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Tor Developer Detained At US Border, Pressed On Wikileaks

suraj.sun writes with this news from CNET: "A security researcher involved with the Wikileaks Web site — Jacob Appelbaum, a Seattle-based programmer for the online privacy protection project called Tor — was detained by US agents at the border for three hours and questioned about the controversial whistleblower project as he entered the country on Thursday to attend a hacker conference. He was also approached by two FBI agents at the Defcon conference after his presentation on Saturday afternoon about the Tor Project. Appelbaum, a US citizen, arrived at the Newark, New Jersey, airport from Holland Thursday morning, was taken into a room, frisked and his bag was searched. Officials from the Immigration and Customs Enforcement and the US Army then told him he was not under arrest but was being detained. They asked questions about Wikileaks, asked for his opinions about the wars in Iraq and Afghanistan, and asked where Wikileaks founder Julian Assange is, but he declined to comment without a lawyer present, according to the sources. He was not permitted to make a phone call, they said." Appelbaum told me that he just spoke at length with The New York Times, and quipped that his Defcon talk about Tor was "just fine, until the FBI showed up"; this post will likely be updated with more details. Update: 08/02 03:59 GMT by T : Here's the NYT's coverage.

40 of 637 comments (clear)

  1. Opinions are a crime now? by CarpetShark · · Score: 5, Insightful

    asked for his opinions about the wars in Iraq and Afghanistan

    That's more worrying than the detention etc. But then ground-level grunts never did know the law well.

    1. Re:Opinions are a crime now? by Anonymous Coward · · Score: 4, Insightful

      Who said anything about it being a crime? What law says that law enforcement officers can't ask questions?

      None. They can always ask questions, but you are not required to answer (see 5th).

      But once the Customs & Border patrol determined that:

      1. This guy is a genuine card-carrying American.
      2. This guy is not carrying any illegal contraband on his person or in his belongings.
      3. There is no warrant pending for his arrest.

      He has therefore committed no crime, he has the right to enter the United States of America, and they have no right to detain him.

      I hope he sues the fucks for a few million for violating his constitutional rights.

    2. Re:Opinions are a crime now? by fotbr · · Score: 4, Insightful

      Unless it's a friendly interrogation (hey did you ever see that guy in Dorm A who went missing last month?) keep your yapper shut and let your lawyer do the talking.

      There's no such thing as a friendly interrogation. Always, always, always keep your yap shut and let the lawyer talk. It's sad, but that's the USA of today.

    3. Re:Opinions are a crime now? by suomynonAyletamitlU · · Score: 5, Insightful

      Well see, here's the thing.

      Whenever the state does something that would be illegal for a citizen, they have to have a reason. Many of the things that police and other agencies do are "evil"--arrest and imprisonment is effectively kidnapping, execution is murder, seizing property (including money from fines and damages) is theft, etc--and so ideally they must justify that evil by showing that it is to prevent more evil things from happening in the future; otherwise, we wouldn't put up with it.

      I would imagine that a lot of police and other agents (many of whom show up as 'corrupt' on most peoples' moral radars) forget that these actions are evil and consider it just another tool or part of the process of law enforcement. However, being arrested is to the suspect as bad as or worse than kidnapping, especially if they are, in fact, innocent. You are put in a terrifying situation, and if you say the wrong thing, even though you are innocent, you might (you fear) disappear for the rest of your life; the people involved make it clear that they don't care about you, but you're supposed to trust in their ability to dispense justice and ONLY justice; they have this kind of power over you but you have to trust the law to reign in their power and prevent them from doing truly evil things; etc.

      So, though IANAL as well, I agree with the GP; as soon as they're kidnapping (even in effect), they should be under the same or more restrictions as when they're performing an arrest. If they try to sneak past that restriction on a technicality--and especially when that's for their own sakes and not for the suspect's--then they are showing that they can't be entrusted with the law per se. Because the law, and agents of the law, should be working to make less evil in this world; if they're doing evil things because they can get away with it rather than after deliberation, that's creating more evil, not less.

    4. Re:Opinions are a crime now? by commodore64_love · · Score: 3, Insightful

      >>>What law says that law enforcement officers can't ask questions?

      They can. But you don't have to answer per the following Supreme Laws: "No person shall be compelled in any criminal case to be a witness against himself." ----- "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." ----- "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." (Such as the right to travel freely without impediment.)

      Now one could argue that because it's an international border, they can detain you forever, but I don't buy that argument especially when it involves Documented US citizens. Rights are inalienable and you have them even if the government is a Tyrant that does not recognize those rights. Indefinite detainment is a human rights abuse, and makes the US no better than the USSR or China or Cuba or Iraq.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    5. Re:Opinions are a crime now? by azgard · · Score: 4, Insightful

      Putting soldiers and their trusted informants in danger is evil.

      Really? Maybe you should think who sent those soldiers to Afghanistan in the first place.

    6. Re:Opinions are a crime now? by Torodung · · Score: 4, Insightful

      Whoa! Are we now the first and best example of international terrorism? Is that what you're saying? Look up the history of the IRA, dude. A campaign that had successful attacks over decades, and a much higher cost in lives and property. Then tell me we haven't gone a little, a smidge, crazy.

      Patriotic landmarkism bugs me too. We should still be talking about the firemen, not the Trade Center. The lives are what matters, not the property, nor the notoriety of that property.

      --
      Toro

    7. Re:Opinions are a crime now? by ArundelCastle · · Score: 4, Insightful

      Rights are inalienable and you have them even if the government is a Tyrant that does not recognize those rights.

      Sounds good on paper. If it's you and two G-men in a room, and those two guys decide to beat you to death, writing a letter to your congressman will not solve anything after the fact.

      Speaking as a student of law and philosophy, we like to think that morality and duty makes discussions of "rights" more important than children inventing rules on a playground. But it isn't like that out in the real world. Rights only matter if people and governments respect them. Laws only work on people and governments that care about consequences of breaking them.

    8. Re:Opinions are a crime now? by quenda · · Score: 3, Insightful

      blown to the ground by terrorists. As happened to us on 9/11.

      EU has had countless bombings and hijackings from IRA, ETA, Baader Meinhof, PLO, Red Brigades, etc over decades.
      The US has just one attack and runs around screaming like it's WWIII ...

    9. Re:Opinions are a crime now? by kenj0418 · · Score: 5, Insightful

      So how exactly did the soldiers end up in the dangerous places which are Afghanistan and Iraq in the first place?

      We were in Afghanistan because that's where the people that attacked us were based (at the time anyway). We were in Iraq because... LOOK OVER THERE AT THAT SHINY THING... (*runs off*)

    10. Re:Opinions are a crime now? by LVSlushdat · · Score: 5, Insightful

      >Officials from the Immigration and Customs Enforcement and the US Army then told him he was not under arrest but was being detained.

      What a crock! If you are detained from going about your business, you are ARRESTED!! This kind of crap really makes me embarrassed to be an American...

      --
      THANK YOU, Edward Snowden!! Americans owe you a debt of gratitude (whether they know it or not..)
    11. Re:Opinions are a crime now? by 0111+1110 · · Score: 3, Insightful

      Manning was releasing information to the public about a US military cover-up of several murders and the attempted murder of children. It was his duty as a US citizen to make the public aware of the heinous acts being committed in our name. No damaging classified information was released. No actual harm was done except to the reputation of the US military. Manning was a patriot and a hero as is wikileaks for having the courage to release the information even knowing how angry it would make the US government. Restraining the US military from the callous murder of civilians is of the utmost importance to our country. The problem was the murders themselves, not the leaked information about them. The US military are the bad guys here. Congress should be investigating *them*.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  2. UFFSA by markdavis · · Score: 5, Insightful

    Welcome to the United Federal Fascist State of America. Please enjoy your stay...

    This kinda stuff is totally unacceptable. What law did he break? What was he accused of? Why was he detained? What right do they have to ask such questions? On what planet is a 3 hour detention reasonable?

    1. Re:UFFSA by Anonymous Coward · · Score: 5, Insightful

      [...] Days would be unreasonable, hours is not.

      Idiot.

      And soon it will be "weeks would be unreasonable, days are not.", then that would be reasonable, etc.

      Idiot.

    2. Re:UFFSA by markdavis · · Score: 3, Insightful

      Hey "Anonymous Coward", you call me an "idiot" because I think being detained for three hours is unreasonable? Well, perhaps my time is more valuable than yours.

    3. Re:UFFSA by markdavis · · Score: 3, Insightful

      Thanks for the info. I did not know any of that from the either the summary or the article. It sounded like he was just being harassed about the Tor project or security testing. I probably would not have posted knowing what I know now.

  3. Re:So what? by etymxris · · Score: 5, Insightful

    Well it seems clear that there was nothing "random" about his detention. And it's bad enough that customs can seize anything going through the borders without warrant or cause. But it's even worse when border crossings get used as an excuse for warrantless interrogations.

  4. Re:So what? by 0100010001010011 · · Score: 4, Insightful

    Not everyone gets detained and asked about Wikileaks.

    I've been randomly searched, but I've never been pulled aside and asked about something I've actually been working on. This guy has been flagged in the system.

  5. arrested/detained? by Anonymous Coward · · Score: 5, Insightful

    Curious. Is it just me, or is the whole "you're not arrested, you're detained" just yet another attempt to avoid getting around the limits that the law, constitution etc. set by making up a new word?

    Kinda like "enemy combatant" (no Geneva convention for you, Afghanis!), perhaps.

    Put another way: if he was not under arrest, was he free to go? If he was not free to go, how was he not under arrest?

  6. Re:"Detained" by bsDaemon · · Score: 5, Insightful

    Stop quoting laws to us. We carry swords.
    -- Gnaeus Pompeius Magnus

  7. Re:The horror by FrankHS · · Score: 3, Insightful

    And if he had said. "I think the United states should get out of Iraq and Afghanistan.", what happens then?

    Yet as far as I know it is still legal to hold the belief that we should get out of there.

  8. Re:Welcome to Obama's America by Sarten-X · · Score: 3, Insightful

    Disclaimer: This is a mostly off-topic rant in reply to an off-topic troll.

    It's just like Bush's America, but with a different figurehead. I'll wager $50 that the next guy, regardless of party affiliation, will be minimally different.

    The President doesn't really matter. The orientation of Congress doesn't really matter. What matters is the overall opinion of the American population, and changing that takes a much longer time that 4, 8, or even 20 years. Look at the big picture as it's changed over the last few decades. There are a few things our representatives now realize:

    • They can't be overtly racist and get away with it.
    • They can't really expect support for any anti-gay legislation.
    • Anything supporting the oil industry has to also support more environmentally-friendly technology.
    • Anything that has the appearance of improving security, or at the very least improving our awareness, is expected to be done.

    The plain and simple fact is that every time the government does something just to "appease the general public", that means they're doing (mostly) what the general public wants. If they're wrong, and are trying to implement something that's proven impossible (like, for example, mandating DRM), then that means that the American public at large probably don't understand why it's not possible. If you oppose a pending bill and it gets passed, that means you didn't do a good enough job of convincing people of your viewpoint. Activists, as annoying as they are sometimes, play a vital role in making the general public aware of the issues at hand.

    On topic, I understand why there are interrogations and detainments. Less than a decade ago, America was dealt a serious blow by an enemy that was living right among us. It wasn't so much the number of people that died that was so concerning. It was the fact that we knew almost nothing definite about the attack prior to them happening. Sure, there were reports of something being expected to happen, but thery were no more definite or detailed than the hundreds of similar reports that passed through the White House in the months before. September 11th of 2001 was the day we realized how little we knew about the rest of the world. Since then, our investigative agencies have been scrambling to figure out a good answer to the question of "what's going on?" since our previous methods were so obviously incomplete.

    It's a good thing, overall. Yes, there are some innocent folks getting detained, deported, and denied entry, but in time those will work out. There are myriad groups out there keeping an eye on any civil rights violations, and I for one commend their work. There is a balance we must strike between absolute security and absolute liberty, and we will not reach that point within the span of one presidential term. I doubt we'll reach it within ten terms. America as a nation is only 234 years old, compared to other nations that have been in roughly the same state for a thousand years. We are cocky and immature, and so is our intelligence system. Give it time to grow, but make sure it's kept in check by the public activists and watchdogs. We'll grow up just fine.

    --
    You do not have a moral or legal right to do absolutely anything you want.
  9. Re:of course by WCguru42 · · Score: 5, Insightful

    What did he expect? A Boy Scout merit badge?

    As a citizen of the United States? Probably that one phone call to his lawyer and the right from unlawful detainment, to name a few.

    --
    "Educate the mind but never at the expense of the soul."~Blessed Basil Moreau
  10. Detained but not under arrest? by dov_0 · · Score: 3, Insightful

    Where I come from to be detained means that you are legally under arrest regardless of whether you have been informed of such or not. This is plain and simple an abuse of power by the US government. Good thing we have groups like wikileaks working towards glasnost.

    --
    sudo mount --milk --sugar /cup/tea /mouth /etc/init.d/relax start
  11. Re:Welcome to Obama's America by WCguru42 · · Score: 4, Insightful

    It was the fact that we knew almost nothing definite about the attack prior to them happening. Since then, our investigative agencies have been scrambling to figure out a good answer to the question of "what's going on?" since our previous methods were so obviously incomplete.

    News flash, that is an impossible mission without grossly destroying the United States and the liberties that have been fought for over the past two centuries. We are not (by inception) a nation of safety but a nation of individual freedoms and collective assistance. Attacks will happen, and the constitution allows for some defense against those attacks, but the rights of the citizenry are paramount to that defense.

    It's a good thing, overall. Yes, there are some innocent folks getting detained, deported, and denied entry, but in time those will work out.

    I'd have to disagree. We as a nation have let the enemy win as a significant portion of the citizenry and leaders have been terrorized into removing what makes this nation great in the hopes of not being afraid. Let's get this out in the open, if you want a free society then you're going to have to deal with the fear that nothing will be certain. Take something as simple as driving, you are taking a risk that the person on the other side of the road matching your 50 mph isn't going to just drive straight into you. Life is dangerous, deal with it.

    America as a nation is only 234 years old, compared to other nations that have been in roughly the same state for a thousand years.

    And England has no better method of detecting impeding attacks. Nor does any other nation.

    --
    "Educate the mind but never at the expense of the soul."~Blessed Basil Moreau
  12. Re:So what? by JustNilt · · Score: 4, Insightful

    Is it good that we even have "a system"?

    I debated whether to even bother responding to this for a good 10 minutes but, in the end, decided it needs saying.

    Yes, it's a good thing that we even have "a system". There are good, legitimate uses for "a system". What is not good in this case, and in the larger picture lately, is the way the system is being used. This may seem like splitting hairs to some but it is an important distinction.

    A nation has the right (and indeed, the obligation) to protect itself from undesirables crossing into the country or, similarly, to allow the authorities to execute arrest warrants as needed. Having a record of who's in the country, for how long, etc, is just a good idea in general for any nation. In addition.

    The problem is the use of such systems to harass otherwise law-abiding citizens. It's troublesome to me that this is happening regularly. This doesn't mean I decry the need for the system in general, however.

    --
    You know the thing about UDP jokes? I don't care if you get it or not.
  13. Re:We are at war by stimpleton · · Score: 3, Insightful

    "1) The united states is at war in Afghanistan"

    Show me the declaration according to the UN charter. Fittingly the US in Afghanistan was like this detainment of this programmer. IE they are pressing an authoritarian mantra.

    2) Wikileaks leaked secret documents about the war in afghanistan in a reckless manner that possibly endangered lives of our allies and soldiers on the battlefield.

    Copy pasted from a US millitary speech? Arguably everything could contribute. Protesting against the Mai Lai Massacre killed US soldiers indirectly. Moral lowered by poor opinion back home caused battle errors?

    3) A 3 hour border detention is less than someone would be detained for unpaid parking tickets. They did not arrest him. They could have easily arrested him as a material witness.

    It was 3 hours too many

    5) He was allowed to leave the country after his conference, not exactly what police states do

    Well no, police states do let people go, under agreements of refugee discussions. Not all refugees arrive on a 12" dinghy or scramble over barbed wire walls.

    --

    In post Patriot Act America, the library books scan you.
  14. Our reputation? by $beirdo · · Score: 5, Insightful

    Robert Gates said that the release of the WikiLeaks documents may damage our reputation in Afghanistan.

    Perhaps it is rather the fact that we kill people and lie about it that damages our reputation in Afghanistan.

    We have a right to be informed, because if the public is misled, democracy itself becomes false.

    Those who fear the truth are not fit to lead.

  15. Re:Well, good by betterunixthanunix · · Score: 4, Insightful

    Quit whining and start taking responsibility for your actions

    This man didn't post anything. He is a Tor developer.

    To put this another way, I am a cryptography researcher. Must I now be careful about what specific research I do? Should I be worried that I might be detained at an airport because of my work?

    --
    Palm trees and 8
  16. Re:So what? by Redlazer · · Score: 5, Insightful

    Many would argue that the fact that there is a system is a promise that it will be misused. I don't know how true that is, but government transparency would do much to solve it.

    --
    Guns don't kill people, "with glowing hearts" kills people.
  17. No We're Not by fuzznutz · · Score: 5, Insightful

    1) The united states is at war in Afghanistan

    I gotta stop getting my news from the Internet. I totally missed Congress' declaration of war. I was under the impression that we were allied with the government of Afghanistan. BTW, Mr. high and mighty, why did you capitalize Afghanistan and not United States? Are you some kind of treason supporter?

  18. Re:Welcome to Obama's America by Vellmont · · Score: 4, Insightful

    I largely disagree with your drastic oversimplifications of very complicated world events and turning them into neat little bullet points while ignoring hundreds of other trends and events. I could go on, but there's something more disturbing. This is the statement I don't understand at all:

    We had temporary safety from about 1985 until 2001. We obtained it by being the strongest (and most stable) military power in the world. Now that guerilla/terrorist warfare is recognized to be stronger, we have lost all security.

    What's the threat that YOU PERSONALLY face from "guerilla/terrorists" warfare? Are you really and truly afraid of Al-Queda? Why is safety supposed to be the big goal we're all trying to obtain? What really makes you think we've lost it? How is this such a large threat to the country as a whole?

    Frankly I'm far more threatened by the economies dependence on cheap oil imports, the increasing gap between the rich and poor, the increasing polarity of political parties, our ever increasing "fear culture", and pissing away billions of dollars on Iraq and Afghanistan than I am of those Al-Queda fuckheads.

    --
    AccountKiller
  19. Re:Welcome to Obama's America by Hatta · · Score: 5, Insightful

    we have lost all security.

    Please. That is ridiculous hyperbole. We lost 3000 people in the last 10 years to terrorism. We lose that many to food poisoning every year. We've lost more people to rampant militarism (6700 between Iraq and Afghanistan) in the same time frame. You fear mongers are more dangerous than the fucking terrorists. Your pathetic cowering is pathetic.

    --
    Give me Classic Slashdot or give me death!
  20. Re:Well, good by hitmark · · Score: 3, Insightful

    heck, was not the concept of onion routing created by the us military?

    --
    comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
  21. Re:of course by Montezumaa · · Score: 4, Insightful

    Actually, you are in the United States and the agents of the United States are required to do their job according to the U.S. Constitution, judicial precedent, and U.S. Federal Law. A U.S. Citizen that is entering the United States and is detained once landing in the U.S. is protected by all laws and the U.S. Constitution.

    I know that the U.S. Government tries to tell itself this is not the case, but it is. This guy did the right thing by not talking, which is what I would have done. He is under no obligation to give the U.S. Government any information.

    It seems like J. Edgar Hoover's FBI is still going strong. It use to be that the FBI worked hard to have U.S. Citizens see "Red" in their soup with communist witch hunts, and now they are changing over to having us(U.S. Citizens) see terrorist in our soup.

    People believe that the U.S. Government has gotten bad, or turned into a "police state", but the fact is that this sort of stuff has been going on for a long time. This situation will continue until those that are governed decide to change this and demand real change.

    To save a lot of discussion...that will never happen. People will continue to keep their head in the sand, until they are targeted. At that point, it will be too late.

  22. Re:Well in the U.S it doesn't mean that by PopeRatzo · · Score: 3, Insightful

    Have you ever looked up the definition of "enemy combatant"? Because you have to be declared one for that to apply.

    Read section 412. It permits indefinite detention of immigrants and non-citizens. There is no requirement that they be held on terrorism grounds. It could be done simply based on an immigration violation.

    Specifically, section 412 of the PATRIOT Act adds a section 236A(a)(3) and (a)(6) to the immigration law allowing this.

    --
    You are welcome on my lawn.
  23. Re:of course by MindlessAutomata · · Score: 4, Insightful

    Georgie Bush wiped his ass with the Due Process and Habeas Corpus parts of the law, remember?

    News flash: This is the Obama administration we're in.

  24. Re:of course by Sir_Lewk · · Score: 3, Insightful

    Sush. We've always been at war with Eastasia.

    --
    "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
  25. Re:Bullshit. by _Sprocket_ · · Score: 5, Insightful

    If our country wasn't randomly bombing the shit out of all manner of other people, and actually keeping an informed and healthy electorate whose votes were actually counted, we wouldn't need a system.

    At this point, reasonable people will stop listening to you. Our country is not "randomly bombing the shit out of all manner of other people." There are very distinct reasons behind those actions. You may not agree with the reasons given. You may question whether we are given real reasons. You may disagree with the fundamental idea of such a policy. But it would serve your cause to give voice to those grievances instead of resorting to generic exaggerations. Otherwise, you sound like an uninformed raving lunatic. And you might even cause others who CAN voice rational criticism to be overlooked by the general public.

  26. Re:Far less scary by MightyMartian · · Score: 3, Insightful

    Unless I'm being charged, how I feel about the War in Iraq or the price of tea in China ain't any of their business. Detain me, ask me questions, refuse me a call to get legal representation, and I don't think that's an example of these guys "doing their jobs". It's abuse of process, illegal detention, deprivation of constitutional rights, and a sign that these guys are evil immoral monsters.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.