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Robbery Suspect Cleared By Facebook Alibi

postermmxvicom writes "Rodney Bradford has been cleared of robbery charges because of a Facebook update. The defense was able to prove that the update was made from his father's house, 13 miles away from the crime committed one minute earlier. Lawyer John G. Browning said, 'This is the first case that I’m aware of in which a Facebook update has been used as alibi evidence. We are going to see more of that because of how prevalent social networking has become.' Surely, this must be media hype, since it would not be a difficult alibi to fake."

160 comments

  1. Awesome! by Anonymous Coward · · Score: 5, Funny

    $ at now + 30 minutes
    at> curl -d 'status=lol watching tv' http://www.facebook.com
    at> <EOT>
    job 1 at 2009-11-14 15:36

    Now, who to murder first?

    1. Re:Awesome! by Anonymous Coward · · Score: 0

      what exactly is that ment to do ?

    2. Re:Awesome! by Anonymous Coward · · Score: 1, Funny

      "WHO to murder first"? Your grammar teacher.

    3. Re:Awesome! by Shatrat · · Score: 4, Funny

      "WHO to murder first"? Your grammar teacher.

      Well that appears to be you, so start writing your will.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    4. Re:Awesome! by broken_chaos · · Score: 2, Informative

      In thirty minutes, post the status "lol watching tv" to Facebook. It's not complete (due to logins and cookies not being utilised by curl in most cases), but it explains the idea pretty clearly if you know a bit about at and curl.

    5. Re:Awesome! by Anonymous Coward · · Score: 0

      "WHO to murder first"? Your grammar teacher.

      There's nothing wrong with what he wrote in the common parlance.

    6. Re:Awesome! by mysidia · · Score: 1

      A low-tech possibility: give a friend access to your FB account and have them make the updates for you from a computer you normally use.

      They would take one look at the CURL User-Agent field from the HTTP request from Facebook's HTTP Access_log and know that you faked it.

      They're likely to require your hard drive to verify the alibi, and i'm sure your bash history will be inspected.

      The more technically savvy you are, the more likely they are to believe you could have faked or automated the update.

      You're better off with an alibi that requires you to have answered a captcha to prove your whereabouts.

      Typing an e-mail is good, if info is in it that could have not been known prior to the killing.

      Participating in a chat room discussion with other people might be a sturdier alibi.

      Posting on slashdot, if your post adds significant info, and it's clearly a reply to a post that was made by someone else.

      Maybe someone could make a web-based service called myalibi.com or something, that would continuously ask the user to answer captchas and submit biometric data to prove that they are there.

      Be useful for people afraid of being falsely accused of a crime.

      They ship you an appliance, such as a mouse with a fingerprint reader. While you are using the computer they are generating a continuous stream of data that proves your location.

    7. Re:Awesome! by stfvon007 · · Score: 1

      Bah, Just log into your computer via remote desktop on your victims computer, then destroy the computer afterward and make it look like a stray shot hit it and busted the hard drive! Or just use vnc from a livecd.

      --
      All misspellings and grammatical errors in the above post are intentional and part of my artistic expression.
    8. Re:Awesome! by Chapter80 · · Score: 1

      OK, so I guess this guy had the technique inverted (as previously discussed.

      Or perhaps he was REALLY committing murder, and only got nailed for burglary! hmm.....

    9. Re:Awesome! by xouumalperxe · · Score: 1

      Maybe someone could make a web-based service called myalibi.com or something, that would continuously ask the user to answer captchas and submit biometric data to prove that they are there. Be useful for people afraid of being falsely accused of a crime. They ship you an appliance, such as a mouse with a fingerprint reader. While you are using the computer they are generating a continuous stream of data that proves your location.

      Problem is their only market would those sufficiently paranoid to think "at any moment I could be accused of a crime I didn't commit", and those people would be way too paranoid to trust a device like that in the first place.

    10. Re:Awesome! by mysidia · · Score: 1

      Maybe they'd be too paranoid to have full trust in it.. but if it's all they can get...

      Also, the built-in GPS could be used as a twitter tool, with software that automatically posts updates based on location.. such as

      "Typing away at Xyz park" or "Qrs national library" etc etc...

      IOW, they could also market themselves as a social network tool... saving the microblogger some typing by having a machine take care of it :)

    11. Re:Awesome! by michelcultivo · · Score: 1

      Or simply give your Facebook user and password to your sister/brother/best friend ever, and ask them to put a great update on 'watching tv' or watching 'American Idol'.

  2. Probably wasn't the case here.. by Anrego · · Score: 5, Interesting

    But what happens when scripting becomes involved..

    Write a script to make a "hey.. not out murdering my wife's lover" post then destroy/shred itself whilst you're out doing your chainsaw work.

    1. Re:Probably wasn't the case here.. by Anonymous Coward · · Score: 2, Insightful

      Or just SSH with your iPhone.

    2. Re:Probably wasn't the case here.. by sopssa · · Score: 5, Informative

      Seems his facebook status update alibi is in connection with what witnesses said too;

      Bradford and witnesses insisted he was innocent. They said he was at his father's Harlem apartment when the crime occurred.

      So it's not only about the status update. Also, I would think a murder case would get more investigation than a robbery too.

    3. Re:Probably wasn't the case here.. by Anonymous Coward · · Score: 0

      Or just you know, use the browser on the iPhone?

    4. Re:Probably wasn't the case here.. by Anonymous Coward · · Score: 0

      You must have missed one implicit step here...

    5. Re:Probably wasn't the case here.. by binarylarry · · Score: 1

      Hi, you must be new here!

      You realize they could then TRACE your iphone location at a given time, right?

      --
      Mod me down, my New Earth Global Warmingist friends!
    6. Re:Probably wasn't the case here.. by Anonymous Coward · · Score: 0

      And thus remove the part about being 13miles away at the time. Careful about your tactics, or you're going to get all of us Anonymous Cowards arrested for murder.

    7. Re:Probably wasn't the case here.. by hatemonger · · Score: 1

      Doesn't facebook give the little mobile icon for updates made by phone? Perhaps a criminal could use a smart phone and reconfigure the browser to not call itself mobile, but criminals are self-selecting stupid. I don't see it happening.

    8. Re:Probably wasn't the case here.. by _KiTA_ · · Score: 1

      Hi, you must be new here!

      You realize they could then TRACE your iphone location at a given time, right?

      Epic Fail, dude. SSH into your home linux box and do the update there. There are many remote desktop apps for the iPhone, and you could use Lynx on a Linux box in a pinch.

    9. Re:Probably wasn't the case here.. by Nursie · · Score: 2, Insightful

      Epic fail yourself, they can trace where your iPhone was, no need to care about where that facebook update appeared to come from then.

    10. Re:Probably wasn't the case here.. by Zerth · · Score: 2, Informative

      Epic Fail, dude. SSH into your home linux box and do the update there. There are many remote desktop apps for the iPhone, and you could use Lynx on a Linux box in a pinch.

      And you'll have pre-scouted the area for an open wifi node, I assume? Because if your iphone's cell connection isn't off, the cops will wonder why your phone handshaked with a tower 13 miles from your house.

    11. Re:Probably wasn't the case here.. by Anonymous Coward · · Score: 0

      *facepalm*

        It gives you the mobile icon because you added the app for your phone at some point. Slashdot users used to be much smarter than this.

      You could always do a user agent test if you don't believe me. I can post from my computer with an iphone user agent string and it won't say "mobile".

    12. Re:Probably wasn't the case here.. by at_slashdot · · Score: 1

      The point is that was a type of crime that was not likely to be premeditated, nor his status update looked like a way to construct an alibi, any crime that can assumed to be premeditated would not be excused by such an alibi.

      --
      "It is our choices, Harry, that show what we truly are, far more than our abilities." -- Prof. Dumbledore
    13. Re:Probably wasn't the case here.. by frosty_tsm · · Score: 1

      So it's not only about the status update. Also, I would think a murder case would get more investigation than a robbery too.

      Agreed. Finger prints, DNA, blood stains, etc. This is just enough to get you off on "reasonable doubt" for a lighter crime as it will not be investigated as fully nor result in as much evidence (robber leaves finger prints, murder causes DNA to fly all over the place).

    14. Re:Probably wasn't the case here.. by TheLink · · Score: 1

      How do you turn off your iphone's cell connection and leave it still working in otherways? A phone doesn't have to be making calls or sending messages for the cellphone towers to know where it is - since the phone and towers are regularly working out which cell your phone should be with.

      For most GSM phones the only way to not be traced is to switch the phone off, or remove the SIM.

      But hey, the fewer crooks that know this the better.

      --
    15. Re:Probably wasn't the case here.. by sorak · · Score: 1

      or he could just give his username and password to his father.

    16. Re:Probably wasn't the case here.. by BewireNomali · · Score: 1

      removing the battery is the only sure way. but alas, iphone users....

      --
      un burrito me trampeó.
    17. Re:Probably wasn't the case here.. by amorsen · · Score: 2, Insightful

      Flight mode. Very appropriately named, actually.

      --
      Finally! A year of moderation! Ready for 2019?
    18. Re:Probably wasn't the case here.. by Crazyswedishguy · · Score: 1

      Flight mode. Very appropriately named, actually.

      It would be, if it weren't named "airplane mode".

      --
      This space up for sale.
    19. Re:Probably wasn't the case here.. by Planesdragon · · Score: 1

      any crime that can assumed to be premeditated would not be excused by such an alibi.

      Truth is boolean, evidence is Bayesian.

    20. Re:Probably wasn't the case here.. by RichardJenkins · · Score: 1

      Only amateurs take their iPhone out robbing.

    21. Re:Probably wasn't the case here.. by stevey · · Score: 2, Informative

      The difference is the site you go to:

      • Go to www.facebook.com and post an update - works as normal.
      • Go to x.facebook.com and post an update - shows up as mobile.

      If think there's a mobile/touch subdomain too - but I know when I visit facebook from my palm pre I end up on http://x.facebook.com./

    22. Re:Probably wasn't the case here.. by PenguinBob · · Score: 1

      Facebook would never work on Lynx.

    23. Re:Probably wasn't the case here.. by ImYourVirus · · Score: 1

      Or just leave your phone at home with any other identifiable information, then you could use your phone as an alibi. 'I was at home, check my phone!!!'

      But hey, the fewer criminals that know this the better.

      --
      Why is common sense called that if it's not common?
    24. Re:Probably wasn't the case here.. by The+Cisco+Kid · · Score: 1

      There might be an airplane more for the touch, but it isn't going to be talking to cell towers either way, at all.

    25. Re:Probably wasn't the case here.. by emilper · · Score: 1

      remote desktop ....

    26. Re:Probably wasn't the case here.. by binarylarry · · Score: 1

      lol, would modded such a retarded post up?

      --
      Mod me down, my New Earth Global Warmingist friends!
    27. Re:Probably wasn't the case here.. by binarylarry · · Score: 2, Funny

      Now that was a real epic fail.

      That should have been:

      "lol, who modded such a retarded post up?"

      --
      Mod me down, my New Earth Global Warmingist friends!
    28. Re:Probably wasn't the case here.. by Anonymous Coward · · Score: 1, Funny

      murder causes DNA to fly all over the place

      Unless you're Dexter Morgan with a welding apron, a ton of saran wrap, and no hair net.

    29. Re:Probably wasn't the case here.. by WCguru42 · · Score: 1

      Even easier, assuming his father doesn't have a facebook profile, he can just leave his cookies on.

      --
      "Educate the mind but never at the expense of the soul."~Blessed Basil Moreau
    30. Re:Probably wasn't the case here.. by binarylarry · · Score: 1

      Slashdot is acting funny, this was destined for the post ABOVE the parent it's at.

      --
      Mod me down, my New Earth Global Warmingist friends!
    31. Re:Probably wasn't the case here.. by Anonymous Coward · · Score: 0

      Funny you should mention that...

    32. Re:Probably wasn't the case here.. by Architect_sasyr · · Score: 1

      Redundant point - if he had cookies on he's either got his own computer/account or his old man doesn't have a facebook profile.

      --
      Me failed English...
      FreeBSD over Linux. If my comments seem odd, this may explain...
    33. Re:Probably wasn't the case here.. by mysidia · · Score: 1

      No, not epic fail. WIN

      When the cops are investigating you they'll check on your phone records, which include cell tower logs of data you were transmitting and where you were when sending data.

    34. Re:Probably wasn't the case here.. by Anonymous Coward · · Score: 0

      well, by using ATT 3G data card, it claims that I'm in Kansas ... by IP Address (no by cell tower info that I don't have easy access) ... tested both from east coast (NC) and west coast(CA) and yup, Kansas shows as IP address claiming my location ...
      Maybe they just average my whereabouts?

    35. Re:Probably wasn't the case here.. by _KiTA_ · · Score: 1

      Epic fail yourself, they can trace where your iPhone was, no need to care about where that facebook update appeared to come from then.

      Stop thinking like a tech. Start thinking like a criminal or defense attorney.

      You only have to fool one of the jurors, not all 12.

      "Well hell, Facebook says he posted on it from home at that time, and that's clear across town. He couldn't have done it." Ta da, hung jury.

    36. Re:Probably wasn't the case here.. by ryanov · · Score: 1

      m.facebook.com is the mobile version, like most sites.

    37. Re:Probably wasn't the case here.. by Anonymous Coward · · Score: 0

      Upshot: binarylarry is a moron.

    38. Re:Probably wasn't the case here.. by julesh · · Score: 1

      Stop thinking like a tech. Start thinking like a criminal or defense attorney.

      You only have to fool one of the jurors, not all 12.

      "Well hell, Facebook says he posted on it from home at that time, and that's clear across town. He couldn't have done it." Ta da, hung jury.

      Well, yeah, but given that 11 of them probably think "the police say he did it so he must have done it", you've only got one you _can_ convince of that...

    39. Re:Probably wasn't the case here.. by RockDoctor · · Score: 1

      Epic fail yourself, they can trace where your iPhone was,

      Which proves where your iPhone was (using radio signal triangulation, or whatever). As an extra step, they have to prove that you were in the same location as your iPhone.

      That begs a question - assuming that an iPhone has a "switch off all radios, I'm on a plane" mode which really does switch off all radios, both transmitters and receivers, can the phone then be subject to beacon triangulation? I'd hope not, but you never know if "off" means "off" with these things.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    40. Re:Probably wasn't the case here.. by Anonymous Coward · · Score: 0

      Or even just get a friend to log in and do it for you if you're not smart enough to find any other way.

  3. Sweet! by d3ac0n · · Score: 4, Insightful

    So basically,

    I can go commit any crime I want, as long as I use a remote desktop/VNC program to remote into my PC at home from my smart phone and post something to Facebook immediately afterward?

    SWEET! Time to to rob that bank!

    --
    Official Heretic from the "Church of Global Warming". Proven right thanks to whistle blowers. AGW = Flat Earth Theory
    1. Re:Sweet! by TheRaven64 · · Score: 5, Insightful

      Or, for a lower tech solution, just get someone else to do it.

      --
      I am TheRaven on Soylent News
    2. Re:Sweet! by d3ac0n · · Score: 5, Funny

      This is /. We don't DO "lower tech" solutions here bub.

      ;)

      --
      Official Heretic from the "Church of Global Warming". Proven right thanks to whistle blowers. AGW = Flat Earth Theory
    3. Re:Sweet! by sopssa · · Score: 1

      Please hand over your geek card on the way out.

    4. Re:Sweet! by lena_10326 · · Score: 2, Insightful

      Duct tape is lower tech. Are you saying you don't use duct tape?

      Be careful with that answer.

      --
      Camping on quad since 1996.
    5. Re:Sweet! by nurb432 · · Score: 1

      Like his dad.

      --
      ---- Booth was a patriot ----
    6. Re:Sweet! by Anonymous Coward · · Score: 0

      And we don't have someone else to do it.

    7. Re:Sweet! by Anonymous Coward · · Score: 3, Funny

      Only to keep my tinfoil hat together

    8. Re:Sweet! by tarius8105 · · Score: 1

      You misunderstand what duct tape is or its purpose. Its not a low tech solution, its the shit that binds the universe together. Three words....duct tape cannon.

    9. Re:Sweet! by shentino · · Score: 1

      Just hope they don't rat you out.

    10. Re:Sweet! by Anonymous Coward · · Score: 0

      Or, for a lower tech solution, just get someone else to do it.

      A hit man is far more expensive than remote shell...oh wait.

    11. Re:Sweet! by HangingChad · · Score: 1

      Like his dad.

      Who do you think was doing the robbery?

      --
      That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    12. Re:Sweet! by lukas84 · · Score: 1

      Then you'd need an automated post to get an alibi for killing the witness.

    13. Re:Sweet! by sorak · · Score: 1

      Not only is that not geeky, it also adds an accomplice to the mix who you'll have to trust and hope they don't squeal. VPN FTW!

      I phones have GPS which could be tracked in a murder investigation. I don't know if they would, but if they thought to check that, you would be completely utterly screwed.

    14. Re:Sweet! by Anonymous Coward · · Score: 0

      He should have said that we don't do social solutions here bub.

      That's why we're all living in our parents' basement, right?

    15. Re:Sweet! by beej · · Score: 1

      That's why it would need to be someone you trusted completely who themselves had an interest in you not going to jail. Someone who loves you. In short, your father.

    16. Re:Sweet! by Hurricane78 · · Score: 1

      Actually it's extreme high tech:

      You know what the most complex computer known to man is?
      The human brain!

      And you know what social engineering is?
      Hacking the human brain!

      So by making a bum with suicidal tendencies do it for you (or make him get suicidal),
      and then jumping off a bridge or something,
      you actually are on the forefront of the hacker spirit. (Black hat. Definitely black hat! ^^)

      That's as close to "indistinguishable to magic" as you can get nowadays.

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    17. Re:Sweet! by Hurricane78 · · Score: 1

      Uuum, ever heard of social engineering? The new advanced human mind hacking?

      Oh, and if you make him kill himself in the process, there is nobody to squeal. ^^

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    18. Re:Sweet! by WindBourne · · Score: 1

      Actually, you would lose. That connection WILL be detected and recorded via the telcos.

      TO really pull this off, What is needed is a 2 way conversation by different systems that give appearance of conversation. Just simply postings will now fail since a number of DAs are about to learn about system automation.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    19. Re:Sweet! by Anonymous Coward · · Score: 0

      Duck tape is not "lower tech". It is the most advanced solution to the simplest and most difficult of problems that any idiot with teeth and two fingers can apply. Shame on you for thinking otherwise!

    20. Re:Sweet! by The+Cisco+Kid · · Score: 1

      Only iPhone 3g and 3gs have GPS. original iphone does not.

      And yes, you *can* disable it from talking to cell towers, but not turn off its wifi. Only with a jailbroken phone, of course.

      But of course, thats assuming you even mention you have an iphone. Or any cellphone. Now if its in a contract, they can probably find out. But if you have an unlocked one, and are using a cash-bought prepaid SIM in it, then they'd have no way to know you even had a phone, as long as you ditched it before you got arrested. But that seems an awful waste of a really expensive cellphone.

    21. Re:Sweet! by TheRaven64 · · Score: 1

      This is why you train a set of Markov chains with your chat logs and have them hold conversations with your friends on something like Google Talk that logs your chats.

      --
      I am TheRaven on Soylent News
    22. Re:Sweet! by Anonymous Coward · · Score: 0

      Pro Tip: You ditch the SIM not the phone ;)

    23. Re:Sweet! by dgatwood · · Score: 1

      And yes, you *can* disable it from talking to cell towers, but not turn off its wifi. Only with a jailbroken phone, of course.

      What are you talking about? iPhone OS has supported that since at *least* 3.0. You just enable Airplane mode first, then turn Wi-Fi back on.

      --

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

    24. Re:Sweet! by masterzora · · Score: 0, Offtopic

      There's debate about which was the original usage, but these days it is a fact that Duck Tape is a type of duct tape.

      --
      Remember, open source is free as in speech, not free as in bear.
    25. Re:Sweet! by julesh · · Score: 1

      Or, for a lower tech solution, just get someone else to do it.

      Or, for a higher tech one, there's always autoit.

    26. Re:Sweet! by WindBourne · · Score: 1

      Actually, if you wanted to pull off a crime, it would be simple to come up alibis. For example, place a car with laptop by a wifi (fake mac) and then have it script a conversation. Likewise, you set up the counter part script at your home. The trick is that this has to appear to be a conversation in the previous time frames and then do it again. At that point, it becomes easy to persuade a jury that you were @ a location. Sadly, this is far too easy.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    27. Re:Sweet! by Anonymous Coward · · Score: 0

      Zis is /.! Ve don't "lower tech" here!

      Fixed.

    28. Re:Sweet! by flabordec · · Score: 0

      Well, just to be fair, you have to avoid cameras, police involvement and other evidence. But don't let me get in your way, go for it!

      --
      "I see undead people" Warcraft III - Necromancer
  4. iPhone to the rescure by Anonymous Coward · · Score: 0

    So now all halfwit crimial needs to get his alibi is: use his iPhone to RDP to daddy's computer and post to facebook?!

    1. Re:iPhone to the rescure by MobileTatsu-NJG · · Score: 1

      So now all halfwit crimial needs to get his alibi is: use his iPhone to RDP to daddy's computer and post to facebook?!

      Well he'd also need to prevent the phone from talking to any of the cellular towers over there. You're actually better off using an iPod Touch but ONLY if you can get on wifi near there. :P

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  5. Facebook status: by sakdoctor · · Score: 4, Funny

    Not robbing

    1. Re:Facebook status: by sorak · · Score: 1

      I knew he was guilty when Mafia wars posted "Rodney Bradford has completed the mission: mug two people and ask for pancakes"

  6. HTTP Proxy? VPN Tunnel? by Manip · · Score: 1, Insightful

    I love how ignorant of technology the legal profession is.

    Take this case for example, nobody stopped to consider that he might have setup a HTTP proxy, VPN tunnel, or some other routing service? Why? Because neither the defence nor prosecution understand what they're talking about.

    I would really like to see legal reforms that create new "specialist" branches of experts who exist only to explain the significance of particular areas to the court without actually taking sides in cases (e.g. Technology, Science, High-End Accounting, etc).

    It is kind of funny, the lawyers spend TONS of time worrying that the jury won't understand the law. But they never stop to consider that the lawyers won't understand the evidence.

    1. Re:HTTP Proxy? VPN Tunnel? by autocracy · · Score: 4, Insightful

      Most evidence, with enough effort, can be faked. We usually call those conspiracies.

      It would be a great amount of effort for a small robbery to perform this task and to get the corroborating evidence. There is very reasonable doubt that he committed the crime.

      --
      SIG: HUP
    2. Re:HTTP Proxy? VPN Tunnel? by pdabbadabba · · Score: 1

      I would really like to see legal reforms that create new "specialist" branches of experts who exist only to explain the significance of particular areas to the court without actually taking sides in cases (e.g. Technology, Science, High-End Accounting, etc).

      This sounds a lot like the expert witness system we have now. (They're not neutral, but both sides get to use them). The problem is that a lawyer still has to know that an expert is needed.

      And, yes, it's too bad if the prosecution here did not think to ask the obvious questions you raise. (But remember, the defense doesn't have to prove that he didn't use a proxy, etc. The burden of proof is on the prosecution to show that he did.) But fear not, a new generation of lawyers is coming up through the law schools as we speak that is much more fluent in these issues. Take my word for it, I'm one of 'em.

    3. Re:HTTP Proxy? VPN Tunnel? by Mashiki · · Score: 1

      I've mentioned this before, but law enforcement doesn't really have the money to investigate this type of stuff. Even the guys in specialized divisions don't, the way you generally get there though is starting as a beat cop and working your way up with a shown interest. That leaves oh...99% of the people who know what they're doing, doing something else.

      Those of you in the /. crowd besides myself going into law enforcement raise your hands. I'm going to guess the pickings will be slim. I'll hazard even after I'm hired, it will be around 4-6 years before I'm into that division at the service I'm applying at. I'm going there because we need to pick up the pace on stuff like this. Police are seriously falling behind because there's no one.

      --
      Om, nomnomnom...
    4. Re:HTTP Proxy? VPN Tunnel? by whoda · · Score: 5, Insightful

      They did consider VPN's and Proxies and fairies too.
      They also had witnesses, aka Real People, who also testified he was at his fathers house.
      It was corroborating evidence, not the piece the case hinged on.

      Once again, Facebook verified what multiple REAL PEOPLE were telling the cops. It wasn't the only piece of evidence.

      You love how ignorant people are of the legal profession, I love how people like you are so pompous and know-it-all's they can't even read the article.

    5. Re:HTTP Proxy? VPN Tunnel? by Sepiraph · · Score: 1

      If this was a million dollar heist or a premeditated murder case, I'd have agreed with you but considering that the case was some robbery in a public housing and the accused was a teenager, it seem extremely likely that he'd actually gone through all that trouble to setup all of that just to update his facebook (and the arguably remote chance that it was admitted as evidence).

    6. Re:HTTP Proxy? VPN Tunnel? by Manip · · Score: 2, Informative

      You must be new to /. if you think people read the articles before responding...

    7. Re:HTTP Proxy? VPN Tunnel? by bumburumbi · · Score: 4, Insightful

      Well, it is within the realm of the possible that somebody sat down and applied Occams razor to the possible scenarios: The first scenario involves this bloke (1) planning to rob somebody, (2) setting up a proxy or vpn service and (3) some people conspiring to give false evidence. The second scenario: The bloke was at home and nobody lied.

    8. Re:HTTP Proxy? VPN Tunnel? by at_slashdot · · Score: 2, Insightful

      I posted this in another reply but I see a common misunderstanding: The point is that was a type of crime that was not likely to be premeditated, nor his status update looked like a way to construct an alibi, any crime that can assumed to be premeditated would not be excused by such an alibi.

      There's no "lack of understanding of the technology" involved here, is your lack of understanding of the circumstances.

      --
      "It is our choices, Harry, that show what we truly are, far more than our abilities." -- Prof. Dumbledore
    9. Re:HTTP Proxy? VPN Tunnel? by anyGould · · Score: 1

      Once again, Facebook verified what multiple REAL PEOPLE were telling the cops. It wasn't the only piece of evidence.

      The part I found amusing/interesting is that while the police didn't want to believe him, his father, and all the various witnesses, but Facebook was apparently the clincher for his innocence.

      (My personal suspicion is that the cops decided at that point that trying to prove "he robbed the store, and got all these people to be alibis, plus arranged a secure proxy and VPN to spoof a Facebook posting..." would stretch credibility. My personal thought is, if you've gone through all the effort, wouldn't you use it for more than a generic robbery?)

    10. Re:HTTP Proxy? VPN Tunnel? by Anonymous Coward · · Score: 1, Funny

      Nobody lies?

      If House taught me anything is that this guy was fucking a cow and the "witnesses" were well, witnessing it, which is why they are so adamant about his innocence.

      He then went home and hacked into facebook servers to modify the times-tamp of a post he had written 2 hours before to cover all his bovine fornication.

      Meanwhile the cow, angry because he didn't tell her when he was about to come, committed a robbery and tried to frame him.

    11. Re:HTTP Proxy? VPN Tunnel? by moortak · · Score: 1

      They are willing to take it at face value because he also had human witnesses who said he was home. That shifted the balance of the evidence from he said she said to he and some circumstantial evidence said she said. For a robbery checking it would be enough to make it hard to procede to trial.

      --
      Xavier Rabourdin for president 2012
    12. Re:HTTP Proxy? VPN Tunnel? by seebs · · Score: 1

      Read the guy's facebook.

      Then tell me with a straight face that it is reasonable to imagine that he set up some such fakery in order to have an alibi for a trivial robbery.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    13. Re:HTTP Proxy? VPN Tunnel? by Anonymous Coward · · Score: 1, Informative

      Did you even look at this guy's picture on the article? He's "Rell - Deuce Boys what up" Hardcore rapper. There isn't much of a chance that he knows what a VPN is, and a very unlikely chance that he would even know someone capable of doing it, while he went and "robbed" two people for $3.50 or whatever they had in their wallets.

    14. Re:HTTP Proxy? VPN Tunnel? by Anonymous Coward · · Score: 0

      Once again, Facebook verified what multiple REAL PEOPLE were telling the cops.

      To quote Oscar Wilde: LOL WUT?

      If the prosecution didn't trust these people, said people could have set the status for the suspect. If they did trust the people, the whole Facebook status "story" becomes irrelevant.

      Either way it sounds like somebody just wants to get his 15 minutes, 'cause he used "teh interwebs".

    15. Re:HTTP Proxy? VPN Tunnel? by Planesdragon · · Score: 1

      Take this case for example, nobody stopped to consider that he might have setup a HTTP proxy, VPN tunnel, or some other routing service? Why? Because neither the defence nor prosecution understand what they're talking about.

      There is not a single part of the internet that cannot be fairly simple translated into long established law. For example, to help establish your alibi defence of "I was at home", you would use all sorts of things that can help you clear that up. "I dialed a friend's house, and she didn't pick up" is the closest immediate parallel. The phone company can verify that the call was made, and while it doesn't prove that YOU did it, it does help make your case.

      Could someone be faking it, technically? Yeah, probably. But it is reasonable to believe that they actually are? That's what juries are for.

      It is kind of funny, the lawyers spend TONS of time worrying that the jury won't understand the law. But they never stop to consider that the lawyers won't understand the evidence.

      Sheesh.

      Juries don't decide one little bit of what the law is, and they don't need to understand it. All they do need to understand is what the JUDGE says -- the judge decides what the law does or does not say, and when she opens her mouth it's as good as written law for that case. Juries decide questions of fact -- like, "given the evidence presented, do we believe that $DEFENDANT was at home?"

    16. Re:HTTP Proxy? VPN Tunnel? by Planesdragon · · Score: 1

      If the prosecution didn't trust these people, said people could have set the status for the suspect.

      If the prosecution trusted those people, they wouldn't have brought the case to a trial.

      It's the JURY that has to decide if they trust those people, moron.

    17. Re:HTTP Proxy? VPN Tunnel? by nedlohs · · Score: 1

      They did, you are just *much* more ignorant of the legal professions that they are of technology.

      Evidence is weighed, you may note they didn't just release him when he said "but I was home and made a facebook update".

      They verified it with facebook, got statement from other people providing collaboration, spent 2 weeks confirming things and checking other evidence. And decided that the available evidence supported his claim and so let him go.

      Sure the "it was a facebook update" makes the news, but it's not the only piece of evidence. The testimonies from other people saying "he was with me" would have had more weight anyway.

    18. Re:HTTP Proxy? VPN Tunnel? by FlyingBishop · · Score: 1

      Computers are designed to do this sort of thing on their own, and it's trivial. You could trivially write a Greasemonkey script to browse Facebook for a half-an-hour, including several wall posts.

      But, it appears there were also witnesses that he was at his apartment, which is much more reasonable.

    19. Re:HTTP Proxy? VPN Tunnel? by Shane+dot+H · · Score: 1

      They, uh, didn't bring the case to trial. The prosecutor dropped the case after investigating the evidence. Which is what they're supposed to do.

    20. Re:HTTP Proxy? VPN Tunnel? by mysidia · · Score: 1

      The average facebook user doesn't have enough knowledge to setup a VPN or HTTP proxy.

      The lawyers can do nothing but rely on experts to verify that the other possibilities are unlikely for the person.

    21. Re:HTTP Proxy? VPN Tunnel? by mysidia · · Score: 1

      Juries don't decide one little bit of what the law is, and they don't need to understand it. All they do need to understand is what the JUDGE says

      Sure they do. A fundamental principle behind the right to a jury trial is that juries judge both the facts and the law, in order to render a just verdict.

      Juries have a right to disregard the law or the judge's opinion about the law, it's referred to as jury nullification. Juries in the US have the right to render a verdict of innocent, even when the facts show they violated the letter of the law as the judge put it.

      And may take into account opinion's of the general public, media reports about the case, etc.

      Nullification is one of the ways assured by the US constitution for the public to express opposition to an unwanted piece of legislation, and it's fundamental both to the jury system and to the republic and democracy of the US.

      Juries of people drawn at random are more likely to render a just verdict, than judges and political figures who are easily corrupted and have undue bias to follow well-established practice than just practice.

  7. There's an app for that by Powercntrl · · Score: 4, Funny

    Say you want to go burglarize someone's house, but you need to make it appear that you're posting on Facebook from your parents' basement? Well there's an app for that too!

    --

    ---
    DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
    1. Re:There's an app for that by AndroidCat · · Score: 5, Funny

      Wave phone in officer's face. "These aren't the Droids you are looking for."

      --
      One line blog. I hear that they're called Twitters now.
    2. Re:There's an app for that by Anonymous Coward · · Score: 0

      Wave phone in officer's face. "These aren't the Droids you are looking for."

      Actually this is the Droid (tm) you are looking for.

    3. Re:There's an app for that by Anonymous Coward · · Score: 0

      But what if he is looking for a phone with android on it, then it would be the droid hes looking for

    4. Re:There's an app for that by AndroidCat · · Score: 1

      It's not a Droid, it's a Milestone.

      wtf? Motorola too cheep to pay Lucus Films licensing of the world-wide rights for that questionable trademark?

      But does Google Android support the Three Laws?

      --
      One line blog. I hear that they're called Twitters now.
  8. Double-edged sword. by prakslash · · Score: 5, Interesting

    This decision just gave the IP address sword its second edge.

    On the one hand, they were using IP addresses to identify and prosecute people for 'illegal' downloading and accessing child porn. Now, someone was aquitted based on their IP address.

    Interesting indeed. Probably now, the authorities will realize the futility of using IP addresses as evidence.

    1. Re:Double-edged sword. by autocracy · · Score: 1

      Well, not so much. The info from the posting, the IP address, and the witness statements corroborate to provide more than reasonable doubt that he did not commit the crime. That's very different from saying that the info from the IP address is beyond reasonable doubt.

      --
      SIG: HUP
    2. Re:Double-edged sword. by nurb432 · · Score: 1

      Futility? I think they just solidified it, even tho it defies logic that it was actually *you* doing the update ( or download ). An IP proves nothing other then where the crime/alibi occurred, but opens up a lot of people of false accusations, convictions and jail time for something they didn't actually do.

      --
      ---- Booth was a patriot ----
    3. Re:Double-edged sword. by schon · · Score: 2, Insightful

      Now, someone was aquitted based on their IP address.

      No, someone was aquitted based on the IP address their account was used from. There is a distinct difference.

      In this case, there is a username and password that is used to identify someone, not just an IP address.

      It's distinctly possible that he gave his account information to someone else, but there were witnesses to corroborate the alibi as well.

    4. Re:Double-edged sword. by the_humeister · · Score: 1

      You know, there was also witness testimony that the suspect didn't commit the crime. It wasn't just the Facebook status that acquitted him. Now if the Facebook status was the only thing that showed he didn't do it and he was acquitted, then I'd say that's news. As it is, it's not news.

    5. Re:Double-edged sword. by Anonymous Coward · · Score: 0

      Well, clearly if your IP address would exonerate you, it's unreliable evidence, but if it would convict you, it's totally reliable and unique to you.

    6. Re:Double-edged sword. by Blakey+Rat · · Score: 1

      ... and reliable witnesses who testified in his defense.

      Seriously, people, the Slashdot summaries DO NOT GIVE THE FULL STORY. Please click through if you're going to comment.

    7. Re:Double-edged sword. by TimboJones · · Score: 1

      It's distinctly possible that he gave his account information to someone else

      Such as, for example, the password manager in his preferred browser.

  9. Don't Call Me... by balbord · · Score: 2, Funny

    Shirley!

    Sorry. I am so sorry. I'll leave now. So sorry.

    --
    "If I have been able to see so far, It is because I went out and bought a damn binoculars" - Ze da Esquina
    1. Re:Don't Call Me... by BradyB · · Score: 1

      Shirley!

      Sorry. I am so sorry. I'll leave now. So sorry.

      Umm ok.

      --

      Good is never enough, when you dream of being great!
  10. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  11. Thanks, awesome. by NoPantsJim · · Score: 0, Redundant

    Now I know how to not get convicted when I commit that crime I was planning for tonight.

    (No, I am not planning a crime tonight, or ever)

  12. Legal pad salesmen by Steve+Franklin · · Score: 2, Interesting

    If lawyers are anything like doctors, they get their information from legal pad salesmen and follow whatever the latest legal fad is, no matter how obviously stupid it is. Keep in mind that half the population has an IQ under 100 and that the civilization would collapse if half the population were excluded from gainful employment. In short, the world is being run by idiots.

    --
    Hic iacet Arthurus, rex quondam rexque futurus.
    1. Re:Legal pad salesmen by ubrgeek · · Score: 1

      You must have a truly crappy doctor. All of the ones I've had continued reading up on (and contributed to) medical journals, attending conferences, etc. etc. Might I suggest dropping your Blue Cross/Blue Shield coverage? ;)

      --
      Bark less. Wag more.
    2. Re:Legal pad salesmen by iminanalog · · Score: 2, Informative

      Your case is the exception. Most doctors don't have the luxury of keeping up with, much less contributing to, medical journals or attend conferences. Especially Primary Care physicians.

    3. Re:Legal pad salesmen by Anonymous Coward · · Score: 1, Informative

      Most doctors are required to make a certain number of Continuing Medical Education hours each year in order to be re-certified.

    4. Re:Legal pad salesmen by ChienAndalu · · Score: 1

      Keep in mind that half the population has an IQ under 100 and that the civilization would collapse if half the population were excluded from gainful employment. In short, the world is being run by idiots.

      Even if the world was populated by yours truly and your greatest intellectual heroes, half the population would still have an IQ under 100. That's how the IQ is defined.

    5. Re:Legal pad salesmen by ubrgeek · · Score: 1

      It's funny, and maybe it's a coincidence (correlation != causation, right?) but from a lot of people I've talked to here in D.C. they've found it to be the same case with their primary's. Again, could be coincidence, could be the people with whom I associate, but pretty much as a rule, they find their doctors to be likewise.

      --
      Bark less. Wag more.
    6. Re:Legal pad salesmen by The+Cisco+Kid · · Score: 1

      Fail. If the word was populated by exactly 4,386 people, each of whom had an IQ of exactly 693, then half of the population would not have an IQ under 100.

      What you *meant* to say (I think, one never knows for sure) is that, for *any* typical given population with a normal distribution of IQ, the IQ of half of that population is less than the average IQ of that population.

      My first example above, the average is exactly 693, so this doesnt apply. But that is a fairly unlikely population and IQ distribution. But for a normal distribution where some IQ's are high and some are low, even you can prove it. Assume IQ ranges from 50 to 250, and for 100 hypothetical individuals, use a random number generator to assign random IQ's. add and divide to find the average, then see how many are above, and how many are below. It will be either perfectly half each, or in some edge cases might be 49/51.

    7. Re:Legal pad salesmen by topham · · Score: 1

      IQ numbers are normalized. So, you can't have an entire population with IQs higher than 100.

    8. Re:Legal pad salesmen by Shane+dot+H · · Score: 1

      Pretty sure the parent was referring to the fact that the number 100 was arbitrarily chosen to be the mean. In such a population, IQ would have been defined such that an IQ of 100 is equal to your definition of 693.

      Also, as an aside, if IQs above 200 are possible, then so are IQs below 0 (assuming more modern definitions of IQ based on means and standard deviation).

      Finally, IQ is a ridiculous metric. Mapping something as mutlidimensional as "intelligence" onto a one-dimensional scale (a single number centered around 100) is unnecessarily crude and inaccurate.

    9. Re:Legal pad salesmen by Steve+Franklin · · Score: 1

      Yes. You are absolutely right. 100 isn't even the same for all IQ tests measuring the *same* population. It's just the mean of a normal distribution. BUT, that 100 figure refers to a real world population where 100 is really pretty darned stupid. These are folks who can't turn a picture of a box around in their heads. Perhaps what I should have said was, "a world in which the average IQ on the California Test is 101 (just a guess) relative to average results from 1950." After all, this is what they do with prices and inflation (or deflation), and gives you some idea where you actually stand. Sorry for the shorthand. I do that sometimes when I'm talking to intelligent people.

      As for doctors (don't get me started!), there is a medical myth that the way to diagnose migraine disease is that the related headaches are asymmetrical. This is not true. ~30% of all migraines are symmetrical. The myth is being spread by drug company salesmen. I actually met a former one of these (he sold me a car) and he was dumbfounded that my headaches were sometimes symmetrical. The guy was obviously an idiot. But what do you say about the doctors who take these characters seriously?

      --
      Hic iacet Arthurus, rex quondam rexque futurus.
  13. MSNBC by EgNagRah · · Score: 1

    The super market tabloids for your TV!

  14. VPN is too complicated by berlindx · · Score: 2, Insightful

    Couldn't you just have a friend login to your facebook profile and post a update while you're out committing crimes?

  15. Slashdot Alibi... by qpawn · · Score: 4, Funny

    I could have been cleared, but I posted as an Anonymous Coward.

  16. Presumption of innocence by Dachannien · · Score: 3, Insightful

    One thing that some folks have forgotten here is that the guy was presumed innocent until the prosecution could prove him guilty. If there's evidence from Facebook indicating that he updated his status, then the prosecution would need to show that the guy was using a proxy/tunnel/whatever, or that he had someone else post for him, etc. Otherwise, it provides a reasonable doubt as to whether he was even at the scene of the crime.

    1. Re:Presumption of innocence by Pete+Venkman · · Score: 1

      ..innocent until proven guilty? Too bad that in real life it doesn't always play out that way.

    2. Re:Presumption of innocence by hazem · · Score: 2, Insightful

      This really just shows how weak the prosecution's case was. I suspect they locked him up in Rikers for 12 days to hopefully get him to just give up and plead guilty to a lesser charge. That way they get a conviction, the city is "tough on crime", and they didn't actually have to make the effort of putting together an actual case in front of a judge and jury.

      When they can make your life miserable until you confess, there's no need for a presumption of innocence. This guy got lucky that he had eye witnesses and technological records that supported his innocence.

  17. Original Status Message was... by iminanalog · · Score: 1

    "WHERE MY IHOP? robbin fools make me hungery."

  18. Not how evidence works by SuperBanana · · Score: 1

    . If there's evidence from Facebook indicating that he updated his status, then the prosecution would need to show that the guy was using a proxy/tunnel/whatever, or that he had someone else post for him, etc.

    You have a fundamental misunderstanding of how evidence works. Even if it's evidence in your favor, it has to still be valid.

    This case is ridiculous; the prosecutor should be fired for gross incompetence. All the prosecution would have to do is ask "could a login from his computer only be done by him?" and the answer would be "no, anyone with his password."

    1. Re:Not how evidence works by canajin56 · · Score: 2, Insightful

      The prosecutors job is to prove beyond all reasonable doubt. If he contends a piece of evidence is invalid, he has to prove it is so beyond all reasonable doubt. You're the one who doesn't understand. He would have had to go up there and contend that "All of the other guests lied about him being there, and on top of that, he had one of them leave a facebook message in order to exonerate him, and yes, that seems to me a reasonable setup prior to a fucking MUGGING." To repeat. If you're charged with a crime, and your father and other family members all swear you were with them, that's a tenuous alibi, they might by lying to cover you. If somebody from your father's house was updating facebook just minutes prior to the crime, that means either he's not lying, or it means he was engaged with a conspiracy prior to the crime. That is, the accused planned it all out prior to mugging some fucking strangers in his own apartment complex! That's absurd. On top of this...the prosecutor refuses to comment on what evidence there was. There probably wasn't any, they just grabbed the guy who "looked most guilty" when they were canvasing the neighbors, and hoped he'd be too poor to fight it. He lived in the projects, after all. "He's guilty of something, might as well be this."

      --
      ASCII stupid question, get a stupid ANSI
    2. Re:Not how evidence works by Dachannien · · Score: 1

      Even if it's evidence in your favor, it has to still be valid.

      Is there any reason the evidence should be excluded in this case? Whether or not the Facebook evidence substantiates a finding of reasonable doubt should be left up to a jury to decide.

  19. Crime of Opportunity by pgn674 · · Score: 2, Informative

    There are a lot of posts saying it'd be pretty easy to fake the Facebook post. It wouldn't even have to be technical: Just call your father and ask him to log on to Facebook under your account and post what you tell him to.

    The article doesn't say, but what if this was a crime of opportunity? What if the evidence at the scene and witness's testimonies painted a motive that indicated it was a crime of opportunity, and not a pre-planned crime? If that was a case, then accepting a Facebook posting made at the time of the crime seems pretty reasonable. Maybe he called his father just after the crime, but one minute after an unplanned crime? That feels unlikely to me, too. And anyways, the court had testimonies and other evidence hinting that he wasn't the guy, so I don't think this will set a precedent that Facebook postings should be accepted without question in court.

  20. Re:You're the retard here. by Anonymous Coward · · Score: 0

    Are you a prosecutor or defense attorney?
    He responds to a story presenting reasonable doubt by saying the story might not have happened... I think he's a prosecutor.

  21. so... by old+and+new+again · · Score: 1

    so i can ask anyone to press share on my facebook (or script it) and get away with anything wow, some judges are pretty stupid or what?

    1. Re:so... by maxume · · Score: 1

      That isn't what happened. Basically, the guy probably shouldn't have ever been arrested, as most of the evidence they gathered pointed to him not being the individual who committed the crime..

      --
      Nerd rage is the funniest rage.
  22. Friend is too complicated by FlyingBishop · · Score: 1

    Couldn't you just write a script to login to your facebook profile and post a update while you're out committing crimes?

  23. People with iPhones aren't muggers-they're victims by vinn01 · · Score: 1

    This generalization may not apply to all situations. Your mileage may vary. Batteries not included.

  24. Rock Solid Alibi - Right by EmagGeek · · Score: 1

    1) Carry laptop with cellular modem in car
    2) Stop off at liquor store and knock it over
    3) Remote Desktop to home machine from car and update Facebook
    4) ???
    5) Acquittal!

    1. Re:Rock Solid Alibi - Right by black3d · · Score: 1

      If your sole alibi was "I was at home on Facebook.. look! here's my logs!" then that wouldn't get you off at all. Especially if they had someone identify you, as in this case.

      Facebook in this case was simply the straw that broke the camels back, as they had plenty of evidence that he *didn't* do it (eye witnesses providing his alibi at home) and one piece of evidence that he did (a witness at the robbery who swears it was him). Now, if you've got no other suspects, you hold on to the one person you've got if you think the witness can take it through trial. However, once FB was thrown into the mess as well, the prosecutor realised that six people AND Facebook would be a better alibi than the testiomony of one witness, and dropped the case.

      I see a lot of posts here all about "so i can just murder someone and tunnel into my home PC to provide an alibi?". No. If it was murder and you were suspected, then then merely presume you had an accomplice (unwitting or not) who was at your home updating your Facebook *or* that such a script/tunnel had been implemented, and proceed to nail you with forensics.

      --
      "The true measure of a person is how they act when they know they won't get caught." - DSRilk
  25. He was also picked out in a line-up by Anonymous Coward · · Score: 0

    The media reported as well that he was positively identified in a line-up. Just shows you how frail witnesses can be.

  26. So he didn't use a remote connection by DeanLearner · · Score: 1

    to update his status. But what if.... he used a remote connection to rob the shop/bank whatever? I say check his bank account to see if he's bought 13 miles of string. No scrap that! I say prove to me he doesn't already have 13 miles of string!