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Essex Police Arrest Man Over Blackberry Water Fight Plan

An anonymous reader writes "Under the banner headline 'Police reassure residents they are working to keep county safe,' Essex police proudly proclaimed that they arrested a 20-year-old man from Colchester who 'allegedly sent messages from a Blackberry encouraging people to join in a water fight.' Having also made a number of arrests of people sitting at home on Facebook, Acting Assistant Chief Constable Mason wrote: 'Police will continue to monitor social networking sites for unlawful activity.'" That's some good police work there, Lou.

25 of 158 comments (clear)

  1. Just Protecting Him From Himself by WrongSizeGlass · · Score: 4, Funny

    The police are just looking out for the man's interests. If he took his Blackberry to a water fight it could get wet and be ruined and it would just end in tears (which he would hide by getting wet again). They saved his Blackberry to tweet/text/post another day.

    1. Re:Just Protecting Him From Himself by discord5 · · Score: 2

      They saved his Blackberry to tweet/text/post another day.

      Just found this on twitter:

      Currently in jail for planning aquatic mayhem. Now my cellmate is planning aquatic mayhem in the shower.

    2. Re:Just Protecting Him From Himself by rednip · · Score: 2

      OMG, so we're like doing that now? And it's being modded up?

      The end days are here indeed.

      --
      The force that blew the Big Bang continues to accelerate.
  2. England by Anonymous Coward · · Score: 3, Informative

    They're really determined to become Airstrip One, aren't they?

    1. Re:England by Anonymous Coward · · Score: 2, Insightful

      The debate in the British Parliament was scary. It was endless calls for more police officers, more cameras, allowing police to use tactics like water cannons, more cameras, sending everyone even tangentially involved to jail for the absolute maximum possible, and more cameras. The sadly few occasions an MP would mention looking for the root causes of this social unrest, the British PM would ignore that part of the question.

      Airstrip One now has telescreens everywhere with MPs crying out for even more of them, and an incestuously close relationship between government, law enforcement, and the media. (News of the World scandal? What News of the World scandal??)

    2. Re:England by Darinbob · · Score: 2

      Of course it's scary. It's also highly predictable. I'd just sigh whenever someone mentioned support for the rioters because they had some grievances because it was obvious that the rioting would only reduce freedoms. Just like the anonymous bozos, who claim to fight for freedoms but who will only end up hurting them in the long run.

      That's why anarchy at the beginning of last century didn't work. The "theory" that the government would look incompetent due to random violence and be weakened didn't work and instead governments just cracked down harder. In one hundred years it seems the only thing that does get democratic governments to relax is nonviolent civil disobedience. That is you shame the government and the people because they see police hitting peaceful people with batons and arresting non-violent chanters who are not blocking anyone, as opposed to seeing them hit violent mobs with batons and arresting people during a time of crisis.

    3. Re:England by Anonymous Coward · · Score: 3, Insightful

      Unfortunately the police have figured out how to deal with peaceful protests. All they have to do is surround a small group of protesters, force them into a corner, and keep them there until someone does something stupid. Then wait for the media to get a few juicy shots of the "violence" which can be repeated over and over on TV.

      This is partly the reason why the riots got so out of hand: These tactics don't work *at all* if everyone shows up looking for trouble.

  3. asking undefined amount of people to meet by gl4ss · · Score: 2

    asking undefined amount of people to meet in public is illegal in increasing number of countries.
    because that's a riot. or unlawful assembly. or whatever.

    he should've sold something and advertised for people to come buy it - at least that's still legal almost everywhere.

    next up, banning using post office to invite people. commercial spam's going to be ok though.

    --
    world was created 5 seconds before this post as it is.
    1. Re:asking undefined amount of people to meet by h4rr4r · · Score: 2

      Right to peaceably assemble sound like something you have heard of ?

    2. Re:asking undefined amount of people to meet by Baloroth · · Score: 2

      He might have. I don't think the government has, though. Seriously, I'd bet quite a few of them don't even know about that right, having never actually read whatever equates to the Constitution in England. Assuming that is a right in the UK, maybe it isn't.

      Either that or they just don't care anymore. I'll give most of them the benefit of the doubt and call them ignorant rather than willfully tyrannical. This is the government we're talking about here, and not the competent branches like MI-6 either.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    3. Re:asking undefined amount of people to meet by interkin3tic · · Score: 2

      asking undefined amount of people to meet in public is illegal in increasing number of countries.

      I'm declaring this now: any meeting of any type I call for, in public or in private, the maximum number of participants I'm asking for shall forthwith be defined as "seven billion." If there is no obvious defined number in my call to meet, know that number is not undefined, and thus not illegal, the number is seven billion.

      That is all.

    4. Re:asking undefined amount of people to meet by rhook · · Score: 2

      Pocket knives are illegal in the UK.

  4. Compensation by Andy+Smith · · Score: 5, Insightful

    This is an age-old debate but in my opinion there needs to be significant compensation for arrests that don't lead to convictions. Even more so if the arrest doesn't even lead to a charge.

    The way things are at the moment, people who are wrongly arrested are expected to see their eventual release as a "relief" and be thankful for it. That's not how it should be. Otherwise the police had might as well arrest and hold everyone, take their time investigating all of them, and then release everyone who didn't do anything wrong.

    In the venn diagram of arrests and convictions the target intersection is 100%. Currently it is nowhere near 100% and that is not entirely due to a flawed court system, it is partially due to too many innocent people being arrested.

    1. Re:Compensation by Darinbob · · Score: 2

      I think there is a large difference between just arresting a random person on the street for no reason and arresting someone in the middle of a huge angry crowd at the same time that there are violent riots going on. Maybe there's no reason to arrest the second person but it is a much more effective strategy; arrest a chunk of people and others will be less likely to come out and "support" the violent rioters; arrest the loudest voices that seem to be crowd leaders and it does make a difference in breaking up the crowd.

      Yes it is an erosion of rights but you really can't compare this to "arrest and hold everyone". You can make an argument that there's no need to break up a peaceful crowd but there are extremely violent and murderous crowds in many cities in England currently. What would have been appropriate last summer is not necessarily appropriate this summer.

      If you allow significant compensation for this sort of arrest I can guarantee you that people will be out in greater numbers trying to get arrested and doing their best to piss off a cop as their chance to get some cash. Did you see the famous civil rights marchers in the US south whining when they got arrested or demanding compensation?

    2. Re:Compensation by Grishnakh · · Score: 2

      Laws prescribing much harsher penalties for such things might help. For instance, if someone is found guilty for murder, but later DNA evidence exonerates him, then the prosecutor, and anyone found to have fudged evidence or ignored critical evidence, should be executed. In fact, prosecuting attorneys should always be automatically executed any time an innocent person is convicted.

    3. Re:Compensation by Grishnakh · · Score: 3, Insightful

      Did you see the famous civil rights marchers in the US south whining when they got arrested or demanding compensation?

      No, but they should have. They deserved compensation for the terrible treatment they endured under color of authority.

      If you allow significant compensation for this sort of arrest I can guarantee you that people will be out in greater numbers trying to get arrested and doing their best to piss off a cop as their chance to get some cash.

      With today's technology, this isn't such a problem. Cops should wear helmets with cameras at all times; what the cop sees, the camera sees. If some hooligans are out causing trouble, and the cops arrest them, no problem: they have video evidence against them, placing them at the scene and showing their actions. If there's thousands of people rioting, video showing a person in the rioting crowd, and that same person being whacked by cops with batons and arrested, is sufficient to show that the cops acted properly. If they just bring in some random guy with bruises and claim he was rioting, but have no video of his actions or his takedown and arrest, then the cops have done something wrong.

      This video evidence should also be made immediately available to the public as soon as technically possible (e.g. when the cop gets to the station and turns in his memory card for the day), in case any interested citizens want to keep a watch on the cops. This type of system can serve to protect both the cops from false allegations, and potential victims of police abuse, and also to repair the public's distrust of cops.

  5. What was illegal here? by dbc · · Score: 3, Interesting

    Does he not have the freedom of assembly? Does he not have the freedom to call for an assembly? What part of a water fight is not legal? If he was planning a non-crime, then what is the pre-crime? Can you be arrested for a pre-crime in England?

    1. Re:What was illegal here? by Grumbleduke · · Score: 3

      Does he not have the freedom of assembly?

      Yep, he has that. Although it can be restricted.

      Does he not have the freedom to call for an assembly?

      Probably covered by the above.

      What part of a water fight is not legal?

      Well, it could be some sort of offence against the person (would certainly be battery, if there was no consent). Then you have all those lovely "breach of the peace" or "affray" things that the police love to (often incorrectly) apply when they want to round someone up. They could also go with s127 Communications Act 2003 (as with the Twitter Joke Trial) if they can show that calling for a water fight is "menacing".

      Can you be arrested for a pre-crime in England?

      Of course you can - planning, or conspiracy to do a crime is arrestable most places.

      Times like this I wish I was a lawyer already....

  6. Intelligence gathering on the police themselves by J'raxis · · Score: 3, Interesting

    So this storiy is basically a tacit admission either that:---

    Blackberry and Facebook are doing realtime or near-realtime surveillance of users and sending suspicious information to the British police; or

    The British police are capable of, and are, listening in on Blackberry or Facebook* without the co-operation of these corporationsi i.e., they're surveilling network traffic or similar. Facebook is entirely conducted through HTTPS nowadays, so if this be the case, that the bobbies can listen in is an even more significant revelation.

    * This conclusion wouldn't hold of course if the police are merely trolling through what people post in public on Facebook, which is entirely a possibility considering how ignorant many people are about discretion and privacy.

    1. Re:Intelligence gathering on the police themselves by rocket+rancher · · Score: 4, Insightful

      So this storiy is basically a tacit admission either that:---

      Blackberry and Facebook are doing realtime or near-realtime surveillance of users and sending suspicious information to the British police; or

      The British police are capable of, and are, listening in on Blackberry or Facebook* without the co-operation of these corporationsi i.e., they're surveilling network traffic or similar. Facebook is entirely conducted through HTTPS nowadays, so if this be the case, that the bobbies can listen in is an even more significant revelation.

      * This conclusion wouldn't hold of course if the police are merely trolling through what people post in public on Facebook, which is entirely a possibility considering how ignorant many people are about discretion and privacy.

      Well, there is a third possibility. It is entirely possible a friend of a friend got invited to the water fight, and decided to fuck over his mate by showing the local constable selected bits of the original invitation. No need to postulate that level of surveillance by the police when simple human maliciousness is available...

    2. Re:Intelligence gathering on the police themselves by adamofgreyskull · · Score: 2

      1. AFAICT: The police are already investigating Blackberry messages (with RIM's co-operation) as part of the riot/looting investigation.
      2a. Facebook is not entirely conducted through HTTPS. There is an option to always connect through https, but as far as I know it is turned off by default.
      2b. Where it is turned on, many Facebook games/applications don't support https and you will be prompted to "turn it off." We all know how well security fares in the face of "You have to do this to click the dancing monkey. Do it now or you won't get to click the dancing monkey"
      2c. As you say, who gives a pig's trotter if it is "conducted through HTTPS", if it's a status message. It doesn't matter one jot that "I think we should loot some TVs from Dixons" was encrypted end-to-end because it's now right there as your status. Hell, even if it's a Facebook message, there is now nothing to stop a recipient of the message forwarding it to the police.

  7. Re:Water fight deaths in 2008? by MozeeToby · · Score: 5, Insightful

    How many deaths were caused by people crossing the street at appropriate crosswalks and with the traffic lights? Better make that illegal. How many deaths playing football in after work leagues? Better make that illegal. How many deaths falling out of bed? Better make that illegal!

    I don't say this often, because I try to be generally polite even on the internet, but your logic is retarded. It is what leads to kids not being able to play tag during recess. It is the levels of paranoia that makes an adult male hesitate to help a terrified child because someone might think that they are trying to kidnap them. It is a significant portion of what is wrong with our society: the idea that everything and everyone can, and should, be made as completely safe as possible, regardless of the consequences.

    And just so we're absolutely clear, I'd rather live in a world where one or two people die having a water fight than live in a world where someone can arrest an adult for planning a water fight.

  8. The ECHR protects freedom of Assembly in England by vorlich · · Score: 4, Informative

    Wales, Scotland and Northern Ireland. Under article 11. Since there are two different systems of Law in The United Kingdom of Great Britain and Northern Ireland, the European Convention on Human Rights is the final adjudication on this. So he can go to a water fight - however the possibility that a water fight could affect the "peace" it could be restricted on the grounds of possible public safety. In Scotland, which is the country with a different legal system, the possibility that a "water fight" could get out of hand would be classed as "intent to commit a breach of the peace". However a regular water fight in a sensible location would be hardly fall into that category.

    However this is all academic because it appears to come from a collection of stories in today's Colchester gazette where it reports that a man was arrested for trying to organise a thousand strong water fight in the town centre or 'inciting public disorder.'http://mobile.gazette-news.co.uk/news/9194795.Man_charged_after_allegedly_trying_to_organise_a_mass_water_fight/
    I'm reasonably certain that if their is any truth in the story, the local constabulary would have to take it seriously and avoid charges of complacency.The story appears to have been drawn from the Monday morning court calendar - the normal source of news on a Monday morning. The same report mentions another man, posting on facebook, one assumes he is the main feature of this post and he was released without charge.

    --
    Posts, MyBio or Sig, may contain satire, sarcasm, bolded nouns be sardonic or even witty & be Church of SD
  9. Re:Water fight deaths in 2008? by iceaxe · · Score: 2

    And just so we're absolutely clear, I'd rather live in a world where one or two people die having a water fight than live in a world where someone can arrest an adult for planning a water fight.

    As a corollary I'd like to go on record preferring a country (or world) where there is a small risk of being blown up by a terrorist nutjob to one where I am made "safe" from insignificant risks by the loss of significant freedoms, while things that pose much larger actual risks are allowed to go on, largely because someone is making a pile of money off of those larger risks.

    In general I prefer freedom to safety, though I will accept a certain amount of restriction where it makes reasonable sense. But for Crom's sake, do it for real reasons, not for political expediency.

    --
    WALSTIB!
  10. Re:huh? by jklovanc · · Score: 3, Interesting

    Any assembly over a certain number requires a permit because the following needs to be done;
    1. Extra policing arranged in case things get out of hand.
    2. Extra clean up to deal with the mass of garbage left behind by many people.
    3. Extra paramedics to deal with injuries.
    4. Restroom facilities for such a large number of people.
    5. Blocking off streets so people do not get run over.

    The article is also misleading in showing two people with small water pistols. What was being organized was hundreds, if not thousands, of people converging in downtown public streets to in effect take over the area and have a water fight. Any business in their right mind would close their doors to protect themselves from the mayhem. Don't the shops and business have a right to do business? Who will pay for the policing, Who will pay for the cleanup? Who will pay for damages?

    A water fight is not illegal; hundreds of people taking over a city centre without proper planning and a permit for what ever reason, even a water fight, is illegal.