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Judge Says Boston Student's Laptop Was Seized Illegally
You may remember a case we discussed this April in which a Boston College student's computers and other electronics were seized after he allegedly sent an email outing another student as gay. The search warrant made sure to note the student's ever-so-suspicious use of "two different operating systems," one of which was "a black screen with a white font which he uses prompt commands on." Now, the EFF reports that a Massachusetts judge has thrown out the search warrant and declared the search and seizure illegal. Quoting: "In her order Thursday, Justice Margot Botsford rejected the Commonwealth's theory that sending a hoax email might be unlawful under a Massachusetts computer crime statute barring the 'unauthorized access' to a computer, concluding that there could be no violation of what was only a 'hypothetical internet use policy.' Thursday's decision now stands as the highest state court opinion to reject the dangerous theory that terms of service violations constitute computer 'hacking' crimes. Justice Botsford further found that details offered by police as corroboration of other alleged offenses were insufficient and did not establish probable cause for the search." The court order (PDF) is available for viewing, and the EFF has broken down the significant arguments against the Commonwealth's claims.
yes.
because, until you're proven innocent in a court of law, you're just a goddamn dirty crook who doesn't deserve to have anything because obviously everything you have is an ill-gotten gain.
The thing I find curious, is that the press and the more hysterical government representatives (in most western countries) are so keen and quick to blame violence on TV and in computer games as being the cause of violence in society. We know that this isn't the case of course.
However, no-one seems to be quite so quick to suggest that shows like "24" have a negative influence over Police and Security Services behavior.
It seems that black ops, and seize it now -- find a crime and apologize later, is a more common occurrence then ever before -- again, in several countries.
Does TV influence cop behavior? Probably not any more than TV violence affects society -- but how come it never gets mentioned? I know why, of course, but it's interesting to raise the point I think.
I hope the judge that issued the search warrant AND the police that executed it are severely punished... Oh what AM I saying..This is now the USSA and law enforcement does whatever it wants.. This judge with a "Constitutional" brain on her shoulders will be taken out for "re-education..."
What WAS I thinking.....
THANK YOU, Edward Snowden!! Americans owe you a debt of gratitude (whether they know it or not..)
Guantanamo Bay or the co supermax.
On the other hand, in most 'developed' nations, those same taxes pay for people to protect you and your property. (If you disagree with this viewpoint, try living in a lawless state: then you'll find out why we used to live in castles, or their modern equivalent, gated communities).
You're absolutely right though in your main point - the systematic erosion of civil liberties by these same 'developed' nations is very worrying, and must be resisted otherwise we'll end up with the worst of both worlds. Who was it who said something like "eternal vigilence is the price of democracy"? Churchill?
Right. You expect the prosecutor to smite itself and its minions? Dream on.
ELOI, ELOI, LAMA SABACHTHANI!?
Simply being a dick doesn't warrant getting the cops all over you. You may think so, but you'd be what I like to call "wrong". I will now wait for the search warrant, since I was a dick.
Other than this text, there is no discernible information contained in this sig.
Totally untrue in other countries. Most countries do not have realestate taxes. I have friends whos relatives in Greece have owned their little humble house for hundreds of years and haven't paid a dime in all those years. Geeez, even in CHINA, (a "commie" country) there is NO REALESTATE TAXES for a family who owns one house. Once you purchase a house, you own it and nobody can take it away. Don't pay your real-estate/property/IRS taxes in the US and your house is gone, so who is the real "commie" country now? Maybe Obama can change this?
On the last page of the court order why is the motion to suppress evidence denied? Isn't evidence from an illegal search warrant usually suppressed? Is there some technical distinction between quashing a warrant(*) and suppressing the evidence that I am missing?
(*) And why did the judge order the motion to quash be allowed instead of just ordering the warrant quashed?
According to the New Yorker magazine, Gen Finnegan, who teaches a course on the laws of war, said of the producers: "I'd like them to stop. They should do a show where torture backfires... The kids see it and say, 'If torture is wrong, what about 24'?"
I've been watching 24 with a critical eye since the first episode and I think they frequently portray torture as backfiring. The example that most comes to mind is when Jack tortured his brother - this brother told him a "small truth" in order to make the torture stop and avoid telling Jack the really big truth about his and his father's central role in that season's big plot. They've also tortured innocent people on at least one occasion. My impression has been that, until this most recent season, torture and other extreme interrogation methods (drugs) almost always impede Jack -- but they do move the story along and provide plausible reasons for people to do otherwise stupid things on the show that keep the tension high.
When information is power, privacy is freedom.
Let me guess, American?
In the British, Australian, NZ, and possibly Canadian legal system, you have a legal right to use reasonable force to resist an unlawful arrest. (p464 The English Legal System, By Gary Slapper and David Kelly)
In the US police _can_ arrest you without good reason, and then simply charge you with resisting arrest which is natural and reasonable behaviour for most people.
To my mind, this just leads to a police state.