaint is often a criminal offense in many cases, and if you falsely certify something UNDER PENALTY OF PERJURY, then you have by definition committed perjury, simple as that.

      That doesn't negate probable cause unless the police have a priori knowledge that they're being bullshitted. But bullshitting the cops just to get someone else in trouble has its own risks, especially if you're caught.

      But since it's not the government's fault if they get hoodwinked by a witness who's motives are not suspect at the time the statement is taken, probable cause still stands.

    4. Re:One roommate getting back at another... by macraig · · Score: 1

      What's wrong with that scenario is that both the authority that orders the intrusion, and the individuals involved in ordering and implementing it, should all be held accountable for said intrusion if their judgement proves unsound. Confiscating a person's ENTIRE digital information toolkit, in this day and age, is an extreme intrusion indeed; there had better be damned good reason for it.

      I really doubt there is, in this case. I hope he gets to counter-sue their collective asses off.

  100. Few items of interest by Wardish · · Score: 2, Interesting

    The accuser was involved in a domestic dispute with the Mr. Calixte shortly before he made the accusations.

    The accuser was deemed credible because he had worked with the police on other investigations.
          The accuser claimed these crimes had been committed previously and over a period of time.
          He only mentioned them after a domestic dispute, doing so might be reasonably labeled as retaliation or revenge. Which puts a big dent in credible.
          In addition he can be considered a co-conspirator as he was aware of these ongoing crimes, committed in his presence, and chose not to report them. Another big dent in credible.

    I would be interested in learning if there was any compensation for providing information to the police in this or any investigation. This would be to determine if the accuser had any incentives or assumption of incentives other than revenge or retaliation.

    As to the Mr. Calixte expertize the warrant stated that he "is a computer science major who is considered a master of the trade amongst his peers."
          Yet such an expert failed to understand that logs are kept, worked for the IT dept (logs can be scrubbed). Failed to take simple precautions using proxy servers available all over the world that can be used to remain anonymous for web browsing/work, for email, for any number of services etc.

    Most amusing:
          If Mr. Calixte created the gay website and the claim is not true then he's (being the roommate) reasonably and predictably going to be assumed to be gay as well. Note: I personally don't care if one or both roommates or even the detective is gay other than as it applies to this matter.

    Last but not least. This was done by someone who is competent but in no way a "master of the trade". Since domestic disputes tend to build up over time, it's just as reasonable to assume the accuser, with the help and skills of another close friend, created this as a setup. Not difficult if Mr. Calixte left his laptop loose in the room when out for the evening or some such.

    --
    Ward

    . Silence! Be thankful thy species is unpalatable! .
  101. Where's the Linux? by qazwart · · Score: 1

    Actually, he might not even be using Linux. He could be using Windows and have a console screen up on his laptop where he's entering "command prompts". The complaint states merely he's got two screens. One is the typical desktop and another is black with white characters (which sounds like the default Windows console and not a typical Linux terminal).

    I'm not sure exactly what is going on. All the materials so far are from his lawyers. Apparently a previously reliable informant made some claims about this particular student and that's what the warrant was based upon.

    We'll have to see what the judge decides. Meanwhile, I'm going to lay off shell scripting for a while.

  102. Boston College? by copponex · · Score: 1

    Have you forgotten?

    NEVER FORGET!

  103. just love paid software by nostradamus2009 · · Score: 1

    that's why i just love paid software... not only it gives a wonderful working environment, it also provides me immunity from law. die all you linux enthusiasts...

  104. Something funny about Massachusetts and its people by flajann · · Score: 2, Interesting
    It would seem that Mass is given to crass overreaction, as is evident by the overreactions to The MIT babe wearing an LED circuit on her jacket, and by the LED ads that Time/Warnet (I think) placed all over Boston.

    I know there are idiots in the world. But none are finer than the Mass Holes.

    Perhaps Mass Holes will grow up one day and become real people with brains. Yeah, right.

  105. Just. Plain. Wrong. by torstenvl · · Score: 3, Insightful

    Thanks EFF for being a liar. The police have probably cause to seize the computers, not because they are black with white font (zOMG!) but because a reliable named witness told them the student was engaged in changing grades for other students.

    From the warrant application: "[The witness] advised Officer Eng that Mr. Calixte has changed grades for other students by accessing the Boston College computer system.... It should be noted that [the witness] is not only a named witness to these allegations but also a reliable witness in another investigation which he brought to our attention.... [The witness] reported to me that he has observed Mr. Calixte hack into the B.C. grading system that is used by professors to change grades for students...."

    Also, emails were sent out from an anonymous Yahoo! account claiming that the witness (who is roommates with the suspect) was gay. The IP address of the client sending the Yahoo! message corresponded to a computer whose MAC address was registered to a computer whose computer name had only been used on the computer of one student at B.C. -- the suspect.

    Clearly, there's probable cause enough here for a search warrant.

    Nothing to see here folks, move along.

    1. Re:Just. Plain. Wrong. by burroughsj1 · · Score: 2, Informative

      If you bothered to read the warrant application, I can only assume you also read the Press Release. This would be the only valid basis for your accusation, since it's the only representation of what the EFF said. You seem, however, to be saying that the EFF is stating, like TFS, that the use of the "black with white font (zOMG!)" OS was the reason for the warrant. Were that the case, you would be right, and they would be liars. You're wrong, and they aren't. In fact, in the lengthy press release, they only once mention the use of a CLI, and it is only a very minor part of a larger argument relating to the reliability of the witness. You're ignoring the rest of the legal arguments, and the 15 page motion, which clearly show the invalid nature of the warrant. Your assertion that they're lying, and that there is probable cause, is "Just. Plain. Wrong."

      --
      Suse vivo vixi victum reduco is ea id creatura absit decessus a facultas Linux! Dev root, dev root!
    2. Re:Just. Plain. Wrong. by Anonymous Coward · · Score: 1, Interesting

      You are wrong and the grandparent is right. The EFF says that "the ... officer argued that the computer expertise of the student itself supported a finding of probable cause." Matt Zimmerman, "Boston College Campus Police: 'Using Prompt Commands' May Be a Sign of Criminal Activity," EFF Deeplinks Blog, April 14, 2009, available at http://www.eff.org/deeplinks/2009/04/boston-college-prompt-commands-are-suspicious. This is on their website, written by a Senior Staff Attorney, see EFF, Profile of Matt Zimmerman, http://www.eff.org/about/staff/matt-zimmerman. It is indisputably a "representation of what the EFF said." Their characterization is plainly false if you read the warrant application; the officer argued that a number of factors, all told, supported a finding of probable cause that a crime was being or had been committed.

      Furthermore, my opinion is that there is probable cause to believe a crime was being or had been committed. A reliable witness told the officer so! That's strong enough to support a search warrant even under the older Aguilar-Spinelli test, and a fortiori enough to support a search warrant under the newer, looser "totality of the circumstances" test (though this is irrelevant, as Massachusetts law still requires an analogue of the Aguilar-Spinelli test, see Commonwealth v. Upton, 394 Mass. 363, 373 (1985)). The officer doesn't have to get the statute right; that's the prosecutor's job. The fact that the officer doesn't have the legal acumen to distinguish between "hacking" and, say, harassment of the roommate (which is a chargeable offense under Massachusetts law, see Mass. Gen. Laws ch. 265, sec. 43A, available at http://www.mass.gov/legis/laws/mgl/265-43a.htm) is utterly immaterial to the question of whether the search warrant was valid.

      Your bias is evident, as is your ignorance.

    3. Re:Just. Plain. Wrong. by burroughsj1 · · Score: 1
      Hmmm... I wonder why you posted AC? Your superfluous use of Latin leads me to the (hopefully mistaken) conclusion that you are employed in the legal field. The weakness of your reading and reasoning skills, however, lends me some hope that it is not in the capacity of attorney or, heaven forbid, judge. I'm guessing paralegal, maybe with the 2-year degree. Anyway, Your post adds nothing of value. You give the personal bloggings of Zimmerman a higher level of "statement by the EFF" status than their official press release and the motion. If you bother to read those, which you pretty clearly didn't, you'll get a feel for their actual position. Even if you use only the blog you referenced, however, you and the GP are still wrong. While the statement about terminal commands figures more prominently in the post you cite, he is very clear that there is a much larger legal issue:

      Aside from the remarkable overreach by campus and state police in trying to paint a student as suspicious in part because he can navigate a non-Windows computer environment, nothing cited in the warrant application could possibly constitute the cited criminal offenses. There are no assertions that a commercial (i.e. for pay) commercial service was defrauded, a necessary element of any "Obtaining computer services by Fraud or Misrepresentation" allegation. Similarly, the investigating officer doesn't explain how sending an e-mail to a campus mailing list might constitute "unauthorized access to a computer system."

      That is their characterization, even if you choose to narrowly consider only this particular source and not the total content of their statements. The mistake you both make is in taking one piece of the argument and presenting it as if there is nothing more. Seriously, did they not teach critical thinking at whatever school you bought your diploma from? As for your feeble attempt to support the probable cause for the warrant, you've ignored the fact that the witness was not established as reliable. I won't try to convince you, since you clearly aren't interested in finding the truth. Rather, for the sake of those reading this exchange, I'll point to the fact that your reference to the TOC requirement is a red herring. As you point out, it's totally irrelevant to this case. Why you brought it up is still a mystery to me, unless you just wanted to cite the one case with which you're familiar. What matters is that the witness clearly fails the two-prong test required by Spinelli. There is no valid basis for reliability established, beyond "he helped us in another unspecified case with an unspecified outcome." The police simply stating "he's reliable" is obviously insufficient, and even much stronger showings have been found wanting. As for your assertion that it doesn't matter if the crimes are listed properly in the affidavit, you've constructed a straw man. The issue isn't improper citing of the statutes, but whether any of the actions alleged to be criminal are, in fact, criminal. Additionally, there must be some connection between the crime and the location searched/evidence seized. The only potentially criminal act (under any relevant statute) alleged in the warrant application is the grade-changing. There is no information, however, linking the grade-changing to the items seized or the area searched. In fact, the witness doesn't even provide the approximate date or even year when it supposedly took place. If you can read probable cause into the facts of this case, I sincerely hope you are never in a position where your legal opinions matter.

      Your arrogance is evident, as is your inability to reason.

      --
      Suse vivo vixi victum reduco is ea id creatura absit decessus a facultas Linux! Dev root, dev root!
  106. The student is an asshat for outing people, by MsGeek · · Score: 1

    But the misconception that free/open source operating systems are "Hacker Operating Systems" seems to be a common misconception among collegiate IT departments. Woodbury University's IT department would absolutely NOT let me bring my Linux ThinkPad to campus and connect to the WiFi, even though I was more than happy to give them the MAC address of my Orinoco card. "Come back with Windows and we'll talk" was their attitude. Luckily my aunt had an original clamshell iBook that was just sitting on a shelf, so I brought that there. Macs were also acceptable to WU IT so that solved my problem. Eventually I wound up with a Core 2 Duo (Merom) MacBook. Of course, I have the evil, daemonic TERMINAL WINDOW available to me on Mac OS X too...bwahahahahahaha! And my MacBook is Daemon Possessed! Ahahahahahahahah!!!!

    OK, let's go do some crimes. Like, go get sushi and not pay...^_^

    --
    Knowledge is power. Knowledge shared is power multiplied.
  107. This would be ROFL if it weren't true! by flajann · · Score: 1
    I find the cop's descriptions most amusing. I am still trying to figure out what a "B.C. Operating System" is. If it's that ancient, it must be PCDOS or something.

    But the "black screen with white letters" almost had me in stitches!

    Of course, what's NOT funny is that they make a mockery of the law doing nutso stuff like this. Kinda reminds me of "Operation Sun Devil" -- you know, the whole thing about Grups Cyberpunk being "a manual for Computer Crime!", and the 911 Administrative Manual being used as the excuse to seize many computers, kicking doors in and all, when the same was available via mail order for less than $20 from the same phone company that was pressing charges...

    And you can sum it all up with one word:

    STOOPID!

    Now, the more pressing question is, of course, is what do we DO with all these idiots?

    I can think of a few things...

    --- Don't know what it is? Gotta be a bomb! That's Idiot Thinking for you!

  108. You probably have to fail several IQ tests.. by Paracelcus · · Score: 1

    To get a job in the "campus police".

    You could make a movie.

    --
    I killed da wabbit -Elmer Fudd
  109. No crime committed.. by d_jedi · · Score: 1

    and if the guy he named is a fag.. no harm (ie. libel) done either..

    --
    I am the maverick of Slashdot
  110. Oh my by kilodelta · · Score: 1

    Having been peripherally involved with a state investigative team I can tell you that beyond duplicating the hard drive and other devices with EnCase they really have no clue about computers.

  111. *Anger* by TheMightyFuzzball · · Score: 1

    The power to seize property in this manner should not be in the hands of people that describe a terminal emulator as "a black screen with a white font" If these people were powerless then it'd be funny. They aren't and it's not, it's scary in fact.

  112. Re:What is this, Wacky Wednesday? by gmhowell · · Score: 1

    Assuming that the student is 100% guilty... how exactly is sending an e-mail calling someone "gay" a crime?

    Because if the PC police had their way it would be a crime to utter any statement that has the slightest chance of offending anyone.

    Except white, male Protestants.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
  113. Coming this Fall to NBC........ by bakemesomepie · · Score: 1

    Law and Order - Misguided Investigations Unit

  114. Time to give up... by Virtucon · · Score: 1

    My TOPS-10 and TOPS-20 Emulators then. That'll make me as bad as Saddam.

    --
    Harrison's Postulate - "For every action there is an equal and opposite criticism"
  115. Re:What is this, Wacky Wednesday? by bakemesomepie · · Score: 1

    Because if the Linux police had their way it would be a crime to utter any statement that has the slightest chance of offending anyone. Fixed that for you.

  116. RTFwarrant by nick_davison · · Score: 3, Interesting

    "College Police Think Using Linux Is Suspicious Behavior

    If you read the warrant request...

    A student was falsely outed by a fake profile on adam2adam, a gay site.

    Server logs show it was accessed by two web based email accounts.

    Those accounts were traced by the network registration system to 137.167.207.174, a machine on 00:23:28:BE:24... a machine runing Linux.

    On page 7, it states that only two machines in the entire hall of residence accessed the network using Linux.

    So, yes, when you narrow down all possible suspects to just two people who both use Linux... and the machine is on an account registered to one of them... Using Linux, in that specific case, really is exceptionally suspicious behavior.

    It's a cheap headline grabber to imply, "Dumb cops think Linux is weird and so criminal!" In reality, it's a computer forensics specialist writing an incredibly clearly, methodical listing, tracking down a harassment issue to a Linux machine, registered under the suspect's name.

    Sorry dude, you were a raging douchebag who falsely outed someone because you two had an argument and you're a lousy enough hacker that your anonymous web based mail accounts led them straight to the specific machine you did it on. Screaming OMG, COPS HATE LINUX doesn't make it any less true.

  117. Moral of the Story by Dodder · · Score: 1

    Don't F* with someone who lives with you if they know you're engaging in illegal activities.

    "I suggest a new strategy, Artoo. Let the Wookiee win." - C3PO

  118. Re:What is this, Wacky Wednesday? by Shakrai · · Score: 1

    I thought about adding that in but figured it would all but ensure a -1 troll mod.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  119. Re:Something funny about Massachusetts and its peo by ThinkTwicePostOnce · · Score: 1

    A vastly more logical conclusion would be that you are given to "hasty generalization".

    There's a formal list of logical errors people are prone to, and that's one of them. Wikipedia
    can enlighten you further if you care to learn.

    Upon second glance, I see you're also guilty of "argmentum ad hominem", or name-calling.

    Making up lies about other people can get complicated, so to lessen the mental burden some
    liars simply tell complete truths about themselves, in the guise of an accusation of others.

    I know this sounds like a trite oversimplification, but it is quite common. Recognizing it
    allows you to learn more about the false accuser than he has any idea he is revealing.

    This may or may not apply to you; if the shoe fits, wear it.

    --
    Hide all sigs: Click HELP+Prefs (top), VIEWING (last on right), DISABLE SIGS (3rd on left) and SAVE (hidden at bottom).
  120. b4: BC=hot chicks now: BC=hot chicks/low-tech by omarsidd · · Score: 1

    I used to think nothing of Boston College other than "hot chicks" (and occasionally "Jesuit?" are they jesus-freaks?). Now, I also think "whoa, hot-chicks, possible jesus-freaks AND their PD has less than zero understanding of technology". If it were central Alabama, I'd be less alarmed, but in Boston this is nuts...

  121. Re:Slashdot submission misrepresented??? Shocking! by HJED · · Score: 1

    However none of those are criminal offences, so the warrant should not have been issued

    --
    null
  122. How quaint by Tablizer · · Score: 1

    Cops are so cute when they fuck up tech terms.
           

  123. Re:RTFA by Jerry+Smith · · Score: 1

    I think you're gay.

    I'm doomed.

    TFA was about a person calling another person homosexual, hence the remark "You're gay, I'm doomed" was fully on-topic. Redundant probably, but fully on-topic. Political correctness has struck again, zOMG he mentioned the g-word, let's mod him down!!1!

    Fully on-topic, I tell you.

    --
    All those moments will be lost in time, like tears in rain. Time to die.
  124. Please People, Consider The Following Fact: by LifesABeach · · Score: 1

    No Law Enforcement Officer has EVER gone to Stockholm to collect a prize for Law Enforcement.

  125. Actually, that is a very dark blue on light yellow by SmallFurryCreature · · Score: 1

    Green-on-black means you are an anonymous coward.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  126. "natural" bullies vs "environment"? by big_paul76 · · Score: 1

    I wonder how much is that the sort of person who wants to be a cop is basically a bully, and how much is an effect on the human psyche caused by the nature of being a cop.

    http://en.wikipedia.org/wiki/Stanford_prison_experiment

    Zimbardo managed to turn a bunch of hippies into thugs if anything worse than run-of-the mill cops.

    --
    The plural form of "anecdote" is "anecdotes", not "evidence".
  127. My Uncle, The Smart Cop by Velska1 · · Score: 1

    I gotta put my oar in. My uncle (dead for some years by now) was a cop. He was a smart one - his bosses didn't like him much, because he was, like my dad and me, prone to insubordination, but they couldn't argue with his solve rate. He made captain-equivalent in our provincial detective department before he opted for a lower-stress job and transferred to his home town's fraud investigations dept.

    Anyhow, I remember him talking about stuff - in his cups, of course, otherwise he was just making stupid jokes with me and my friends - and the obvious thing coming out was: You have to pretend to be stupid. Never let on what you think is going on, never tell anybody everything you know. That is inviting trouble. If the bad guy thinks you're stupid, he's more likely to talk out of turn. And if you tell your partner everything you know (or more likely think you know), you're going to bias him, so you usually just share the relevant facts.

    Furthermore, there is this fictional stereotype of a highly intelligent arch criminal, whom the ultra-smart cop foils by deductive logic and clever banter (plus these days, the ultra-high-tech lab that sees things that aren't there). The reality is, that most criminals are stupid and commit stupid crimes. Most of the time it doesn't take a very smart cop to bust those slimebuckets.

    Oh, but then there is a problem with the cop version of researcher bias. I was suckered into a scam by two "friends", who were, it turned out, planning to make me take the fall for that (a corporate law thing; I had a position where responsibility for everything was implicit). When the sh!t hit the fan, the cops had been interviewing those two guys first (they were the primary actors) when they invited me for an interview. I'm honest to the point of stupidity, so I told them exactly what happened. Their response was to lock me up for the night to see if that would soften me up. They had formed a picture in their mind about what had happened, and they held to it. Even when it turned out, that the other guys had been pulling off scams like that left and right, and I had no history apart from one frivolous complaint.

    --
    Every problem has a solution that is simple, easy and wrong. Selling our Liberty for a little Security is a much too de
  128. This whole thing seems familiar... by Atario · · Score: 1
    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
  129. DOS by bruceslog · · Score: 1

    Maybe it was MSDOS.

    Would that make Microsoft officially Evil ?

    --
    If it has tires or tits, it will give you problems.
  130. The first rule of disk encryption by cbraescu1 · · Score: 1

    The first rule of disk encryption: there is no disk encryption

    --
    Catalin Braescu
    Ofaly.com
  131. Ho to Kishinev and play this game by cbraescu1 · · Score: 1

    Hurricane, if you really believe such antics can get you anywhere why don't you try it in places like Kishinev nowadays? You'll be very surprised how little effect such games can have with a determined police.

    Yes, I got it that you were referring to an American police officer. Well, let's think of another scenario: they think you're a terrorist. Or a terrorist nerd, helping with Flight Sim. Or something along this line. It could be plausible for them to insist against your little game, isn't it?

    --
    Catalin Braescu
    Ofaly.com
  132. Re:Slashdot submission misrepresented??? Shocking! by ewenix · · Score: 1

    What part of illegal do you not understand?

  133. No case here by TRRosen · · Score: 1

    if i was a prosecutor I would run away from this one as fast as i can. Hell if I was the cops I would have never even responded. WHY?

    we have only the statement of one individual that any illegal activity has occurred. Said individual is known to have an issue with defendant. ANY AND ALL EVIDENCE COLLECTED HAS BEEN EASILY ACCESSED BY THAT INDIVIDUAL.

  134. Big Brother Gates is Watching by Drakkenmensch · · Score: 1

    So... police are seizing computers running Linux as a potential criminal offense. This is Microsoft's erotic dream come true!

  135. After reading the warrant...... by metaforest · · Score: 1

    IANAL:
    However:
    I think this guy is fuxed if they find ANYTHING significant on the sezied media that confirms the witness statements, re his involvement in unauthorized access.

    The only hope the EFF has is somehow showing that all of the witnesses have it out for this guy because of some social tiff and getting the warrant tossed due to conspiracy to defame.... then again that DHCP record is pretty damning assuming he has a bootable system on his equipment with that specific host-name....

    If he gets off of this hook.... he's either gonna be one of those scared straight dudes, or he's gonna get much worse...

    HMMV

  136. Too funny! by hesaigo999ca · · Score: 1

    This just goes to show how little people know about Linux....and its movement.
    For someone to think that "suspicious activity" constitutes using Linux,
    that is just too precious to let slip....I hope they throw the book at these morons!

    1. Re:Too funny! by JasterBobaMereel · · Score: 1

      "One is the regular B.C. operating system and the other is a black screen with white font which he uses prompt commands on"

      That could describe Windows and .... err Windows with a command prompt ....

      So using a command prompt is suspicious activity, time to install Ubuntu

      --
      Puteulanus fenestra mortis
  137. Umm... by LanMan04 · · Score: 1

    Because we all know how reliable MAC address/DHCP logs are....

    *eye roll*

    --
    With the first link, the chain is forged.
  138. Spah! by ME-tan · · Score: 1

    They could upgrade the suspect to level 3 if they have enough metal...

  139. Re:OT / Regarding your sig... by Thing+1 · · Score: 1

    Hi!

    Combination of libertarianism and advanced technology, which drastically affects the libertarian viewpoint (for instance, I would welcome doubling or tripling our tax burden (yes I understand that tripling for some would go over 100% and that's not what I meant) if the increase would go towards helping keep people alive until the singularity occurs, after which we will all live as long as we choose rather than dying by various accidents.

    (And I also realize the above raises many questions, of which I've considered the answers, such as "where to put them?" -- until the singularity: in a facility like Alcor if they're completely terminal and organs are about to fail; after the singularity: after we have one space elevator, we'll have many in short order, and so "the moon" or "the asteroids" leading ultimately to a Dyson Sphere around the sun (with solar collectors on the inside, batteries on the outside) in order to better ration the energy leaking from the sun -- anyway I could go on but that's not really what you're asking.)

    Interpretation is in the eye of the beholder, I suppose; what good is understanding without acting on that understanding? And once you've taken action, you're in the process of controlling. So, "Science controls nature" is accurate; through understanding, we obtain better control.

    Religion is solely about describing something fantastic to another human in order to make that human behave in a certain way. You're thinking about spirituality, which is more reflective and about interpretation; religion does not want you to interpret at all, religion wants to dictate to you how to interpret. Bill Maher's "Religulous" was excellent, it has a line about "we keep none of the ideas we had from the Bronze Age, except the creation myth." So, "Religion controls humans" was me choosing my words carefully.

    I make no mention of God or Gods, because I mostly lack (sharable) evidence of them. I have my own private thoughts and fantasies, some of which I've devised experiments for, which we currently lack the technology to carry out. And I practice Jin Shin Jyutsu; for me, the energy feels like electricity (others feel it as a hot/cold, or a resistance like magnetic, or a pressure -- which I think is really cool, it's not a "sixth" sense, it's a sense that you have already sensed, just being used in a markedly different way; first time I felt the energy it was in my face, my lips and chin; with more practice, I was able to feel it in my fingers). I mention JSJ and energy healing because I feel there's a strong link between The Protector and that phenomenon, and many of the experiments are along those lines, with more sensitive detectors than we currently have.

    My view of God? That's much larger, but succinctly: brains work on the quantum level as well as the electrical, chemical, and mechanical. One quantum effect is entanglement, which can allow communication at a distance. Therefore I believe that telepathy is possible, and we have anecdotal evidence through the ages of mothers knowing when children are in danger, and twins tend to know when the other is being traumatized, as well as the experiment mentioned in the movie London, about the mother animal (possum?) which researchers separated from its kids, and as they killed each kid they saw a reaction in the mother... Anyway, my view is that we humans created The Protector through quantum processes, and we power it while we're sleeping, so that it will protect us. Just like the energy is produced/enhanced through deep breathing, which says to me that there's something in the atmosphere that's powering it, so that more rapidly cycling the atmosphere through our lungs produces the healing (and tingling, for me) effect, so my answer to statements like "energy permeates the universe!" is "How can we be sure? Have astronauts practiced JSJ? And even if they have, was it due to the atmosphere that they carried with them in the capsule?"

    So to say "God permeates the universe" shows a similar disco

    --
    I feel fantastic, and I'm still alive.
  140. Using is suspicious? What about creating? by proton · · Score: 1

    Now we know the reason why Linux wasnt created in the great US of A.

    If Linus had been american he would be on the 10 most wanted list.

    Eh, Im sure he is tho, a different one tho, not the kind police look at.

  141. False Arrest by brundlfly · · Score: 1

    I really hope he sues the bejeezus out of the university police. Just as the police would tell us, ignorance is no excuse. Lrn2compute.

  142. Other cause described by Karljohan · · Score: 1

    You're right. He suspected his roommate because his Windows machine started crashing! :-)

  143. Defamacasts! by einhverfr · · Score: 1

    In Georgia, there is a third category of defamation law:

    Defamacasts. These are broadcasts of a defamatory nature which don't fit squarely into slander or libel law.

    --

    LedgerSMB: Open source Accounting/ERP
  144. humm by AnibalOjeda · · Score: 1

    ignorance...

    --
    Saludos, Anibal Ojeda http://anibalnet.nl
  145. Socratic evidence gathering? Hah! by DrNoNo · · Score: 1

    Particularly when gathering evidence, police are trained to do so carefully and pedantically in a Socratic way.

    Socratic way: Decide who you think is guilty and selectively look for the evidence which supports that position. Is that the Socratic Method you mean? because this is all I have ever seen police do by way of investigation.

  146. Re:OT / Regarding your sig... by Xabraxas · · Score: 1

    Religion is solely about describing something fantastic to another human in order to make that human behave in a certain way. You're thinking about spirituality, which is more reflective and about interpretation; religion does not want you to interpret at all, religion wants to dictate to you how to interpret. Bill Maher's "Religulous" was excellent, it has a line about "we keep none of the ideas we had from the Bronze Age, except the creation myth." So, "Religion controls humans" was me choosing my words carefully.

    Those may be your definitions of religion and spirituality respectively but that doesn't make them true. Most religions are actually interpretative or have been dominantly interpretative at some point in history. People like to view religion as some static set of rules but it is not. What you seem to be describing is fundamentalism vs mysticism, which is a battle that has been waged within monotheistic religions since their inception.

    I am personally a fan of Bill Maher and his documentary but I disagree with him and his methods if his ultimate goal is to show all religion is stupid, which seems to be his goal. What he is really attacking for the entire movie is fundamentalism but he calls it "religion". This is disengenuous because some religions have no belief in God and some have no strict doctrines either and cannot be disqualified by his "tests". I agree that fundametalism is dangerous in any religion but it has no bearing on the efficacy or the harmfulness of religion in general.

    --
    Time makes more converts than reason
  147. Mod Grandparent Up..... by Shoggoth+of+Maul · · Score: 1

    The EFF article seems FUDdy, I'll warrant (pun intended).

    EXHIBIT-A.pdf is well worth the read. Check the Basis of Probable Cause especially. Item b) establishes some usernames/aliases that Calixte is supposed to use, which comes back into play in item e) and f) where the relevant DHCP and DNS log entries are posted. The hostnames, IP address, Operating System (unfortunately ubuntu 8.04 it seems) and DNS activity logs all point to Calixte. It's not like this was warrant was cooked up ad hoc.

    Item b) does say that he jailbreaks cellphones... dunno what's supposed to be wrong with that. It may be a breach of contract if you bought your iphone through AT&T somehow, but how is it illegal?

    It seems from the warrant, though that the person accusing Riccardo Calixte is the same person who he "outed." Even if that person had been a useful source of information before, wouldn't that cast some doubt on his veracity? That he crashed Mr. Redacted's computer, and cracked the school's grading system? I only saw the accusations of these, not the evidence. "Implicating himself" in illegal activities might be just empty bragging.

    In particular, the accusation that Calixte crashed Mr. Redacted's computer: is the fact that several experts couldn't fix his computer on his machine supposed to indicate Calixte's devious hackeriness? Is there supposed to be a second user account? A back door? If he simply knows the password, why couldn't "several experts" help Mr. Redacted change it?

    The warrant was probably justified, in my own unqualified opinion, but I'm skeptical of some of the charges.

    1. Re:Mod Grandparent Up..... by Shakrai · · Score: 1

      Even if that person had been a useful source of information before, wouldn't that cast some doubt on his veracity?

      That can go either way. It could cast doubt on him at trial but it might explain his motivations for ratting the guy out. It's not unknown for criminals to get caught when they piss off former friends who knew about their exploits.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    2. Re:Mod Grandparent Up..... by Shoggoth+of+Maul · · Score: 1

      I agree with you; it's quite plausible for this guy to inform on Riccardo because of some dispute.

      My reasoning is like this: he feels strongly about this, since he brought the police into it. Also, he described the crashed machine as "brand new" but says that Riccardo helped him set it up and therefore could have access, so their falling-out must have been recent.

      Given that, I don't think it's out of the question that he'd try to embellish the charges. Hence my skepticism of the implication that Riccardo installed some arcane back-door by which he crashed Mr. Redacted's system, as opposed to putting loads of... uh, "alternative," porn on it, or sending the emails from THAT computer instead of his own, et cetera. It seems a little far-fetched.

      Basically they have some evidence that appears to incriminate Calixte for "outing" Mr. Redacted, but the rest of it seems like hearsay or exaggeration. "He implicated himself in several computer crimes" could just have been Calixte bullshitting. It seems he was a prankster.

      Like you said, it's common for former friends of criminals to rat them out. According to my computer security professor, it's not so uncommon for "hackers" to be painted like unstable demigods that might wreak havoc if given access to a touch-tone phone. This could be more of the same.

    3. Re:Mod Grandparent Up..... by Shakrai · · Score: 1

      It wouldn't surprise me one bit if he "embellished" the charges. People have been known to do that when they rat someone out. Either because they are criminals themselves and want a sweet plea bargain or because the person they are ratting out really pissed them off.

      As far as whether or not Mr. Riccardo did everything else that he's accused of, I don't know him so I can't say. Reading that affidavit reminded me of the IT guy who ran a network that I had the "privilege" of cleaning up once upon a time. I discovered that said IT person had created a virtual empire of warez/porn/filesharing/etc using every single computer within his company. The workstations were partitioned such that the bulk of the hard drive was reserved for a network share that was linked back to his main server. The main server was running everything from IRC fserves, hotline, napster, etc, etc. It was actually quite the impressive setup if you disregarded the fact that it was utterly pointless and completely illegal.

      This IT person was the typical young script kiddie and really managed to pull the wool over his employers eyes. They had no idea what was going on or why they were spending so much money on their equipment (the biggest application they used was Office) for so little return. It was scary to think of how much time and effort this kid had to invest to create all of his and what he could have done if he had been engaged in more productive pursuits. I went through my own script kiddie phase when I was a teenager but I never would have had the balls/stupidity to keep doing it as an adult while dragging my employer into it.

      Anyway, I digress. It wouldn't surprise me at all if Mr. Riccardo was somebody like that. Especially given his age and some of the comments that were made about him. He comes off as the typical smartass script kiddie. Of course we are only hearing one side of the story and it's quite possible that the kid who made the complaint "embellished". If he did then I would hope that he's prosecuted to the fullest extent of the law and that Mr. Riccardo bankrupts him in a civil lawsuit.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    4. Re:Mod Grandparent Up..... by Shoggoth+of+Maul · · Score: 1

      Ouch. I feel for ya. Worst I've had to deal with is obscure, uncommented OCaml scripts created to do things I didn't fully understand by people that weren't my co workers any more. I have heard some horror stories though, and there's always more on The Daily WTF.

      I'll have to follow this case, see what shakes out. And I'll have to make sure to read the original documents, as the EFF reports seem a little misleading...

    5. Re:Mod Grandparent Up..... by Shakrai · · Score: 1

      Ouch. I feel for ya.

      Don't feel too bad for me, I made a fair amount of money cleaning up that network ;) The person I felt bad for was the business owner. He had spent literally tens of thousands of dollars on iron that he didn't really need just so this kid could expand his "empire". They had enterprise class hardware when all they needed was a small business network capable of running Office and a network share.

      I'll have to follow this case, see what shakes out.

      Ditto, I'm reserving judgment on it. I am glad to see that I'm not the only one who thinks it just might possible that the accusations were justified. Seems like the /. herd was awfully quick to pick sides on this one.....

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
  148. Re:Something funny about Massachusetts and its peo by flajann · · Score: 1
    Lighten UP!

    I am poking fun at Mass Holes. But I have good reason too.

    Quite a few of them have been a thorn in my side in the past. Busybodies; unable to mind their own business. I had to sue a couple of Mass Holes just for that reason -- and won.

    Not everyone in Mass is a Mass Hole, but then Mass seems to have a ready supply of them.

    This is not meant to be a scientific assessment, but an opinion based on personal observation and experience.

    And yes, I commit the "sin" of ad-hominem, but it's all in good fun.

  149. Re:OT / Regarding your sig... by MickLinux · · Score: 1

    I think that your definition of God might need work. I don't mean "gods", because for that you are just referring to some superpowerful being. Arguably, any wicked person might qualify, especially when they run into an anthill and start stomping ants. Compared to the ants, they are a superpowerful being.

    But for a being to be God, the God would have to have all power. Because the God had to have all power, the God would also have to keep that power for all eternity. In fact, because of quantum mechanical interference, that God would have to keep that power for all eternity in both directions. So, de-facto, that God would have to be the creator and system maintainer of the universe.

    Now, you said that you have not had any sharable evidence of God. Okay, based on everything else you said, I believe that. But that would be because you have not met that God on His terms. I have, and I have. I can definitely say that that God matches the God of the Christian Bible. Whether any one group of Christians has a masterlock on truth, I couldn't say. Considering that people are so limited, I'd be inclined towards doubt on that one. But in my experience plus in basic Christian theology (indeed, it is in the Bible), this God is a God that actively holds all the universe in existance, and therefore has a very intimate relationship with *everything*, whether it has a relationship with Him or not. In other words, this God who created the stars and the galaxies is not to big to notice the butterfly and the ant and the louse. Nor is He to big to take notice of me -- or of you.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  150. Re:OT / Regarding your sig... by QuietObserver · · Score: 1

    I must say your assertion is well written and thought out, though where you state 'to big' should be written 'too big' (I do not say this to detract from your comment in any way, just being a grammar nazi, as is my nature; I, too, can state that I know God in a very real sense).

  151. Re:OT / Regarding your sig... by Thing+1 · · Score: 1

    Well, considering science through the ages, as we've learned more we've refined our experiments and our body of knowledge. I consider religion to be exactly the same in this respect, except that it tends to "move slower" because it is ultimately based on fantasy, and once you've turned your mind to fantasy, "you will believe anything stated from a high enough authority, or repeated enough". (Not you you, the general you.)

    Except, I haven't seen religions evolving a whole lot, in my lifetime. Sure, they've started to tackle evolution (I really liked the one I heard back in the early 80s, "God created Man through evolution" but apparently that didn't take hold), but just as the Federal (US) government cannot easily say "hey, we're sorry about the whole making pot illegal thing to prop up the paper industry, our bad, it's now legal", similarly religious authorities cannot easily say "we have re-measured and now understand that this God is local to this solar system, in fact is local to this planet, and we can therefore no longer state that the universe was created by this God".

    It's my understanding (knowledge, not belief) that there is an "atmospheric level of energy" that we can take advantage of by breathing more rapidly than normal (deeper, or faster, or a combination). Therefore I know that local conditions have something special to them, which the vacuum of space does not necessarily have (I don't know that it doesn't, I just haven't experimented up there, now that I know how to feel the energy moving).

    I do not understand what "meet God in His terms" means, and I am not intentionally trolling by stating this -- I'm not mocking, I just don't know what that means or how to do it (i.e., was it physical? Mental? Chemical? Sleep deprivation, or movement deprivation? Some combination? Etc).

    Once we have nanotechnology (and/or the singularity, which I tend to lump together; we may achieve one before the other, but they will occur near the same point in history), we'll be able to enhance our vision so we see the full electro-magnetic spectrum, and our hearing so we hear all possible sounds, etc. We'll be able to speed our brains up so we can communicate faster. Perhaps at that point we'll be "closer" to the type of communication that God can achieve, and will be able to communicate directly with the Protector. And possibly create newer, better Protectors, just as our prosthetic technology is beginning to surpass our original body structures.

    --
    I feel fantastic, and I'm still alive.
  152. Re:OT / Regarding your sig... by MickLinux · · Score: 1

    To meet God on His terms, you have to read what His terms are, in the Bible. Then you have to meet those terms. Then, when you pray, your prayers will be answered. Your concept of increasing our spectrum of visibility would only work for communicating with a superpowerful being, not with One who created all, and maintains all. Such a one would exist over and above any spectrums, and would communicate only as He desired. But on the other hand, such a one would have no trouble communicating with *any* part of His creation. Thus, there is no real need for evolution of religion, for the humans back then are essentially the same as the humans now. No further technology is needed. Religion isn't fantasy. Those two are very separate. Religion is the application of reason to the experienced world (this part is no different than, say, chemistry) based on the given that the fulfilled prophecy is an indication of a better connection with reality. Physics, on the other hand, uses the repeatable experiment as its indicator. Soft sciences such as sociology use the statistical experiment as their indicator, because working with humans is too complex to design a repeatable experiment. If you are working with a single being, then even that doesn't work -- thus the indicator used by religion. All three use the assumption that there is a single reality, though Physics does question even that, but loses its grounding in reason as it does so.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  153. You mean... by jd · · Score: 1

    ...we might all be using Haiku? Or did you mean Dragonfly BSD? Or maybe FreeRTOS? Um, um, um, help me out here, guys! Ok, ok, Plan9! Nope... ExoPC? Nope... MULTICS! Nope... VxWorks! Nope... OS/X? Oracle's Solaris? OSF/1? OpenVMS? Trusted IRIX? Genesis? Damn, I'm out of ideas. You'll have to tell me.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  154. Re:Something funny about Massachusetts and its peo by ThinkTwicePostOnce · · Score: 1

    I'll consider myself lightened then!

    So where might you hail from, flajann?

    --
    Hide all sigs: Click HELP+Prefs (top), VIEWING (last on right), DISABLE SIGS (3rd on left) and SAVE (hidden at bottom).
  155. Re:Something funny about Massachusetts and its peo by flajann · · Score: 1

    I'll consider myself lightened then!

    So where might you hail from, flajann?

    Just across the border in Southern New Hampshire.

  156. ha by BattleApple · · Score: 1

    They all laughed at me for using a purple background with yellow text and comic sans font in my terminal. The only thing I can be accused of is being too cute