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Bicycle Thief Barred From Using Encryption

An anonymous reader writes "A teenager found in possession of a stolen bicycle was given probation, with a whole bunch of computer-related restrictions. He wasn't allowed to use social networks or instant messaging. He wasn't allowed to use a computer that had 'encryption, hacking, cracking, scanning, keystroke monitoring, security testing, steganography, Trojan or virus software.' The kid appealed, noting that the restrictions on social networking seemed overly broad, and restricting him from using a computer with a virus was difficult since viruses and trojans and the like tend to try to stay hidden, so he might not know. While the court overturned the restrictions on social networking, and changed the terms of computer restrictions to include the word 'knowingly,' it did keep the restriction on against using any computer with encryption software. Remember, this isn't someone convicted of malicious computer crimes, but of receiving a stolen bicycle. So why is perfectly reasonable encryption software not allowed? And what computer these days doesn't have encryption software?"

11 of 449 comments (clear)

  1. need more input by yagu · · Score: 5, Insightful
    well, the bulk of real information about the said thief in TFA says he "recieved a stolen motorcycle". This isn't much to go on and get a sense of how or why the sanctions were applied. Considering the dearth of underlying exposition, this article qualifies as a non sequitur.

    Some additional information worth introducing to the discussion:

    • "how" the thief received said stolen motorcycle
    • "why" /. summary would describe motorcycle as "bicycle"
    • "if" there were computer-related activity leading to discovery and tracking of said thief.
    • etc.
    1. Re:need more input by shadowfaxcrx · · Score: 5, Informative

      San Diego County, California. The kid said he bought the motorcycle from a guy named "Skye" for a few hundred bucks. Nothing in the court record shows anything about using a computer to arrange the sale, so I don't see why they would impose all the draconian restrictions on him other than an attempt at a legal-system version of "You're grounded, kid."

      http://www.techdirt.com/articles/20101020/04513511498/court-rejects-probation-rules-on-teen-that-ban-him-from-using-social-networks-or-instant-messaging-programs.shtml

      Scroll down - you can see the appellate court decision at the bottom.

      --
      "I disagree with you" does not equal "flamebait."
  2. Judges are alowed to order strange things by johanw · · Score: 5, Interesting

    How strange that US judges can order the most stupid things from people. Here, if you are convicted for something, you cvan get a fine, community labour or jailtime. When it's traffic related your license can be revoked in certain cases, and that's it. A judge ordering someone not to use a computer would be laughed out of court.

  3. Violated Probation by fliptw · · Score: 5, Informative

    He violated his probation - which means the court can throw whatever books it wants at him.

  4. Well, rationally speaking... by Angst+Badger · · Score: 5, Insightful

    ...it does seem quite irrelevant to the offense at hand. But speaking from the gut, I think bicycle thieves ought to be beaten to death, preferably more than once, so I'd say he got off light.

    --
    Proud member of the Weirdo-American community.
    1. Re:Well, rationally speaking... by russotto · · Score: 5, Funny

      And, dude, seriously? ... it's a bicycle, and you want to get on with the old-testament wrath, like branding someone's forehead or hacking off appendages?

      You have to admit, the punishments were effective. There are no bicycle thefts recorded in the Old Testament or any contemporaneous document.

    2. Re:Well, rationally speaking... by mlts · · Score: 5, Insightful

      I don't want bike thieves in jail. It wastes tax dollars having to give them room and board when there are tons of homeless people who would love a meal and a bunk somewhere.

      I rather see bike thieves pay restitution to the victim, and then have to work for community services, such as IMBA, to keep trails maintained. Perhaps a project to get new fixtures out for people to lock their bikes to, or just a good old fashioned litter patrol on bike paths. Or perhaps deploy and keep clean Porta-Potties on bike commute routes.

      Perhaps even teach some basic bike mechanics or other trade skills so they actually have something to offer an employer other than a mouth and an attitude. Even with an entry level job, they are paying taxes, and this is better than someone spending their lives watching TV 24/7 on the taxpayer dime.

      Keep the jails and the prisons for the violent criminals and repeat offenders. The others can be put on a work crew and actually do something useful and not draining taxpayer dollars.

  5. We need mod system for ARTICLES not just comments by tomkost · · Score: 5, Insightful

    I have mod points today and would mod this whole article down... it's a complete waste of time.

  6. Re:And how did they define computer ? by boristdog · · Score: 5, Funny

    Most cars are pretty much run by computer too.

    Kid will need a bicycle. Oh, wait...

  7. Re:The court order by steveg · · Score: 5, Insightful

    This punishment sounds a lot like, "You are so grounded."

    --
    Ignorance killed the cat. Curiosity was framed.
  8. In other news... by LowerTheBar · · Score: 5, Funny

    Computer Thief Barred From Using Handlebars