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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."

217 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 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.
    6. 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.
    7. 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."

    8. 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!"

    9. 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.
    10. 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.

    11. 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.
    12. 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.

    13. 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.

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

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

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


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

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

      He would have had an "accident" already

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

      Security is the title of this one.

    19. 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.
    20. 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

    21. 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.

    22. 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.

    23. 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...

    24. 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"
    25. 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
    26. 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.........
    27. 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!
    28. 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
    29. 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
    30. Re:sure it is by OolimPhon · · Score: 3, Insightful

      When it's libelous or slanderous?

    31. 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.
    32. 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!
    33. 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!

    34. 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.

    35. 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....

    36. 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".

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

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

    38. 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.

    39. 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.

    40. Re:sure it is by skulgnome · · Score: 2, Funny

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

    41. 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.

    42. 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.
    43. 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

    44. 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

    45. 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
    46. 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.

    47. 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.
    48. 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.

    49. 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.
    50. Re:sure it is by Niris · · Score: 2, Insightful

      Until you hear about the viruses they upload.

    51. 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...

    52. 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.........
    53. 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

    54. 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.
    55. 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.

    56. 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.

    57. 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"
    58. 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.
    59. 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.
    60. Re:sure it is by M-RES · · Score: 2, Funny

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

    61. 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.

    62. 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

    63. 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
    64. 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.

    65. 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.

    66. 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.........
    67. 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.
    68. 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
    69. 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?"

    70. 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.
    71. 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.

    72. 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.

    73. 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.

    74. 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.

    75. 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.
    76. 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
    77. 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.

    78. 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!
    79. 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.

    80. 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."
    81. 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.
    82. 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.

    83. 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!

    84. 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
    85. 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?

    86. 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.
    87. 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.

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

      Then you should pay twice for that intellectual property!

    89. 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...

    90. 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
    91. 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.
    92. 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.
    93. 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
    94. 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.

    95. 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"
    96. 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.

    97. 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.

    98. 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.

    99. 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
    100. 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
    101. 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...)

    102. 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.
    103. 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.
    104. 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
    105. 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.
    106. 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
    107. 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.

    108. 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.
    109. 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

    110. 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
    111. 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.

    112. 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
    113. 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.

    114. 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.
    115. 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.
    116. 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.

    117. 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.
    118. 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
    119. 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.

  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 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"
    3. 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.

    4. 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.

    5. 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.

    6. 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.

    7. 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.

    8. 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"
  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 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...
    2. 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
  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.
  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.
  6. 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!

  7. 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 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!

    4. 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.

    5. 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.

  8. 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: 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.

    5. 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.
  9. 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 Skapare · · Score: 2, Funny

      So are you saying the judge is gay?

      --
      now we need to go OSS in diesel cars
  10. 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.

  11. 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.

  12. 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.

  13. 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: 2, Funny

      *whooooooosh*

      Thanks for pointing the whooshing sound that accompanied your post, so nobody else has to bring it to your attention.

  14. 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.
  15. 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
  16. 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
  17. 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.

  18. 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.

  19. 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 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.
  20. 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.

  21. 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.

  22. 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.

  23. 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.

  24. "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 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
  25. 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()?
  26. 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.
  27. 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.

  28. 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 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.
    2. 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.

  29. 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 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.

    2. 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.
  30. 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!

  31. 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!

  32. 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
  33. 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.

  34. 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

  35. 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

  36. 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.

  37. 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.

  38. 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.

  39. Don't forget it's most serious countermeasure: by vranash · · Score: 2, Funny

    Penetration Enhanced Network Interface Security.

  40. 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 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?

    4. 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.
    5. 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?
    6. 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!
  41. 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"
  42. 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.

  43. 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.

  44. 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).

  45. 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! .
  46. 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.

  47. 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!
  48. 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.