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'G20 Geek' Byron Sonne Cleared of Explosives Charges

New submitter davegravy writes "Byron Sonne, the Toronto-based security consultant, chemistry hobbyist, and geek who was arrested leading up to the Toronto G-20 for alleged plans to bomb the event, has been found not guilty of all charges. Sonne was held in prison for 11 months without receiving bail, and the ruling comes two years after his arrest. Sonne is considered by many in the Toronto security community as a champion of civil rights and a sharp critic of security theatre."

278 comments

  1. Unfair by Terry+Pearson · · Score: 5, Insightful

    Those who oppose security theater are often it's first victims.

    1. Re:Unfair by Anonymous Coward · · Score: 1

      The problem is even with resistance like this, the next step is to cripple education, more than it already is, so that knowledge is less of a threat to the family dynasties which are in place.

    2. Re:Unfair by Anonymous Coward · · Score: 2, Funny

      Those who oppose learning the difference between its and it is are often the apostrophe's first victims.

    3. Re:Unfair by cbiltcliffe · · Score: 5, Interesting

      What I want to know is, where is /. user "Americano" now?

      He was all over the original story of the arrest, stating that Sonne must have done something wrong, because the police don't arrest people for no reason.

      Choice quotes include:

      Think of the black eye to Canada (and especially their law enforcement), if this were shown to be trumped up charges over a guy with a cell phone, a can of gas in his garage, and a couple walkie talkies? They'd be laughed at as a bunch of Keystone Kops for years over this.

      and

      Your scenario, where it's just a bunch of crooked cops looking to railroad some guy for a crime he didn't commit, while no doubt appealing to the "IANAL, but I play one on Slashdot!" crowd, simply doesn't pass the test of logic. It would require dozens, perhaps hundreds, of law enforcement and judiciary personnel to be corrupt to the point of downright evil in order for that to happen. Is it *possible*? Sure, just about anything is. But it's not *likely* that that many people would wake up and, in the midst of Canada being in an international press spotlight, decide to ruin someone's life just for the fun of it.

      I guess he's not here, because he doesn't want to be laughed at like a bunch of Keystone Kops......

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    4. Re:Unfair by avgjoe62 · · Score: 4, Insightful

      It would require dozens, perhaps hundreds, of law enforcement and judiciary personnel to be corrupt to the point of downright evil in order for that to happen.

      Never ascribe to malice that which can be adequately explained by incompetence.

      --

      How come Slashdot never gets Slashdotted?

    5. Re:Unfair by Americano · · Score: 4, Interesting

      Awww, apparently I hurt somebody's feelings! I'd apologize, but then, I'm not sorry. I stand by my original statements: the police didn't arrest him for no reason, these were NOT trumped up charges, this man was NOT railroaded into jail because police wanted an arrest. This was a case of a man deliberately setting out to probe the efficacy of security for the G-20 summit by purchasing chemicals used in bomb making, again - *in an attempt to prove that the security for the G-20 summit was ineffective.* In essence, he was betting that security wouldn't take notice of his activities... and he lost his bet.

      Mr. Sonne went out of his way to purchase specific chemicals that are integral components in bomb-making. He went out of his way to express his intentions to "test security" at the G-20 summit. Security took notice of those activities (which he apparently assumed they wouldn't), and they responded as if he posed a threat to bomb the G-20 summit (which was exactly what he tried to make it look like he was thinking of doing). Those chemicals were purchased in sufficient quantities that, if combined, could have created several kilos worth of explosive material (as testified by an explosives expert during the case).

      And technically, I'm just one person - I wouldn't be laughed at "like a bunch of Keystone Kops" - I'd be laughed at "like a Keystone Kop." But I'm glad something I wrote here was memorable enough that you're this incensed about it 2 years later. You stay beautiful, and let's do this again in 2014, okay?

    6. Re:Unfair by lysdexia · · Score: 4, Funny

      I'll wager ye three swine against your sister's maidenhead you'll still be wrong in 2014.

    7. Re:Unfair by Karl+Cocknozzle · · Score: 5, Insightful

      Mr. Sonne went out of his way to purchase specific chemicals that are integral components in bomb-making.

      So what? Not illegal to purchase those components if you aren't making a bomb. In fact, it isn't even illegal to buy those things even if you're "thinking about" making a bomb. Possessing these things isn't a crime unless he actually builds a bomb. He didn't build a bomb, never had any intention of building a bomb, and the cops KNEW full-well he had no intention of building a bomb.

      So why the charges, if not to silence a critic?

      He went out of his way to express his intentions to "test security" at the G-20 summit.

      Not illegal. Ever heard of "Freedom of Speech?"

      Security took notice of those activities (which he apparently assumed they wouldn't), and they responded as if he posed a threat to bomb the G-20 summit (which was exactly what he tried to make it look like he was thinking of doing).

      More like they saw that a guy who'd been criticizing them publicly for ineffective security regimens and saw an opportunity to tarnish his reputation and chill his speech in the future by branding him a terrrorist. Even though he's been acquitted, the damage is done: In the narrow-minds of many this man is now a "terrorist" and damaged goods as a security analyst. ...All because he criticized the wrong person.

      And really, how anybody can claim it is anything else than that is beyond me: Almost every advanced nation factors a defendants INTENT to commit a crime into the equation of whether they're guilty or not. In no scenario can anybody claim this guy had intent to blow anything up: He's said he never intended to, and no investigator when pressed has EVER presented evidence he intended to build a bomb. This is a "wink-and-nod" between the cops involved to strike-back at somebody who is critical of their security-theater gravy-train--nothing more.

      --
      Who did what now?
    8. Re:Unfair by EasyTarget · · Score: 2, Insightful

      "Awww, apparently I hurt somebody's feelings! I'd apologize, but then, I'm a trolling jerk"
      - There, fixed it for ya.

      Two things spring to mind.
      1) 2 years later, and you're still trolling the same topic.. how sad is that?
      2) You wrote the GP post anyway.. your postings from 2 years ago are, lets face it, not memorable to anyone but yourself.

      --
      "Oops, I always forget the purpose of competition is to divide people into winners and losers." - Hobbes
    9. Re:Unfair by Anonymous Coward · · Score: 3, Interesting

      I personally know someone who was involved in this case, and even the judge realized the crown was stretching a lot of information. The crown refused to give on even the most trivial matters. You can find more information here: http://freebyron.org and all the notes on the trial here: https://github.com/colah/ByronTrialNotes/blob/master/days.md

      A lot of things in your house are "bomb making materials." Just because his hobby dealt with (perfectly legal) rockets, doesn't mean he did anything wrong. Do you have a couple ounces of gasoline? Put it in a bug sprayer and point it up in the air, and you just created a bomb. Do you have bleach and hydrogen peroxide (as most homes do)? Then you can make a bomb. None of the materials he possessed were actually explosive. I believe as far as they got was "it will burn if you apply enough heat." Well, so does my desk. Not sure that counts as a dangerous weapon. All the logs of conversations regarding these materials point at the fact that this was indeed only for a hobby.

      The materials he held had nothing to do with testing the security of the G-20. They were not hidden, he openly talked about them, as would anyone who had nothing to hide. As a security expert and concerned citizen, he wanted to inform both the people in charge that they were doing a poor job of security, and the tax payers that they were paying a ton of money for something that wasn't even very safe. In the process, he lost his home, and his wife.

    10. Re:Unfair by Anonymous Coward · · Score: 0

      Those who oppose learning the difference between its and it is are often the apostrophes' first victims.

      FTFY

    11. Re:Unfair by AvitarX · · Score: 1

      I disagree, the apostrophe loves to take victims (see, it's singular).

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    12. Re:Unfair by Americano · · Score: 1

      I'd apologize

      For what, exactly? Having an opinion that somebody disagreed with on slashdot?

      I'm a trolling jerk

      My posting history here will put that misconception to rest pretty quickly. You may not agree with me, you may not LIKE my opinions, but that does not constitute "trolling."

      You wrote the GP post anyway.. your postings from 2 years ago are, lets face it, not memorable to anyone but yourself.

      Sorry friend, not my style at all. I don't believe any of the discussions here are important enough to warrant reposting something I wrote 2 years ago. Do you really think I'd go to the trouble of:

      1) registering 2 separate accounts;
      2) Post on them numerous times;
      3) Argue with myself?

      Again - not my style, as even the most casual perusal of my posts here will confirm.

    13. Re:Unfair by Anonymous Coward · · Score: 0

      It works both ways. Noticing this requires not being a moronic grammar nazi though.

    14. Re:Unfair by Rotworm · · Score: 1

      This is a shameful response.

      It's not illegal to purchase chemicals, even if they are chemicals related to bomb-making. I might give you that it's merit to interview someone, but performing legal activities is not a reason to incarcerate someone, even if it's temporarily. You're defence didn't illustrate any reason to suggest incarcerating him for a year was merited.

      I think it's pretty intuitive you yourself would be outraged for being incarcerated for a year because of the coincidence of performing several legal activities.

    15. Re:Unfair by Americano · · Score: 1

      Almost every advanced nation factors a defendants INTENT to commit a crime into the equation of whether they're guilty or not.

      Yes, and it appears that his INTENT was not to commit a crime, and so he was declared NOT GUILTY. You are allowed to bring charges against someone if you have probably cause to believe they are committing - or INTEND to commit - a crime. When somebody talks about their intent to "test security" and goes on a chemical purchase spree, it's reasonable to question somebody's intent. You evaluate that intent in something known as a trial.

      What I posted 2 years ago was in response to somebody claiming that the arrest was nothing but trumped up nonsense - the arrest was valid, because he went out of his way to give off the appearance of somebody looking to bomb something. It was his *express intent* to look that way. So they arrested him; They tried him - and during the trial, it was determined that he never "INTENDED" to harm anyone. This wasn't about "oh my god, you bought a bag of fertilizer." It was about, "oh my god, you bought a number of chemicals that could be used to make bombs, and then told people you were doing so specifically to provoke a security response from the G-20 security." And he did. What sort of response would you have the police make?

    16. Re:Unfair by Rotworm · · Score: 1

      I'd apologize

      For what, exactly?

      It was you that was being quoted for apologizing. It seems pretty straight-forward what you were apologizing for.

      I'm a trolling jerk

      My posting history here will put that misconception to rest pretty quickly.

      Your comment history doesn't absolve you of anything. If you replied to a thousand comments that were in no way trolling comments, that doesn't mean your one-thousand and first comment couldn't possibly have been a troll. Each comment is judged on it's merits. But I acknowledged you seem to be unfamiliar with legal logic to have been aware of that.

    17. Re:Unfair by sjames · · Score: 1

      Actually, no. He had chemicals that could conceivably be made into a bomb, but that was not connected at all to his plan to monitor security radio traffic and tweet it. He did NOT attempt to make things look as if he was planning a terrorist attack, that's what the police did.

      I know a guy with enough material to make a few tons of high explosive. Or he could spray it on people's lawns. Guess which one he does!

      It really does look like he annoyed the police by knowing his rights, so they bent over backwards and twisted facts into a pretzel to manufacture suspicion.

    18. Re:Unfair by Karl+Cocknozzle · · Score: 5, Insightful

      What sort of response would you have the police make?

      You do realize it is possible to have an investigation and not file criminal charges, right? That there is no requirement to file criminal charges just because there has been an investigation, correct? That prosecutors aren't just "allowed" but are "expected" to not file charges in unwinnable cases because the defendant in question is somebody who has ridiculed them publicly for years. Don't you?

      That prosecutors and cops pressing an un-winnable case to the hilt, and just happen to be doing so against somebody who has been criticizing them publicly for years is a pretty large coincidence. But you're right, I'm sure his years-long criticism of Canadian anti-terrorism "security" theater had nothing to do with the reason he was used (correctly) to "send a message" to anybody else that might say the "wrong" things and "reveal our weaknesses" to "terrorists."

      You're right, nothing to see here: Big Brother always knows whats best, and ours is not to reason why.

      --
      Who did what now?
    19. Re:Unfair by Americano · · Score: 1

      You do realize it is possible to have an investigation and not file criminal charges, right?

      You do realize that an arrest generally occurs before the full investigation, which precedes the decision of whether or not to file criminal charges... right?

      My comments 2 years ago were specific to the *arrest* of Mr. Sonne, in response to somebody claiming that the arrest was bogus, and there was absolutely no cause to suspect he was doing anything illegal.

      Denying bail and detaining him for 11 months while his trial was pending - I believe that's unreasonable. Pressing charges after the full investigation suggested he was mostly a harmless crackpot? Probably unreasonable, but apparently the prosecution felt they had a stronger case than they did.

      But the arrest of a man who had gone on a purchasing spree of materials used in the manufacture of explosives, and who had been talking up his intent to "test" security? Absolutely reasonable - absolutely what the police should have done. Police aren't the people who are required to prove his guilt - that happens at trial. The police conduct the investigation, and when you have a man deliberately provoking the suspicion of authorities, neglecting to investigate this would have been an abdication of their responsibilities.

    20. Re:Unfair by Americano · · Score: 1

      If you replied to a thousand comments that were in no way trolling comments, that doesn't mean your one-thousand and first comment couldn't possibly have been a troll.

      Indeed! I'll be happy for you to point out a single instance of me trolling. Just one. Being "a trolling jerk" sort of requires that I have "been a troll," and strongly implies that I make a habit of it.

      Each comment should be evaluated on its merits. Now, please, show me just one you evaluate as "trolling," where trolling isn't simply your shorthand for, "I disagree with you, or dislike your position."

    21. Re:Unfair by Rotworm · · Score: 1

      I'll be happy for you to point out a single instance of me trolling

      Awww, apparently I hurt somebody's feelings! I'd apologize, but then, I'm not sorry. I stand by my original statements: the police didn't arrest him for no reason, these were NOT trumped up charges, this man was NOT railroaded into jail because police wanted an arrest. This was a case of a man deliberately setting out to probe the efficacy of security for the G-20 summit by purchasing chemicals used in bomb making, again - *in an attempt to prove that the security for the G-20 summit was ineffective.* In essence, he was betting that security wouldn't take notice of his activities... and he lost his bet.

      The short explanation is that he didn't do anything illegal, so you're trolling by pretending:

      these were NOT trumped up charges

      If he didn't do anything illegal, they must be trumped up charges.

    22. Re:Unfair by jaymemaurice · · Score: 1

      ... and his wife.

      Now he's a famous, single, bad-ass, batchelor, martyr... once he realizes that, he'll be fine.

      --
      120 characters ought to be enough for anyone
    23. Re:Unfair by Anonymous Coward · · Score: 0

      Sorry pal,
      You should know better than to read your court reports from the media. All of what you state was unsubstantiated by the evidence presented in court. See https://github.com/colah/ByronTrialNotes for first hand reporting in exquisite detail. After reading all this you will agree this guy only looks guilty when all you consider is the worst possible use for each thing he possessed. Sometime Potassium Nitrate really is fertilizer.

    24. Re:Unfair by flyingfsck · · Score: 1

      Yeah, I made little rockets and crackers and launched them from model airplanes when I was a teenager. Today, I still do the same thing on a larger scale, working in the defence industry. All of that doesn't make me a terrorist, quite the contrary.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    25. Re:Unfair by serviscope_minor · · Score: 1

      Never ascribe to malice that which can be adequately explained by incompetence.

      I wish people would stop quoting this and assuming its true because it is not. Some people are simply nasty and do malicious things because they are in a position to do so. Second, if they were incompetent, they would have missed him entirely. It takes maliciousness to pursue someone with such gusto.

      --
      SJW n. One who posts facts.
    26. Re:Unfair by rtb61 · · Score: 3, Insightful

      As for the 11 months in jail, a divorce, loss of future career, hmm penalties for criticising security theatre and attempting to short circuit the creation of a police state. The arrest was all about silencing a critic and nothing to do with justice. When out of control law enforcement had access to everything in his house, they knew, they 100% totally know they were in error, the only reason they kept going was they didn't want to admit fault and felt that regardless of the truth they could get away with a false prosecution under a poorly written law.

      A new criminal trial should start, one targeted at the officers in question, they who purposefully abused the trust placed in them in order to pursue personal agendas that had nothing to do with law and justice.

      --
      Chaos - everything, everywhere, everywhen
    27. Re:Unfair by tehcyder · · Score: 1

      Or maybe the law enforcement estabishment was pissed off that a self-styled "security expert" caused them to waste valuable time and resources prior to an important event, purely in order to boost his own sense of self-importance and gain geek cred points.

      Here's a big clue for people who think they are "security consultants": ask permission before you start testing systems, or you can expect to be treated as a genuine attacker. I don't know why people think that because they're using a computer they're not subject to the same laws and rules as eveyone else..

      I agree that 11 months in jail without bail is excessive if there wasn't enough evidence to convict him of anything at all. He should just have been charged with wasting police time or something, given a couple of weeks in jail and a fine.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    28. Re:Unfair by Sigg3.net · · Score: 1

      Being Simply Nasty sounds like a social incompetence to me, though.

    29. Re:Unfair by tehcyder · · Score: 3, Insightful

      So what? Not illegal to purchase those components if you aren't making a bomb. In fact, it isn't even illegal to buy those things even if you're "thinking about" making a bomb. Possessing these things isn't a crime unless he actually builds a bomb. He didn't build a bomb, never had any intention of building a bomb, and the cops KNEW full-well he had no intention of building a bomb.

      This is a slightly weaker version of the amusing libertarian argument often seen on slashdot about assassinating the President (or whovever). It's not illegal to own a gun, it's not illegal to make threats against someone, it's not illegal to transport your weapon to somewhere near where the President will be, it's not illegal to set up your weapon with the sights zeroed in on the balcony where he will be appearing...and so on.

      The conclusion is that nothing is illegal except actually shooting the President, and therefore no on ecan do anything to stop it. Even if the Secret Service saw the weapon in place, they would be acting illegally and infringing on his rights to free speech, and to bear arms, if they prevented him from doing anything.

      Meanwhile, in the real world, if you make comments about bombs, and buy bomb making materials, you're lucky not to end up in jail for twenty years charged with conspiracy to commit terrorist acts.

      Although, again for the libertarians, there's no such crime as conspiracy anyway, as it's all just free speech until someone is actually killed.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    30. Re:Unfair by tehcyder · · Score: 1

      You're right, nothing to see here: Big Brother always knows whats best, and ours is not to reason why.

      Yes, because in Nineteen Eighty Four, Winston Smith got a fair trial and was found not guilty.

      The definition of a police state is not "where the police investigate threats to commit criminal acts and bring people to a fair trial".

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    31. Re:Unfair by tehcyder · · Score: 1

      No, fuck you, someone is not a "troll" because he disagrees with you or the slashdot consensus.

      Why do so many slashdotters think that because someone has committed a potential crime, or acted like a twat, but did it with a computer that he is therefore automatically an Heroic Hacker?

      If this particular bag of wank had phoned in or written in cut up newspaper headlines a bomb threat, and then been tracked down and sent to jail/psychiatric hospital, no one here would give a fuck.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    32. Re:Unfair by tehcyder · · Score: 1

      Your comment history doesn't absolve you of anything. If you replied to a thousand comments that were in no way trolling comments, that doesn't mean your one-thousand and first comment couldn't possibly have been a troll. Each comment is judged on it's merits. But I acknowledged you seem to be unfamiliar with legal logic to have been aware of that.

      What you say is technically correct, but entirely unhelpful. I assume you are a lawyer yourself?

      Anyway, if you actually read the prior posts, it is patently obvious that the OP's "trolling" offense was purely to express an opinion contrary to the "we're living in a police state and controlled by the evil 1984 government" teeny-libertarian world view that seems to have taken over slashdot.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    33. Re:Unfair by tehcyder · · Score: 1

      The short explanation is that he didn't do anything illegal, so you're trolling by pretending:

      He did enough things that were suspicious to justify an investigation, and there was clearly enough evidence to go to trial or else there wouldn't have been a court case.

      Fine, he was found not guilty, luckily we live in a society where not all verdicts are guilty ones. Because >strong>that is what living in a police state would mean.

      If he didn't do anything illegal, they must be trumped up charges.

      What a charmingly simple view you have of reality. Ironically, you sound just like a negative versiion of one of those "if he wasn't guilty he wouldn't have been questioned by the police/arrested so he's obviously guilty even if the charges are dropped" retards.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    34. Re:Unfair by coastwalker · · Score: 1

      I think that if you shout fire in a crowded theater and there is no fire you deserve a poke with a sharp stick. This isn't the smartest way to complain about security theater.

      --
      Facts are history now plebs have politics for religion on social media.
    35. Re:Unfair by Defenestrar · · Score: 1

      It works both ways. Noticing this requires not being a moronic grammar nazi though.

      Obligatory.

    36. Re:Unfair by Anonymous Coward · · Score: 0

      Explain this like I am a 4 year old, cause I don't get it.

      Yes, it is possible this is incompetence. No, that does not rule out the possibility it still is malice. So WHY should we not ascribe it to malice ?

    37. Re:Unfair by avgjoe62 · · Score: 2

      At a sufficient level of incompetence, you don't realize that you are being malicious. You are so incompetent you cannot even see your own malice.

      Most people do not take others into consideration when going about their daily lives. The person that cut you off on the road today? They didn't PLAN to do that to you. They were just on their cell phone, drinking a cup of coffee, eating a burrito and checking their GPS. You, in that car behind and to the right of them, didn't even enter into their calculations. They did not MEAN to cut you off, but they did. And when you recover from stepping on the brakes and swerving to avoid them and you pass them because they are doing about twenty MPH below the speed limit, they wonder why you are giving them the finger. To them, you are the one with malice because you targeted them.

      Same thing with the cops that were convinced this guy was guilty of SOMETHING. The thought that what they were doing to him was ruining his life probably never entered into their minds. That they would drag his life down a rabbit hole and plop into the middle of a Kafka story did not occur to them. Remember, they spend every day in the middle of Wonderland, surrounded by all sorts of strange things like lawyers and courts and hearings. The thought that they were dragging this guy away from his life did not enter into their consideration because they were not out of their comfort zone.

      And shit rolls down hill. Maybe a prosecutor looked at this case early on, someone that knew their stuff and thought that the case was weak, but could not bring themselves to believe that the cops would be so incompetent that they could not tell the difference between thoughts and criminal acts. Very few people are willing to question the competence of those they work with so that one small problem snowballs into a great big problem.

      This is why I think one of the marks of a really smart person is that they know their weakness. If they are REALLY smart they build a team around them that compensates for their incompetence. But obviously, very few people are that smart.

      --

      How come Slashdot never gets Slashdotted?

    38. Re:Unfair by Rich0 · · Score: 1

      You do realize that an arrest generally occurs before the full investigation, which precedes the decision of whether or not to file criminal charges... right?

      Unless there is actual evidence of imminent harm, this should never happen. There's this thing called probable cause...

    39. Re:Unfair by Americano · · Score: 1

      You might want to go look at my response to Karl Cocknozzle's (his name, not a derogatory nickname I've given him) sibling post. You know, the one where I wrote: "Denying bail and detaining him for 11 months while his trial was pending - I believe that's unreasonable. Pressing charges after the full investigation suggested he was mostly a harmless crackpot? Probably unreasonable, but apparently the prosecution felt they had a stronger case than they did."

      A new criminal trial should start, one targeted at the officers in question, they who purposefully abused the trust placed in them in order to pursue personal agendas that had nothing to do with law and justice.

      "The officers in question"? Really? So a couple random cops who were sent out to arrest him are the ones who masterminded and directed the entire politically motivated persecution you're alleging happened? If there was political motivation friend, his target should be much higher than "officers Smith and Jones, who arrested me." If it was politically motivated, you're looking at city, provincial, and perhaps even national elected officials. Not a couple patrol cops who got sent out to arrest him.

      How did the police officers "abuse the trust placed in them?" What "personal agenda" did they pursue? They arrested a man they had cause to believe was planning to build and use bombs during the G-20 summit. A man who went out of his way - by his own admission - to behave suspiciously in an experiment to "test security." A man who was TRYING to bring security scrutiny down on his activities. And then when they focused on him, he thought he could just go "HA HA! Just kidding guys! I'm really harmless," and they'd smile and say "Oh okay then, have a nice day, eh?"

      The civil suit he has stated his intention to file will no doubt examine his treatment by the police, and whether the 11 months in jail warrant some compensation by the state. But there is no requirement that you be "guilty beyond the shadow of a doubt" before the police arrest you. All they need is probable cause, and, again, he went out of his way to give them that.

      I encourage you to read that Toronto Star article I just linked. It details his attempts to get the police to take notice of him - and they did. It also, interestingly, it closes like this:

      He understands if people think he got what he deserved; that if you poke the bear, the bear might poke back. But he wishes the public, in general, made more of a fuss when their liberties are restricted, even in extreme circumstances like the G20.

      “I’m not trying to dress myself up as some kind of civil rights superhero. . . . But I’d like to see this as something that feeds into some kind of future dialogue about the way things are going.”

    40. Re:Unfair by Americano · · Score: 1

      There's this thing called probable cause

      yes, there is. And it's a much lower standard of evidence than is required for a guilty verdict. This is why numerous cases have "not guilty" verdicts rendered. Unless you're advocating that police & the public prosecutor display evidence guaranteeing a conviction before an arrest can even be made?

      Requiring that police have "actual evidence of imminent harm" before making an arrest pretty much means they need to catch someone in the act in order to make ANY arrest. That's not the standard of any legal system I'm familiar with, so your comment that "this should never happen," is just wishful thinking.

    41. Re:Unfair by The+Mister+Purple · · Score: 1

      At a sufficient level of incompetence, you don't realize that you are being malicious. You are so incompetent you cannot even see your own malice.

      Would that be called the Dunning-Freddy Krueger Effect?

      --
      "For a successful technology, reality must take precedence over public relations, for nature cannot be fooled." Feynman
    42. Re:Unfair by lsatenstein · · Score: 1

      If you act like a terrorist, are in the wrong place and have all the tools, have all the chemicals, and you are going through divorce then you are under intense suspicion. He should sue for wrongful incarceration.

      Sometimes the divorcee lies to the police. -- Example, my former husband beat me and the kids, he is violent. Then the guy and the cops know the wife wants him in jail for the week or until a bail hearing. -- A no win situation en any country.

      He really could be the victim of an angry divorcee.

      --
      Leslie Satenstein Montreal Quebec Canada
    43. Re:Unfair by lsatenstein · · Score: 1

      What sort of response would you have the police make?

      You do realize it is possible to have an investigation and not file criminal charges, right? That there is no requirement to file criminal charges just because there has been an investigation, correct? That prosecutors aren't just "allowed" but are "expected" to not file charges in unwinnable cases because the defendant in question is somebody who has ridiculed them publicly for years. Don't you?

      That prosecutors and cops pressing an un-winnable case to the hilt, and just happen to be doing so against somebody who has been criticizing them publicly for years is a pretty large coincidence. But you're right, I'm sure his years-long criticism of Canadian anti-terrorism "security" theater had nothing to do with the reason he was used (correctly) to "send a message" to anybody else that might say the "wrong" things and "reveal our weaknesses" to "terrorists."

      You're right, nothing to see here: Big Brother always knows whats best, and ours is not to reason why.

      I grew up in school with what I was taught that the idea of Habius Corpus and 48 hours max internment without a charge was the law.

      --
      Leslie Satenstein Montreal Quebec Canada
    44. Re:Unfair by cbiltcliffe · · Score: 1

      Incensed? Hardly. Otherwise I wouldn't be suggesting people laugh at you, would I? Memorable? Not at all. I went back to re-read the original article and some comments when this one came up, because it would refresh my memory as to the context of the case. Your "he must be guilty because the police say so" comments caught my attention, not two years ago, but yesterday. (As an off-topic aside, your "technically" is incorrect. I can laugh at you like a group of people, even though you're only one. I could laugh at you like 27 hot air balloons with 3 poo-flinging monkeys in each one, if I wanted. The fact that you're only one person is irrelevant.)

      Now, I haven't seen or read all of Mr. Sonne's postings regarding this, but I don't remember reading, or hearing of him ever claiming that he was actually going to make a bomb. (I realize you didn't make the claim that he did in this posting, but you did in one further down. Specifically: "oh my god, you bought a number of chemicals that could be used to make bombs, and then told people you were doing so")
      "Testing security" is not the same as "making and detonating a bomb." Heck, it's not even the same as "making a bomb."

      If he'd actually said he was going to be making a bomb, the police and prosecution would have been shouting from the hilltops that that was the case. The fact that they haven't been tells me that that statement was never made by him, regardless of your claim to the contrary. Similarly, the fact that the prosecution made out that his model rocketry hobby was an "elaborate ruse" to cover up his intent to make a bomb tells me that they had nothing at all indicating that he planned to build a bomb. I'm sure taking the time to read all the filings involved would confirm my suspicions.

      Another thing that I've read is that he stated that the fences could be pulled down in spots. Maybe this is what he meant by "testing security." Nothing to do with bombing them, but the police latched onto the bomb theory because of his rocketry hobby.

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    45. Re:Unfair by cbiltcliffe · · Score: 1

      I agree with your first point. But your second is wrong. I'm most definitely not the same person as Americano.

      The only reason I knew about his posts two years ago for this story is because I went back and re-read the original story and some comments to give myself a refresher on the context of the case. Undoubtedly I thought he was just as stupid when I first read them two years ago, but I promptly forgot them for the troll garbage they are.

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    46. Re:Unfair by cbiltcliffe · · Score: 1

      Do you really think I'd go to the trouble of:

      1) registering 2 separate accounts;
      -------------
      3) Argue with myself?

      That reminds me of an old school rap song...probably from sometime in the early to mid eighties. Probably before your time, judging by your User ID, but you never know:

      A split personality, it goes and comes,
      like two people trapped inside of one.
      One's a nice person, the other is not.
      One drinks cold water and the other drinks hot.

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    47. Re:Unfair by cbiltcliffe · · Score: 1

      He never made a bomb threat. He said he was going to test security. They are not the same thing.

      To flip your question on its head:

      How come the police think that because someone has committed a minor crime, but did it with a computer that it suddenly becomes a much more serious crime?
      In Canada, we have a section of the Criminal Code that makes "using a computer in the commission of another crime" an offence in itself. This is, of course, retarded, because it makes threatening to kill someone by email from half the world away more serious than threatening to kill them in person from 6 inches in front of them.
      The first is a hollow threat, with virtually zero chance of follow through. The second is quite possible to end in somebody being dead.

      Which should be the more serious crime?

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    48. Re:Unfair by cbiltcliffe · · Score: 1

      Batchelor? Is that a single guy who didn't go away, so got replaced with a very small shell script?

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    49. Re:Unfair by Anonymous Coward · · Score: 0

      In essence, he was betting that security wouldn't take notice of his activities... and he lost his bet.

      You see, this is where you just don't get it. He was open about testing security and confident his test would prove it ineffective - NOT that they wouldn't take notice of his activities, rather that they would take notice - and would trample all over his rights as a free citizen expressing his opinions in the name of "security". He was no threat. His actions were no threat. Yet the state squashed him and his rights like a bug - mostly as part of a Soviet style set piece of security theatre. It's a game the state continued to play as recently as a month ago, at a crucial juncture in the trial when they suddenly 'discovered' a 'large' cache of "explosive materials" at his former home and conducted a massive, televised raid and ginned-up 'detonation' two days later. (Court documents showed they'd been aware of the perfectly legal and carefully stored chemicals since the beginning of the investigations).
      When I was a boy, growing up in New York during the Cuban missile crisis, I always wondered how ordinary people like me, living in the evil Soviet Union, couldn't see or understand just how evil their government was. Why can't they see it, I wondered.
      Well, Mr. aptly-named fool, I wonder no longer.

    50. Re:Unfair by Americano · · Score: 1

      Your "he must be guilty because the police say so" comments caught my attention

      Now I understand your confusion - that's not what I said at all, and you don't understand due process. Here's something I also wrote at the time, which you conveniently omitted in an attempt to score rhetorical points:

      Perhaps it's a misunderstanding, and the guy bought a bunch of weapons and bomb-making materials "just to see if anybody would notice." Well, guess what? They noticed, and now the justice system is responding in exactly the way it should to somebody who legitimately appears to be a threat to public safety.

      The arrest was entirely legitimate - he was trying to create suspicion, and he did. Police then conducted an investigation, and felt that his activity created probable cause, so they arrested & charged him. And what do you know, the "police state" tried him, decided there wasn't proof (beyond a reasonable doubt) that he intended to do something illegal, and so he was declared not guilty and acquitted of all charges. This is how due process works - they aren't required to prove you're guilty beyond a reasonable doubt before they arrest & charge you.

    51. Re:Unfair by Americano · · Score: 1

      Undoubtedly I thought he was just as stupid when I first read them two years ago, but I promptly forgot them for the troll garbage they are.

      And yet you reposted that "troll garbage" and called me out by name? Somebody having an opinion you disagree with doesn't make them a troll. I'd say your obnoxious ad hominems are a lot closer to trolling than anything I've said, 2 years ago, or today. You've demonstrated no understanding of the legal system or due process, and you've demonstrated that you're much happier slinging insults at the people you disagree with than engaging in any rational discussion.

      So remind me again which one of us is supposedly trolling?

    52. Re:Unfair by Rich0 · · Score: 1

      My suggestion wasn't that actual evidence of imminent harm should be required in order to make ANY arrest. My point was that this should be required if the police want to arrest somebody before the investigation is completed. If a thorough investigation suggests that somebody is guilty of a crime, then get an arrest warrant from a grand jury and then take them to court.

      This was in reply to the suggestion that the police generally arrest first and investigate later.

      I realize that you're describing how the system often works, and I don't dispute that. However, the result of this policy is lots of innocent people having their lives ruined merely for being suspected of a crime.

    53. Re:Unfair by EasyTarget · · Score: 1

      "So remind me again which one of us is supposedly trolling?"
      Errr..
      Well, since you asked for it; here is a reminder:
      - Task for Today: Troll as a illiberal jerk.
      - Task for tomorrow: Same as for today.
      .. and repeat ad nauseum until you either grow up, or get a social conscience.

      @cbiltcliffe;
      Really really sorry for calling you a sockpuppet of this idiot!

      --
      "Oops, I always forget the purpose of competition is to divide people into winners and losers." - Hobbes
    54. Re:Unfair by Americano · · Score: 1

      However, the result of this policy is lots of innocent people having their lives ruined merely for being suspected of a crime.

      Okay, specific to this scenario - if this standard results in "lots" of innocent people having their lives disrupted, then surely we can come up with at least a handful of other people who have had their lives disrupted in this same fashion, right? Can you name even one person affected this way aside from this man, who went out of his way (by his own admission) to draw suspicion down on himself? People who have been dragged through a two year long legal ordeal as a result of being victimized by this policy after making perfectly legitimate, completely legal purchases of chemicals?

      The simple fact of the matter here is this: it's an exceptionally unusual case, and it only happened after Mr. Sonne tried to arouse suspicion. His own comments during the trial indicated that he was *surprised* by the severity of the response, because he didn't expect anything more than a visit from the CISC where he could clear up the misunderstanding by telling them he had no illegal intent.

    55. Re:Unfair by Americano · · Score: 1

      Troll as a illiberal jerk

      Well let's see - you're trolling, and attempting to shout down somebody who holds a different opinion from you... I think you just succeeded in doing what you're trying to paint me as having done. That's rich.

      Stay gold, Ponyboy.

    56. Re:Unfair by Rich0 · · Score: 1

      Cases where people have been found innocent after a long period of expense and the destruction of their lives? There are tons of cases of this. Sure, few if any involve people protesting security theater, but lots of people get trampled on in the justice system. I sat on jury duty for one of them - some poor schlep who was held for 30 days in prison after the police botched up a lineup until the DA realized they had the wrong guy.

    57. Re:Unfair by Americano · · Score: 1

      So... two cases equals a ton.

      Got it.

    58. Re:Unfair by Rich0 · · Score: 1

      Go google "man falsely accused" or something.

  2. Could have been worse... by mindwhip · · Score: 4, Interesting

    At least he got a trial.

    --
    [The Universe] has gone offline.
    1. Re:Could have been worse... by Anonymous Coward · · Score: 0

      Don't be silly. Those whom you are thinking of are enjoying a nice "vacation" on a sunny tropical island.

    2. Re:Could have been worse... by girlintraining · · Score: 5, Insightful

      At least he got a trial.

      Yeah. In Canada. Meanwhile, next door...

      --
      #fuckbeta #iamslashdot #dicemustdie
    3. Re:Could have been worse... by dkleinsc · · Score: 5, Insightful

      Oh, don't worry - even the guys in Gitmo get trials. If they're found guilty, they're either executed or locked up forever. If they're found not guilty, they go back into prison until the prosecution finds something else to charge them with. It's completely fair!

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    4. Re:Could have been worse... by MozeeToby · · Score: 5, Insightful

      Either they're civilians or they're POWs either way there are rules that we need to be following. This "they're enemy combatants" is basically a way of saying "they have no rights, not even the ones what we all got together and agreed that everyone has. We will do whatever we want with them; torture, endless imprisonment, sexual and religious humiliation, it doesn't matter because we have declared that the rules don't apply to them. It's bullshit. It's the kind of thing that America (home of the free) is supposed to be better than and it makes me personally ashamed of how my nation is treating human beings.

    5. Re:Could have been worse... by Anonymous Coward · · Score: 0

      Oh, don't worry - even the guys in Gitmo get trials. If they're found guilty, they're either executed or locked up forever. If they're found not guilty, they go back into prison until the prosecution finds something else to charge them with. It's completely fair!

      Yep, imagine what would happen if we had a guy claiming to be a Constitutional law professor run for President.

      He'd call it what it is - completely unconstitutional - and close it down the moment he won.

      Right?

      Umm, not so fast.

      We now have two choices: Gitmo is NOT unconstitutional, or Barack Obama is a demagogue and lying sack of shit.

    6. Re:Could have been worse... by Anonymous Coward · · Score: 1

      Show me where the Geneva convention says that it's ok to torture unlawful combatants or anyone for that matter.

      Governments the world over all agree that only governments have the right to field armies, and take a very low view of anyone who takes up military arms without a uniform and reporting structure tied to civilian authority.

      Of course governments agree that only governments should be allowed to have armies. I'm not sure what that proves except that governments want to stay in power. By your definition anyone in a rebel army would be considered an unlawful combatants and it would therefore be ok to torture them.

    7. Re:Could have been worse... by currently_awake · · Score: 5, Insightful

      Prisoners of War (soldiers) get released at the end of the war, not these guys. Civilians get charged in a civilian court with civilian rules and lawyers, not these guys. If you want to criticize China and Iran for this sort of horror you should avoid doing it yourself.

    8. Re:Could have been worse... by AmiMoJo · · Score: 5, Insightful

      Everyone has human rights. That's why they are called human rights, all humans have them.

      You can call them "unlawful combatants" but they are either civilian criminals or POWs. Not giving them any rights, torturing and treating them as sub human just shames yourselves.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    9. Re:Could have been worse... by MightyYar · · Score: 3, Informative

      We now have two choices: Gitmo is NOT unconstitutional, or Barack Obama is a demagogue and lying sack of shit.

      I can't believe I'm about to defend Barack Obama, but...

      His hands are kind of tied. He's not emperor, you know. Whether he thinks it is constitutional or not has very little bearing on his ability to do anything about it. He's not allowed to move them to the US, and he can't send them to other countries. So what is he supposed to do?

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    10. Re:Could have been worse... by butlerdi · · Score: 2

      There ain't no end to this war.

      --
      "If the King's English was good enough for Jesus, it's good enough for me!" -- "Ma" Ferguson, Governor of Texas (circa
    11. Re:Could have been worse... by Anonymous Coward · · Score: 0

      As commander and chief he could order the US troops guarding the facility to withdraw, and just leave the whole mess for Cuba to clean up. (This is basically the same loophole that lets the President bomb places without a formal declaration of war).

    12. Re:Could have been worse... by mwvdlee · · Score: 5, Insightful

      So what is he supposed to do?

      Transform gitmo into something worthy of human habitation and at least stop treating those who would be released as prisoners.

      It's funny how the US set up gitmo, breaking go knows how many laws, international treaties and human rights, but when it comes to dismantling the place, all of a sudden they can't because of the rules. Actually it's not funny at all.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    13. Re:Could have been worse... by MightyYar · · Score: 1

      It's funny how the US set up gitmo, breaking go knows how many laws, international treaties and human rights, but when it comes to dismantling the place, all of a sudden they can't because of the rules.

      You understand that the same people who set up Gitmo aren't the same people trying to close it, right?

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    14. Re:Could have been worse... by MightyYar · · Score: 1

      Also, give them weapons.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    15. Re:Could have been worse... by Mashiki · · Score: 0, Troll

      Unlawful combatants don't get rights, because unlawful combatants according to the rules of war have no rights. It's not exactly rocket surgery. And it hasn't been rocket surgery for the last 350 years that we've been using it either.

      --
      Om, nomnomnom...
    16. Re:Could have been worse... by Dan541 · · Score: 1

      Yet, he still received a sentence.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    17. Re:Could have been worse... by Anonymous Coward · · Score: 0

      They're PoWs or they're civilians, until a legally competent tribunal concludes that they're unlawful combatants. We've yet to see that tribunal.

    18. Re:Could have been worse... by Anonymous Coward · · Score: 5, Insightful

      “Unlawful combatants” is political speak, an attempt to create a new category that does not exist, so that the government can say that these people have no rights.

      The Geneva Conventions have many different categories: enemy soldiers, enemy civilians, enemy civilians who have taken up weapons, enemy spies, criminals. The categories may not be mutually exclusive, but they are exhaustive. And all of them have rights. Their treatment will vary depending upon their category. But none of them are to be tortured. None of them are to be starved. None of them are to be treated unfairly. All are to receive appropriate medical care. And once the war is over (remember “Mission Accomplished”?), they are not to be detained indefinitely.

      Your own Declaration of Independence affirms that these people have rights, because all people have rights:

      We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, ...

      Emphasis mine. Your Declaration of Independence, and your Constitution, apply not just to US citizens, but to all people, everywhere. Go read your country’s founding documents. They are things of beauty. It is a shame that people like you do not understand the noble ideals that your country was founded upon, and that US citizens do not force their government to uphold those ideals.

    19. Re:Could have been worse... by Anonymous Coward · · Score: 0

      The reason they should get trials is to determine if they are actually unlawful or combatants. Or are soldiers just allowed to go into any country they wish, pull anybody out of their house, and stick them in Gitmo for the rest of their lives?

      dom

    20. Re:Could have been worse... by Anonymous Coward · · Score: 1

      Barack Obama is commander-in-chief and Camp X-Ray is a military prison in Guantanamo Bay, which is a military base.

      He could order the prisoners released.

      Or he could order immediate trials. It has been ten years: if the US government has not collected sufficient evidence to convict these people of crimes by now, it never will. In which case they, like all people accused of crimes, are innocent until proven guilty. So if there is no evidence, let them go.

    21. Re:Could have been worse... by dkleinsc · · Score: 1

      His hands are kind of tied ... He's not allowed to move them to the US, and he can't send them to other countries

      Why not? What law prevents him from granting them a US visa and turning them loose somewhere on US soil? What law prevents him from sending them to another country? The Sixth Amendment to the US Constitution demands that he either try them or let them go. That supercedes any other consideration, especially whether it's politically convenient for him to do so.

      That, along with the completely illegal killing of Anwar Al-Awlaki, and in a second airstrike killing his son (who's sole crime appears to have been being Anwar Al-Awlaki's son) indicates that no, it's not that Obama's hands are tied, it's that Obama is getting exactly what he wants.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    22. Re:Could have been worse... by Anonymous Coward · · Score: 0

      I'm sorry, what now? I was taught my entire life that America is the moral high-ground and we don't stoop to the dirty tricks and legaleese games that we accuse the rest of the world of. In no universe that I am aware of it is morally acceptable to deny ANYONE of the right to a fair and speedy trial where they have the right to face/contest any and all acusers (evidence or people) brought against them. Period. Full stop. I don't care if they are Adolf Frickin Hitler or Charles Manson or Judas What's His Name. Torture and inhumane/degrading treatment IN ANY FORM against ANY PERSON is wrong. Period. Full Stop. You should not have to be a US citizen to enjoy these protections. You should not have to be famous or wealthy or pretty.

      I am fully aware that the world does not currently function this way, and definitely the U.S. has not for as long as I have been aware, but that doesn't make it ok just because it is the status quo. Speak out. Vote whenever you can. Hold the bastards in charge accountable to the extent that you can.

      Until the U.S. gets its act together, I will laugh in the face of anyone who utters the phrases "home of the free" or "moral superiority".

    23. Re:Could have been worse... by Anonymous Coward · · Score: 0

      Yep, imagine what would happen if we had a guy claiming to be a Constitutional law professor run for President.

      He'd call it what it is - completely unconstitutional - and close it down the moment he won.

      Right?

      Umm, not so fast.

      We now have two choices: Gitmo is NOT unconstitutional, or Barack Obama is a demagogue and lying sack of shit.

      Or... the Republicans could wet themselves in fear of the terrrrrists coming to continental US, blocking any attempt to try them in a real court.

      And you could be the lying sack of shit.

    24. Re:Could have been worse... by 0111+1110 · · Score: 1

      http://www.amnestyusa.org/our-work/issues/security-and-human-rights/guantanamo

      Which part of "prisoner of war" do you not understand? There are only two choices. Either you prosecute someone as a criminal with all the same human rights that your own citizens have or you hold them in humane conditions as "prisoners of war" based on widely accepted rules and with the expectation that if you treat your prisoners like animals then you should expect your soldiers to be treated the same by any enemy in the future. As far as torture, sadism, and inhumane conditions, karma is a bitch. Either a government respects human rights or it doesn't. To say that group A is fully human and so has rights but that group B is not fully human and doesn't have any rights is precisely the same position that Nazi Germany took WRT jews. The US gets into more wars than any other country I can think of. You'd think we'd want to be careful about how we treat our prisoners because turnabout is fair play.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    25. Re:Could have been worse... by AvitarX · · Score: 4, Interesting

      Because many of them were grabbed on the say-so of a warlord who they dared to stand up against.

      We established bounties, then took the people accused with no evidence except for the say so of someone that is actually a problem for us, payed a bounty, and took them to gitmo.

      Perhaps I am being bold when i say a satirical article offering 1,000,000 afghan dinars (is that what they use?) for the assassination of Clinton does not make one a terrorist, and yet, the writer of the article ended up in gitmo (it was in response to Clinton's bounty on Osama, and not really much money). This was a man who was trouble for those taking power in the absence of the taliban, and an ally to a democratic afghanistan.

      Many if not most of the people in gitmo are farmers who dared to make an honest living and not submit to warlords, as we deported them indefinitely we paid the warlords for the tip.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    26. Re:Could have been worse... by AvitarX · · Score: 1

      The Declaration of Independence applies to no one. It was written without consensus by the more radical elements of the revolutionaries. The Constitution was the negotiated agreement that was to by followed by the whole country.

      I do agree that the constitution should apply to everyone, but the declaration of independence is a red herring as far as discussing American law (and certainly WRT international law). I personally think the Constitution (the bill of rights anyway, the parts about how the government runs are less relevant) should apply to anywhere the government has a monopoly on power (which certainly includes gitmo).

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    27. Re:Could have been worse... by Culture20 · · Score: 2

      As commander and chief he could order the US troops guarding the facility to withdraw, and just leave the whole mess for Cuba to clean up. (This is basically the same loophole that lets the President bomb places without a formal declaration of war).

      I think I'm missing something. How is that the same loophole? Are the bombers ordered to carry a bomb over enemy territory, then ordered to stop carrying the bomb and return? Oops, gravity took over. Sorry!

    28. Re:Could have been worse... by gmhowell · · Score: 2

      Transform gitmo into something worthy of human habitation

      I wish he would start with Detroit, Baltimore, Birmingham, etc...

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    29. Re:Could have been worse... by sjames · · Score: 5, Informative

      No. In reality, lawful combatants who are captured become POWs and are entitled to one set of rights. Unlawful combatants (aka civilians with guns) who are captured are not entitled to the rights of a POW, but ARE entitled to the rights of a civilian. There is no category that is not entitled to any rights.

      The fact that the U.S. government chooses to ignore those rights brings a mark of shame that will take quite a while to fade.

    30. Re:Could have been worse... by ehiris · · Score: 1

      Are any combatants lawful? What the fuck does that even mean?

    31. Re:Could have been worse... by JimCanuck · · Score: 0


      Doesn't work that way, if your armed, not a part of a state military, and not in full uniform, you are automatically a unlawful combatant the moment you start shooting or blowing things up. You have no right to a legally competent tribunal.

      The US treating them a POW's is the problem, they were not, and every war since all these rules of war were originally agreed upon, they'd have been executed where they were captured, before or after a interrogation but never given any kind of prisoner status none the less.

    32. Re:Could have been worse... by MightyYar · · Score: 1

      Why not? What law prevents him from granting them a US visa and turning them loose somewhere on US soil? What law prevents him from sending them to another country?

      It sucks, but there is indeed such a law.

      The Sixth Amendment to the US Constitution demands that he either try them or let them go. That supercedes any other consideration, especially whether it's politically convenient for him to do so.

      I don't think that is settled at all, and in fact everything I've read seems to imply that it probably doesn't cover non-citizens captured at wartime.

      That, along with the completely illegal killing of Anwar Al-Awlaki,

      Illegal? Maybe not morally justified... but illegal?

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    33. Re:Could have been worse... by IndustrialComplex · · Score: 3, Informative

      The US Constitution does NOT apply to you, me or any 'one' person. The Constitution applies only to the government. It is the set of rules with the government must follow to be considered legitimate.

      It's a mistake that is commonly made, and a dangerous one for people to believe since the document was NEVER intended to be some sort of protection of the people. There are a few affirmations, but the document itself is only a limited list of authorities granted to the government.

      It grants us (the people) nothing. Everything we have, we have had regardless of the Constitution.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    34. Re:Could have been worse... by IndustrialComplex · · Score: 2

      It applies to all people not because of what it says, but because of who the constitution applies to.

      It is only a list of powers granted to the government and a few critical (but incomplete) prohibitions/limitations.

      In otherwords, if it isn't in the Constitution, the US government should NOT be doing it, regardless of the nationality of the person they are 'doing it to'.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    35. Re:Could have been worse... by Strider- · · Score: 1

      Transform gitmo into something worthy of human habitation and at least stop treating those who would be released as prisoners.

      It would help if you actually knew what you're talking about. Unlike you, I have actually been to Gitmo, and have in fact been through the prisons there (They are actually the only prisons I have been inside, ironically). The primary prisons there are carbon copies of a US based maximum security prison, and a US based medium security prison, and there is also a dormitory setup for the low risk detainees. They are in every way treated as any other prisoner in the US would be treated, and based on what I saw with my own eyes, probably better. They aren't locked up 23 hours a day, and the food is actually pretty decent.

      The main problem is they now have a large population on hand that they want to repatriate, but can't due to what is likely to occur to these people if they're sent home to their home countries. There are many people who are known to be of no threat, but if they are sent home their own government is likely to disappear or otherwise mistreat them.

      --
      ...si hoc legere nimium eruditionis habes...
    36. Re:Could have been worse... by jaymemaurice · · Score: 1

      So, are all civil mass murderes unlawful combatants?

      --
      120 characters ought to be enough for anyone
    37. Re:Could have been worse... by AvitarX · · Score: 1

      Well said, thank you.

      Except the fact that the bill of rights exists could be interpreted the exact opposite. One could be argue that we have nothing without the governmentimposing limits on itself (including through the constitution). And, yes I understand that's why some didn't even want to add the bill of rights (as it would imply government could do everything else), of course other founders wanted an elected monarch.

      Either way, if the government does not run a place, I think it could be argued the constitution does not apply. I think ammendment IX is the one most people (on the entire political spectrum) crap all over most, which I think was your point.

      I still get irritated when I read people quote the declaration of independence as somehow relevant to US law, as it really isn't, and was never meant to be. It's a list of gripes.

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    38. Re:Could have been worse... by ryzvonusef · · Score: 1

      (is that what they use?)

      It's called Afghani[1], but AFAIK, the still use US Dollars and Pak Rupees instead.

      [1]:http://en.wikipedia.org/wiki/Afghan_afghani

      --
      I am an ACCA student. Got a query on Accountancy/Finance? Maybe I can help!
    39. Re:Could have been worse... by mwvdlee · · Score: 1

      They are in every way treated as any other prisoner in the US would be treated, and based on what I saw with my own eyes, probably better.

      Would YOU be happy if you were treated like a prisoner if you should not be in prison?
      Those people who they'd like to send to their home countries... you think they'd want to send them home if they were a real threat?
      Though I'm sure many of the people there are indeed evil and deserving of imprisonment, a relatively large number is the innocent victim of false imprisonment and the continued failure of the US to take responsibility for their own mistakes.

      --
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    40. Re:Could have been worse... by Anonymous Coward · · Score: 0

      Humans have shame.

    41. Re:Could have been worse... by HuguesT · · Score: 1

      Yes, there are international laws regarding even wars. Basically if you fight for a country, in any regular army, with a uniform and within a chain of command, you are a lawful combatant.

    42. Re:Could have been worse... by hawkinspeter · · Score: 2

      That definition would apply to an American shooting someone breaking into their house. Are they not allowed a trial?

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    43. Re:Could have been worse... by Anonymous Coward · · Score: 0

      Assuming it will ever fade ; Gitmo is forever IMHO.

    44. Re:Could have been worse... by wrook · · Score: 1

      I'm not normally interested in US politics. I don't see much difference between one party and the next.

      However, "Yes we can" has become "No we can't, but what are we gunna do?" The guy won a Nobel peace prize (... not that it necessarily has much credibility any more ...).

      I'll take your implication that you aren't an Obama fan at face value, but I still get frustrated when I see a comment like this. It's not about which of the two nearly identical parties has their puppet in the White House. It's about *accepting* it.

      What is he supposed to do? I'll tell you. He should quit. There are some things worth taking a stand over. I believe this is one of them. If the president of the USA resigned over this issue, the world would sit up and take notice. Personally, I can accept his failure to be successful on the issue, but only if he seriously does everything that he can.

    45. Re:Could have been worse... by Anonymous Coward · · Score: 0

      the war is not over

    46. Re:Could have been worse... by tehcyder · · Score: 1

      Treaty law from time immemorial though the Geneva convention holds that capured bandits (the tradition term for "unlawful combatants") have no rights at all - shoot them out of hand, torture them for your amusement, whatever.

      Cool, a CIA lawyer posting on slashdot.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    47. Re:Could have been worse... by tehcyder · · Score: 1

      Doesn't work that way, if your armed, not a part of a state military, and not in full uniform, you are automatically a unlawful combatant the moment you start shooting or blowing things up. You have no right to a legally competent tribunal.

      So the Gestapo were quite within their rights to torture and execute members of the French Resistance? Or, in fact, any civilians who might have helped them, since presumably aiding and abetting an unlawful combatant is the same as being an unlawful combatant yourself?

      Arsehole.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    48. Re:Could have been worse... by Anonymous Coward · · Score: 0

      To say that group A is fully human and so has rights but that group B is not fully human and doesn't have any rights is precisely the same position that Nazi Germany took WRT jews.

      it's also the same position that the US as a whole, and a significant number of States took WRT black people for decades. In the 20th century.

    49. Re:Could have been worse... by tehcyder · · Score: 1

      Yes, there are international laws regarding even wars. Basically if you fight for a country, in any regular army, with a uniform and within a chain of command, you are a lawful combatant.

      How about if you illegally invade a sovereign country out of a feeling of hurt pride, murder tens of thousands of civilians and install your own puppet government which you then use to provide corrupt business deals with your cronies?

      Oh yeah, "defenders of freedom" isn't it?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    50. Re:Could have been worse... by MightyYar · · Score: 1

      I agree with you completely - the two US parties differ only on some almost meaningless "wedge issues" and otherwise are nearly identical in practice.

      He should quit. There are some things worth taking a stand over. I believe this is one of them.

      I disagree. I've never thought that Guantanamo was a really big deal. Just like the "wedge issues", it inflames passions and represents the crushing of a cherished ideal. Also like a wedge issue, it makes very little difference to the state of the union what happens at Guantanamo. I think it should be closed, but on the list of national priorities, it is very low. Should Obama resign in protest, I would have to seriously question his judgement. In my mind it would be like resigning over the issue of abortion or gay marriage.

      I can understand the point of view that Guantanamo hurts the interests of the US overseas, but in a world where China is so quickly gaining reputation, power, and prestige despite their atrocious treatment of human rights, I have to respectfully disagree on the significance of it's impact.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    51. Re:Could have been worse... by tehcyder · · Score: 1

      Yes, because Obama has absolute, unlimited power. There is no history, no political power conflicts, no legal issues, nothing at all to stop him from doing exactly what he wants.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    52. Re:Could have been worse... by tehcyder · · Score: 1

      As commander and chief he could order the US troops guarding the facility to withdraw, and just leave the whole mess for Cuba to clean up. (This is basically the same loophole that lets the President bomb places without a formal declaration of war).

      He wasn't elected President so he could act like a four year old who's had his ball taken away from him.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    53. Re:Could have been worse... by tehcyder · · Score: 1

      Unlike you, I have actually been to Gitmo, and have in fact been through the prisons there (They are actually the only prisons I have been inside, ironically). The primary prisons there are carbon copies of a US based maximum security prison, and a US based medium security prison, and there is also a dormitory setup for the low risk detainees. They are in every way treated as any other prisoner in the US would be treated, and based on what I saw with my own eyes, probably better. They aren't locked up 23 hours a day, and the food is actually pretty decent.

      Oh, well that's OK then. I don't know what all the fuss was about. Your anecdote has changed the way I look at the world, as you can't argue with evidence like that.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    54. Re:Could have been worse... by Anonymous Coward · · Score: 0

      Doesn't work that way, if your armed, not a part of a state military, and not in full uniform, you are automatically a unlawful combatant the moment you start shooting or blowing things up. You have no right to a legally competent tribunal.

      Unlawful combatants do not qualify for prisoner of war status. Their situatio n upon capture by the enemy is covered by the Fourth (Civilian) Geneva Convention if they fulfil the nationality criteria and by the relevant provisions of the Additional Protocol I, if ratified by the detaining power.

      [...]

      Persons not covered by either the Third or the Fourth Geneva Convention in international armed conflict are entitled to the fundamental guarantees provided for by customary international law (as reflected in Article 75 of Additional Protocol I), as well as by applicable domestic and human rights law. All these legal sources provide for rights of detainees in relation to treatment, conditions and due process of law.

      ICRC

    55. Re:Could have been worse... by Anonymous Coward · · Score: 0

      He promised to shut Guantanamo Bay down in just a few months if he became president. Did he even apologize for not following up on this promise ?

      At least publically, I have seen very little attempt by the Obama administration to really solve this issue. Seems to me all talk and not even a real attempt to do something.

    56. Re:Could have been worse... by MightyYar · · Score: 2

      Did he even apologize for not following up on this promise ?

      A politician apologize??? LOL! It's not even a sex scandal.

      But in all seriousness - he made a big deal about the fact that congress tied his hands when he signed the bill. Not an apology, just a big stink. Here is the text from the press conference:

      Ann Compton: Mr. President, what does it say about the status of Americans’ system of justice when so many of those who are thought to be plotters for September 11th or accused of — suspected terrorists — are still awaiting any kind of trial? Why are you still convinced that a civilian trial is correct for Khalid Sheikh Mohammed? And why has that stalled? And will Guantánamo remain open for another year?

      President Obama: Well, you know, we have succeeded on delivering a lot of campaign promises that we made. One where we’ve fallen short is closing Guantánamo. I wanted to close it sooner. We have missed that deadline. It’s not for lack of trying. It’s because the politics of it are difficult.

      Now, I am absolutely convinced that the American justice system is strong enough that we should be able to convict people who murdered innocent Americans, who carried out terrorist attacks against us. We should be able to lock them up and make sure that they don’t see the light of day.

      We can do that. We’ve done it before. We’ve got people who engaged in terrorist attacks who are in our prisons — maximum-security prisons all across the country. But, you know, this is an issue that has generated a lot of political rhetoric. And people — understandably, you know — are fearful.

      But one of the things that I think is worth reflecting on after 9/11 is, you know, this country is so resilient; we are so tough. We can’t be frightened by a handful of people who are trying to do us harm, especially when we’ve captured them and we’ve got the goods on them.

      So, you know, I’ve also said that there are going to be circumstances where a military tribunal may be appropriate. And the reason for that is — and I’ll just give a specific example. There may be situations in which somebody was captured in theater, is now in Guantánamo; it’s very hard to piece together a chain of evidence that would meet some of the evidentiary standards that would be required in an Article III court, but we know that this person is guilty. There’s sufficient evidence to bring about a conviction. So what I’ve said is, you know, the military commission system that we set up, where appropriate, for certain individuals that it would be difficult to try in Article III courts, for a range of reasons, we can reform that system so that it meets the highest standards of due process and prosecute them there.

      And so I’m prepared to work with Democrats and Republicans, and we, over the course of the last year, have been in constant conversations with them about setting up a sensible system in which we are prosecuting, where appropriate, those in Article III courts; we are prosecuting others, where appropriate, through a military tribunal. And in either case, let’s put them in prisons, where our track record is, they’ve never escaped.

      And by the way, just from a purely fiscal point of view, the costs of holding folks in Guantánamo is massively higher than it is holding them in a supermax maximum security prison here in the United States.

      Ann Compton: Is that all for Khalid Sheikh Mohammed? Will that trial ever happen?

      President Obama: Well, I think it needs to happen. And we’re going to work with members of Congress — and this is going to have to be on a bipartisan basis — to move this forward in a way that is consistent with our standards of due process, consistent with our Constitution, consistent also with our image in the world of a country that cares

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    57. Re:Could have been worse... by Rich0 · · Score: 1

      Unlawful combatants (aka civilians with guns) who are captured are not entitled to the rights of a POW, but ARE entitled to the rights of a civilian.

      Citation? That is, a citation to some treaty to which the US is a party, or some law binding on the US military?

      Foreign civilians on foreign soil have no rights under US law, at least not as far as I can tell. Principles of international law do of course encourage armies to avoid unnecessary harm to non-combatants, but we aren't talking about non-combatants here.

      I'm a proponent of closing Gitmo for sure, but the whole reason the situation we're in actually exists is because the US isn't doing what armies have historically done - execute non-uniformed combatants on the spot.

    58. Re:Could have been worse... by Rich0 · · Score: 1

      For those who are civilians who did not engage in direct combat against military forces abroad I'd tend to agree with you - they should be arrested and treated as criminals.

      For anybody who actually engaged in direct combat/sabotage against the US military, they should be classified as spies. I don't favor indefinite incarceration - probably better to either consider the problems ancient history and cut them loose, or just execute them. Historically execution was the method of choice, but it was typically administered on the spot (catch some guy planting a bomb near your camp not wearing a uniform, you bring them to the officer in charge, they get what intelligence they can out of the guy, and then shoot them (in more ancient times the head might go on a pike).

      This status should not be given to anybody arrested in a non-combat situation, or to anybody arrested in a nation the US is not at war with, including anybody captured on US soil. These are criminals, and should be handled under criminal law no matter how inconvenient.

    59. Re:Could have been worse... by Rich0 · · Score: 1

      Everyone has human rights. That's why they are called human rights, all humans have them.

      True, but I've never seen the US agree that people engaging in combat against soldiers have a right to not be shot by those soldiers.

      You can call them "unlawful combatants" but they are either civilian criminals or POWs. Not giving them any rights, torturing and treating them as sub human just shames yourselves.

      The US military deployed abroad is generally not subject to any non-US law beyond treaties to which the US is a party. That's why we call it the military - their job is to generally make a mess out of other countries (and I'm a big fan of using it a lot less often as a result). If people interfere with them then the US is under treaty obligation to afford those people certain rights if they are wearing a uniform. If they aren't, then the US has no legal obligation to afford them any rights at all. Non-combatants are protected where practical under both treaty obligations and general policy.

      If that makes people less willing to host the US army so be it - people shouldn't be all that happy about having foreign armies present, and I'm not a big fan of having the US army deployed in places where they aren't actually busy shooting people (and hence the local opinion of their presence isn't of much worth anyway), and I'm also not a fan of having the army shoot people who haven't been shooting at us either. War is hell, and trying to make it less so ultimately just makes it more so.

      Now, a lot of people in Gitmo aren't combatants captured on a battlefield at all, and I completely disagree with keeping these sorts of people there. They are criminals and should be charged as such.

    60. Re:Could have been worse... by JimCanuck · · Score: 1

      So the Gestapo were quite within their rights to torture and execute members of the French Resistance? Or, in fact, any civilians who might have helped them, since presumably aiding and abetting an unlawful combatant is the same as being an unlawful combatant yourself? Arsehole.

      You should learn to be more polite, after all you don't know me, or the fact I have family who fought in the Greek Resistance against the Germans, and family who helped them. And regardless if they were fighting or were too old to fight, a number of them were executed as unlawful combatants by the German forces as they occupied Greece.

      Just because I agree with the idea that a unlawful combatant has no rights based on international rule of law, and the precedence of what has happened in wars, doesn't mean its not because I don't have a personal connection to it.

    61. Re:Could have been worse... by JimCanuck · · Score: 1

      The Hugue Convention of 1907 defines who is a legal and not a legal combatant.

      The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps, fulfilling the following conditions:
      To be commanded by a person responsible for his subordinates;
      To have a fixed distinctive emblem recognizable at a distance;
      To carry arms openly; and
      To conduct their operations in accordance with the laws and customs of war.
      In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination "army."

      Insurgents typically (while doing a operation anyways, when parading around they are fine with showing off), do not wear a fixed distinctive emblem recognizable at a distance, nor do they carry their weapons openly, nor do they conduct operations in accordance to the laws and customs of war.

      Which means they become a non-belligerent, which have no right to POW status. The Geneva Protocols are in addition to this, but do not supersede this, as they are Protocols attached to this convention.

    62. Re:Could have been worse... by dkleinsc · · Score: 1

      Illegal? Maybe not morally justified... but illegal?

      Heck yes, illegal, violating several of the highest laws of the land:
      Fifth Amendment: "No person shall be ... deprived of life, liberty, or property, without due process of law"
            All reasonable interpretations make an American citizen, as Al-awlaki was, a "person" under this amendment, killing him was obviously depriving him of life, and no due process was involved.
      Article 3, Section 2: "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;"
            Regardless of Eric Holder's claims to the contrary, the only due process allowed under the Constitution involves the judiciary.
      Sixth Amendment: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."
            None of that happened.

      The legal ways for the US government to kill a citizen are:
      1. Convict him of a crime for which the death penalty is a possible sentence, sentence him to death, and carry out the sentence. That didn't happen.
      2. Respond to his deadly force against those trying to arrest him with deadly force. That didn't happen either.
      3. Kill him in the middle of an active military battle. This is really a subset of the second case, as he always has the option of surrender during battle. That didn't happen either - he never fired a shot at the cruise missile headed towards him.
      That's it. Nothing else justifies the use of deadly force against an American citizen.

      If the Obama administration wanted to deal with Al-awlaki, here was the legal way to do it:
      1. Present evidence to a grand jury sufficient to obtain an indictment.
      2. Issue a warrant for his arrest.
      3. Work with the Yemeni authorities (who have good relations with the US) to arrest him and extradite him to the US for trial. If he shoots at whoever's doing the arrest, then you can shoot back.
      4. Put him through a standard civilian trial, and if convicted, punish him.

      Here's what actually happened:
      1. The CIA presented secret evidence to the president regarding why Al-awlaki was a Bad Man who should be killed immediately.
      2. The president ordered a drone attack on Al-awlaki, who is promptly blown to smithereens with no chance of knowing what he was accused of or what the evidence was against him.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    63. Re:Could have been worse... by MightyYar · · Score: 1

      If the Obama administration wanted to deal with Al-awlaki, here was the legal way to do it:
      1. Present evidence to a grand jury sufficient to obtain an indictment.
      2. Issue a warrant for his arrest.
      3. Work with the Yemeni authorities (who have good relations with the US) to arrest him and extradite him to the US for trial. If he shoots at whoever's doing the arrest, then you can shoot back.
      4. Put him through a standard civilian trial, and if convicted, punish him.

      That is the preferred way to do things, but the part of Yemen he was in is not under the control of the friendly (to the US) part of the Yemeni government. He was even charged, tried, and convicted in Yemen but the Yemeni government could not get him. Your scenario was not possible.

      Also, the idea that he had no idea that the US was after him or what the charges against him were is laughable - he was an active belligerent, even posting videos on the internet where he called for people to go out and kill Americans. He was banished from the US. He was listed by the UN as a terrorist. His parents were even trying to get him removed from the kill list years prior to his death, and he survived a prior attempt on his life.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    64. Re:Could have been worse... by lgw · · Score: 1

      Sorry, you just have the facts wrong here. There are 3-400 years of treaty law on this (someone quoted a 20th centuy treaty upthread that is relevent). Sory if you don't like it, but that's probably because yo don't understand the background. Fighting against an army while hiding amoung civilians is a pretty evil thing to do - it's morally similar to strapping children to the outside of your tanks as a disincentive for the enemy to shoot at them.

      The rules of war do a lot to protect civilians, and the only possibile incentive you can offer the folks you're fighting a war against is to follow those rules if they do, but if they dont there must be some consequence or the whole system falls apart.

      You probably imagine that everyone should just be nice to everyone else all the time? Hooray for nice! But nice is over long before wars begin.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    65. Re:Could have been worse... by lgw · · Score: 1

      Of coure you were modded +5 insiteful because you're parroting somehting pleasant, and I get -1 Troll becuase the truth is unpleastant, but that doesn't chnage the facts. In centuries of tradition, bandity and piracy (the real kind) are held as the most despicable acts, placing one outside all civilizaiton and the protections thereof.

      But then, the Left seems to be constantly ashamed of the US regardless of what we do, so it's not like it matters.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    66. Re:Could have been worse... by lgw · · Score: 1

      What the hell is wrong with people that they can't apply rationality to the important things?

      Look, just because your government is being a dick has little to do with whether a soldier is following the laws of war. Most soldiers throughout history were conscripts, and had little coice in where or whether they fought, but made important moral choices in how they fought. Those choices matter deeply. If you fight while hiding amoung civilians, you are the cause of much needless civilian death, and I have little sympathy for you - nor should anyone else have.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    67. Re:Could have been worse... by lgw · · Score: 1

      You can call them "unlawful combatants" but they are either civilian criminals or POWs.

      I'm sorry, but you're simply factually incorrect. Centuries of treaties, treaties designed to recude needless civilian casualties and the horrors of war, don't see thing the simple way you do. Can you set aside your intellectual arrogance for just a moment and consider that maybe the issue is more complicated than is seems at first glance?

      --
      Socialism: a lie told by totalitarians and believed by fools.
    68. Re:Could have been worse... by sjames · · Score: 1

      Sorry, I posted the actual law and nioted that in reality it is being ignored. If that chaps your hide, I can't help you.

    69. Re:Could have been worse... by sjames · · Score: 1

      What flag flies at Gitmo? If you said the U.S. flag, you are correct. What government is the U.S. military connected to? If you said the government of the United Stated of America, you are correct.

      Now, what is the foundation document that grants the U.S. government existence? If you said the United States Constitution, you are correct again.

      THAT document says they have rights and demands that no part of the U.S. government shall violate those rights. The rights are not restricted to U,S. citizens nor to U.S. territory. It's restrictions are binding on our government no matter where it is acting. It contains no unlawful combatant exception.

    70. Re:Could have been worse... by lgw · · Score: 1

      I saw where you posted your ill-informed opinion. Did you post some actual law somewhere else, perhaps on another thread?

      There's a very good reason that the centuries of treaty law that defines the laws of warfare give short shrift to unlawful combatants. But I'm sure you've thought about it for all of 30 seconds, and since you see a problem the experts involved with all of that law over those cunturies must simply be all be idiots. Or possibly the issue is deeper than it appears. One of those, anyhow.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    71. Re:Could have been worse... by sjames · · Score: 1

      Treaties are irrelevant here, the U.S. government is constrained by the Constitution of the United States. That document grants rights to all people and has no unlawful combatant exception. Treaties callot grant exceptions to the Constitution

      You must have been asleep that day in civics.

    72. Re:Could have been worse... by dkleinsc · · Score: 1

      That is the preferred way to do things, but the part of Yemen he was in is not under the control of the friendly (to the US) part of the Yemeni government. He was even charged, tried, and convicted in Yemen but the Yemeni government could not get him. Your scenario was not possible.

      Yes it was:
      1. Yemeni government to US embassy: "We've convicted this man of terrorism charges in absentia, but our forces can't bring him in."
      2. US embassy: "We'll see what we can do."
      3. President Obama: "Send in Seal Team 6 with a mission to apprehend the target if at all possible, kill if necessary."
      He doesn't even have to worry about Seal Team 6 getting trapped in semi-hostile territory like he did with the Pakistan raid.

      The key difference between that scenario and what actually happened is that it gives Al-Awlaki the option to surrender and (attempt to) refute the charges against him in a court of law. You're right about one thing: his father did try to get him removed from the kill list using the legal process. The courts refused to consider the case because his father lacked standing to sue, requiring that Al-Awlaki travel to the US to contest the kill order, which would mean he would be shot on sight.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    73. Re:Could have been worse... by MightyYar · · Score: 1

      I'm glad they didn't risk the lives of a Seal team to give a guy who was on the kill list for 2 years that one last chance to surrender. He had plenty of chances. If he wanted his day in court, he shouldn't have run from justice for so long...you're hanging your hat on the wrong guy here. The US has a much larger black eye from Guantanamo than from Al-Awlaki.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    74. Re:Could have been worse... by lgw · · Score: 1

      Strange, I thought the constitution limited the rights of the government, not granted rights to the people. And I'm pretty sure that (much as the recent administrations seem confused by this), US law doesn't apply to foreign nationals on foreign soil.

      But you seem to be just waving away the fundamental issue here: the laws of warfare that come from those treaties do a great deal to make war less brutal than it might be, especially for civilians. But the deal is "you act like a civilized nation, and we'll act like a civilized nation, but cross the line and you'll have to live with the consequences". You seem to think that everyone will just be nice in a war if there are no consequences for fialing to follow the laws of war. That's quite an odd position to take.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    75. Re:Could have been worse... by sjames · · Score: 1

      The Constitution DOES restrict the government (and so protects our rights), but here's the key. Those restrictions on the government apply wherever it may act. Beyond that, Gitmo IS U.S. soil. The U.S. flag flies there. You simply can''t get around that.

      The consequence of ignoring the rules of war is that the combatants (who are indeed illegal) are not POWs. In other words, the consequence is that they can be individually and personally prosecuted for criminal acts as civilians. If convicted, that means they remain in jail when hostilities end and the POWs go home. Unlike POWs, they are actually being punished individually for their acts. We have rules for how that prosecution and conviction is to be done by the U.S. government. Those rules include respecting a number of rights, some of which are enumerated in the Bill of Rights.

      There are many good reasons we keep military power and police and courts separate in the U.S. Making that wall permeable threatens all civilians including U.S. citizens.

      Note that since the Constitution is the one and only legal document that grants legitimacy to the U.S. government, if it ignores the Constitution it loses legitimacy and becomes an occupying force. I don't think we want that.

    76. Re:Could have been worse... by Rich0 · · Score: 1

      THAT document says they have rights and demands that no part of the U.S. government shall violate those rights.

      Where, exactly?

      The last time I checked soldiers don't attempt to arrest enemy LAWFUL combatants (let alone unlawful ones) and hold trials for them - they shoot them. Armies run by the people who wrote the constitution operated no differently, so somehow I doubt they felt that the kinds of absolute rights you are getting at existed.

      Also, the formal distinctions between lawful and unlawful combatants date back to the Geneva conventions which are more recent than the constitution. Granted, they're based on practices which are much older.

    77. Re:Could have been worse... by sjames · · Score: 1

      Since the Geneva convention cannot override the Constitution, it hardly matters when it created a distinction.

      Are you claiming prisoners of war do not exist?

      Armies run by the people who wrote the Constitution didn't grab civilians from their home country and imprison them in the U.S. at all.

      The closest we have to the current situation is spies. Those were given trials with due process.

    78. Re:Could have been worse... by Rich0 · · Score: 1

      Uh, care to cite any examples of spies caught on a battlefield in that era who were given trials with due process, a jury of peers, and the rest of the bill of rights?

    79. Re:Could have been worse... by sjames · · Score: 1

      Spies are caught behind the lines, of course. For example.

    80. Re:Could have been worse... by Rich0 · · Score: 1

      Interesting that he was not permitted a trial by jury... In fact, I don't see anything about a trial at all - just a resolution passed by a legislative body.

      I think that's the whole point here. I imagine most of the folks in Gitmo have had some kind of hearing. The issue is that they have not had public criminal trials before a jury of their "peers."

    81. Re:Could have been worse... by sjames · · Score: 1

      You're reading very carefully to avoid noticing that he received TWO trials, both of which found him guilty, and that one of those included a unanimous guilty vote by his peers, all before the modern procedures were properly written out.

    82. Re:Could have been worse... by Rich0 · · Score: 1

      The first was a court martial. I guess you could consider a bunch of officers his peers, but that really isn't what most people consider a criminal trial.

      It also isn't terribly helpful, since my understanding is that those jailed in gitmo have actually had military hearings to determine their status. I'm not sure that I agree with their decisions in most cases, but they've had due process of some sort.

      Honestly, I think the whole "due process" thing is pretty weak in general. Suppose I pass a law saying that anybody I decide I don't like should be ground up on a meat grinder, after a trial in which I look at them and confirm that I don't like them. That's process, but hardly justice. We've come up with a system that generally substitutes the former for the latter.

    83. Re:Could have been worse... by sjames · · Score: 1

      Dr. Benjamin Church (August 24, 1734–1778) was effectively the first Surgeon General of the U.S. Army, serving as the "Chief Physician & Director General" of the Medical Service of the Continental Army from July 27, 1775 to October 17, 1775. He was also active in Boston's Sons of Liberty movement in the years before the war. However, early in the American Revolution Church was also sending secret information to General Thomas Gage, the British commander, and when one of his letters into Boston was intercepted, he was tried and convicted of "communicating with the enemy".

      By what tortured logic do you avoid considering "a bunch of officers" his peers? They are at least as much his peers as 12 random strangers who couldn't get out of jury duty are. Then he got another hearing before the Provincial Congress. Before you make a similarly desperate attempt to torture logic, I'll go ahead and quote a bit that will establish the delegates to the congress to be his peers:

      In 1774, Church was elected a delegate to the Massachusetts Provincial Congress and later made a member of its Committee of Safety,

      So not only did he get a jury of his peers, everyone involved was his peer.

      It also isn't terribly helpful, since my understanding is that those jailed in gitmo have actually had military hearings to determine their status. I'm not sure that I agree with their decisions in most cases, but they've had due process of some sort.

      According to the Supreme Court, those military hearings were not held before a competant tribunal

      In that same section of text you'll see that they are affirmed by SCOTUS to have Constitutional rights.

      As for process, we have a lot of process, but it is not due process. In order to correct that, we must first cease looking for every threadbare excuse for not granting due process. That includes not piling sophistry upon sophistry to find some poor excuse to claim some group of people (such as gitmo detainees) or another are not entitled to rights. Likewise, we must cease attempts to dignify every perfunctory process as fulfilling the requirements of due process.

    84. Re:Could have been worse... by Rich0 · · Score: 1

      By what tortured logic do you avoid considering "a bunch of officers" his peers? They are at least as much his peers as 12 random strangers who couldn't get out of jury duty are. Then he got another hearing before the Provincial Congress. Before you make a similarly desperate attempt to torture logic, I'll go ahead and quote a bit that will establish the delegates to the congress to be his peers:

      Great, then I suppose you're happy that all those people in Gitmo have had hearings to confirm their status in front of a group of their peers - a bunch of military lawyers I would assume.

      In that same section of text you'll see that they are affirmed by SCOTUS to have Constitutional rights.

      Not sure where you're getting that. I see where a Washington judge ruled that, not where the SCOTUS ruled that. They did rule that he did not receive a proper tribunal, and was to be afforded rights under the Geneva conventions. They did not rule that they were to be given POW status. In any case, the Constitution certainly does give the SCOTUS jurisdiction over matters in which the US finds itself entangled abroad, and the executive should follow it.

      Honestly, I think that granting POW status to non-uniformed combatants is a big mistake. Why would any army wear a uniform under such circumstances? US soldiers would do far better to disguise themselves as natives, using difficult-to-observe IFF devices to coordinate with each other, and then mount guerrilla operations - basically turn "peacekeeping" operations into one big CIA operation. Of course, if the US did that their soldiers would be treated as spies, since nobody else is going to grant POW status to non-uniformed soldiers. In fact, in places like Afghanistan even being a uniformed soldier does not make it likely that you will receive the full protections of the Geneva Convention - you're just as likely to end up being beheaded on TV.

      The US shouldn't be wasting its time in places like Afghanistan in the first place, but if you're going to engage in warfare in a place like that, you can't let yourself get dragged into asymmetric warfare, and you certainly can't coddle those who try. The only thing armies are really good at is killing lots of people, so if doing that is the right thing, then do it, and if not, quit mucking around. I think that precision weapons have created some kind of illusion that you can fight a surgical war. A GPS can let a 500lb bomb do the job that it used to take 50x 2000lb bombs to do, but it isn't going to result in fewer people dying on the ground. People fight on until they've had enough relatives die - I've never seen a war end differently. If the cause doesn't seem to justify that, then find a better way to settle things.

    85. Re:Could have been worse... by sjames · · Score: 1

      Great, then I suppose you're happy that all those people in Gitmo have had hearings to confirm their status in front of a group of their peers - a bunch of military lawyers I would assume.

      Absolutely not, they were NOT the prisoner's peers in any meaningful way. Further, quoting from the link:

      On June 29, 2006, the Supreme Court of the United States reversed the ruling of the Court of Appeals and found that President Bush did not have authority to set up the war crimes tribunals and that the commissions were illegal under both military justice law and the Geneva Convention.

      On June 12, 2008, the United States Supreme Court ruled in Boumediene v. Bush that the Guantánamo captives were entitled to the protection of the United States Constitution.

      I never suggested that they SHOULD have POW status. I argued that they have the same rights to due process as any civilian. I did argue that the only alternative to a civilian trial with civilian rights would be to call them POWs.

      So, if they receive their speedy trial (a bit late for that now) in a U.S. court with competent legal counsel, all is well. There IS a Constitutional and ethical way to move forward.

      If we cannot accomplish our objective in Afghanistan without resorting to illegal and unethical tactics, we must consider the great likelihood that the goal itself is unethical or that military action is not an ethical way to accomplish the goal.

      You may or may not care about the rights of people from places like Afghanistan, but this sort of thing is a process of moral decay. In just a decade we have gotten to the point with the NDAA where we actually start thinking about giving American citizens living in America the same treatment just because the President says so. Just one decade. Even in the midst of the red scare that was unthinkable. It was the sort of thing only the bad guys would do (it still is!).

  3. How does it work in this case? by Anonymous Coward · · Score: 1

    do they pay you back for time served? do you get a rain check?

    1. Re:How does it work in this case? by sgrover · · Score: 5, Interesting

      Worse yet. They destroyed his life as he knew it. He lost his house, job, and wife on top of 2 years of unfounded persecution. Yes, persecution.

      If you read the reports of the court proceedings (https://github.com/colah/ByronTrialNotes) it is very alarming how technologically inept the authorities were in this case and how they ignored Occam's Razor to nail this guy. And these are the people that judge and impose laws on us techies. EXTREMELY worrying.

    2. Re:How does it work in this case? by Stoutlimb · · Score: 5, Funny

      The court found he was not trying to bomb the government. After 11 months in jail for no reason, he certainly has the motive to do it now.

    3. Re:How does it work in this case? by Lumpy · · Score: 4, Interesting

      The legal system is a street gang. They are allowed to run rampant, and when they "accidentally" do this to an innocent person they are not liable for anything at all.

      The Legal system should be required to pay for 2X the actual damages caused for every innocent person railroaded. Sat in jail for 3 years and lost your job? If you made $50K a year, you get $100K for every year you would have had that job. so call it a cool $20 million that is tax free and call it fair.

      On top of this, law enforcement found to have been overzealous lose their jobs and are personally liable. Cops need to be afraid of making a mistake.

      --
      Do not look at laser with remaining good eye.
    4. Re:How does it work in this case? by Rakishi · · Score: 5, Insightful

      The prosecutors weren't inept. They knew exactly what they were doing and have managed to pull it off brilliantly.

      They wanted to make an example of him and scare anyone else from even thinking about talking against the government.

      They didn't need to win, they just needed to drag things out and hurt the guy as much as possible. The more inept the acted the better off they could do that.

    5. Re:How does it work in this case? by betterunixthanunix · · Score: 2, Interesting

      these are the people that judge and impose laws on us techies

      You are not "supposed" to be a techie; you are "supposed" to do technical work at your job, then go home, drink beer, and watch whatever propaganda is on TV. Advanced technology is "supposed" to be the secret, non-disclosable lore of corporations, not something you just play with in your home.

      What, did you not get the memo?

      --
      Palm trees and 8
    6. Re:How does it work in this case? by arth1 · · Score: 5, Funny

      it is very alarming how technologically inept the authorities were in this case and how they ignored Occam's Razor to nail this guy.

      Well, duh, Occam's Razor was banned along with nail clippers and shaving cream exceeding 100 ml.

      And these are the people that judge and impose laws on us techies.

      Hopefully those who impose laws and those who judge are two separate branches of government, even in Canada.

    7. Re:How does it work in this case? by betterunixthanunix · · Score: 1

      And these are the people that judge and impose laws on us techies.

      Hopefully those who impose laws and those who judge are two separate branches of government, even in Canada.

      The problem is that both law enforcement and judges are (a) technically incompetent and (b) tend to side with corporate interests when it comes to technology.

      --
      Palm trees and 8
    8. Re:How does it work in this case? by MartinSchou · · Score: 4, Interesting

      I sort of agree and sort of disagree.

      Should the police be afraid of making mistakes? Depends on the mistake.

      If they cause grievous harm to someone - yes, that they should be afraid of. Arresting someone who is innocent or is later found not guilty - no.

      The prosecutors, however, should be held to a much higher standard, as they are the ones who are ultimately responsible. I.e. if they don't feel a case is strong enough, they'll have to release the suspect.

      And in cases like this, where someone is found not guilty after having spent 11 months in jail, I wouldn't mind seeing the prosecutor responsible spend, say half that time behind bars for contempt of court or something. No regular income etc. (i.e. they don't get to simply sit in a cell and collect an income from the state).

      Not in every single case, but if it could be codified in a reasonable way, it would certainly make railroading a lot less interesting for the prosecution. I mean - it's one thing to lose a case, but losing a case AND having to spend time in jail? Very unlikely that prosecutors will be willing to risk that simply because of political pressure.

    9. Re:How does it work in this case? by Anonymous Coward · · Score: 5, Informative

      The first thing Sonna said after how happy he is to be free, is that he's going to keep doing the same sorts of things that got him in trouble. And he's also suing the government. It doesn't sound to me like the prosecutors were particularly brilliant in their making an example of him.

    10. Re:How does it work in this case? by Rakishi · · Score: 2

      Your logic is weak. They don't care about him or what he'll do. Look what every single article about this says: the guys life was destroyed. That was the message, "You mess with us and we'll destroy your life, enjoy picking up the pieces."

      That is the message they sent to all the other people who may have considered talking out against the government. "Do so at your own peril, this is not a free society, step out of line and we'll bash your knees in."

      Maybe he'll win some money or maybe he won't but the fear has been spread. Most people won't wish to spend 2+ years in hell (or worse, the government will learn from this) and losing everything they value (especially if they have kids).

    11. Re:How does it work in this case? by KhabaLox · · Score: 5, Insightful

      it would certainly make railroading a lot less interesting for the prosecution

      I think you would find just the opposite. If the prosecutor faced jail time for losing a case, he or she would probably go to more extreme lengths to insure a conviction.

      --
      Ceci n'est pas un sig.
    12. Re:How does it work in this case? by Anonymous Coward · · Score: 1

      It doesn't sound to me like the prosecutors were particularly brilliant in their making an example of him.

      Why not? Even if Sonna prevails in civil court, the prosecutors won't be personally liable.

    13. Re:How does it work in this case? by Pope · · Score: 1, Interesting

      He poked the cage, repeatedly, and finally got bit. Is this surprising to anyone, let alone Sonne himself? It's what he wanted all along, to prove himself right.

      --
      It doesn't mean much now, it's built for the future.
    14. Re:How does it work in this case? by Anonymous Coward · · Score: 0

      Sorry to say but for people who spend 20 years in death row neither the police or prosecutor ever get even a slap on the hand. Welcome to reality.

      This guy to me got lucky he is not spending the next 10 years plus waiting for a court date. I am sure as the years continue things like will happen more and more and become even more of the norm.

    15. Re:How does it work in this case? by Anonymous Coward · · Score: 0, Informative

      Your logic is weak. There's just as good of a chance that people will see this and think "The government is going too far, and I need to do help fight this." The type of people who see this and think "Well, I don't want *that* to happen to me, so I'll let the government do whatever it wants." are the kind of people who only would have joined in after the real difference-makers had done their job anyway. The people who really are willing to fight for change will see Sonne as an inspiration, especially because he's continuing the fight.

    16. Re:How does it work in this case? by Lost+Race · · Score: 3, Interesting

      No, they did not succeed according to plan. They wanted to scare him into pleading guilty and going to prison, and they failed. It's pretty clear that the prosecution never expected this case to go to trial, and once it did they had no idea what to do with it. Even though he lost two years and much of his life, the prosecution lost too. The message that people will hear from this story is not "act up and you'll get crushed by the legal system"; rather it's "what this guy did was perfectly legal and OK."

    17. Re:How does it work in this case? by MozeeToby · · Score: 4, Insightful

      Poking the cage is not illegal. Pissing off those in power should not land you in prison for 2 years. His behavior is not smart and the outcome might be predictable, but that does not make the outcome right.

    18. Re:How does it work in this case? by Anonymous Coward · · Score: 0

      Why is it the prosecutor that is responsible? Isn't it there job to prosecute?

      It seems to me that it it the judge that is ultimately responsible for a fair, reasonable trial.

    19. Re:How does it work in this case? by Anonymous Coward · · Score: 0

      You may be just kidding.

      But by fuck. I would do it after that sort of miss treatment.

      Simply claim temporary insanity due to the destruction of his life.

      Then sue.

    20. Re:How does it work in this case? by Anonymous Coward · · Score: 0

      AFAIK and IANAL, In the US he would bring a civil case against the government, and he might win some financial compensation. It's not easy; but given a high profile case like this he could pick up some lawyers on contingency or perhaps even pro bono if the case has merit.

      Of course it's Canada, so I dunno.

      I have thought for some time that it would be nice of somebody in the US organized a "anti-civil forfeiture currency". For example, when somebody gets their house seized for having a bag of weed, or the government takes $2000 from you by "suing the money", then citizens should be able to issue currency to negate that. Obviously, an issue of money outside the Federal Reserve System is illegal. It might be possible to work around it by donating "works of art" to the victim. That would be good fun. If it took hold, totalitarianism on both sides of the border would have to show their true colors and kick us with boots, which we could actually show on video and maybe, just maybe, shame them back under the rocks from which they have emerged.

    21. Re:How does it work in this case? by idontgno · · Score: 1

      There's just as good of a chance that people will see this and think "The government is going too far, and I need to do help fight this."

      That worked out well in 1933 in Germany. The decent German folk rose up and fought down the rising oppression of the Nazi party and restored the democratic government of the Wiemar Republic.

      (Yes, I just Godwinned this discussion, and by God, it's applicable and on-topic. So there.)

      Some people just don't want to believe the lessons taught by history, and summarized so well by Martin Niemöller:

      First they came for the communists,
      and I didn't speak out because I wasn't a communist.

      Then they came for the trade unionists,
      and I didn't speak out because I wasn't a trade unionist.

      Then they came for the Jews,
      and I didn't speak out because I wasn't a Jew.

      Then they came for me
      and there was no one left to speak out for me.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    22. Re:How does it work in this case? by TheGavster · · Score: 4, Interesting

      The man had his reputation and property taken from him by the state. Presumably, the prosecutor has both property and a reputation. In Babylon they solved this by summarily executing the prosecutor and conferring their lands and titles to the falsely accused. As a society, we've evolved, and I think we could make do with just transferring the property and reputation and leaving the accuser in the gutter.

      --
      "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    23. Re:How does it work in this case? by Anonymous Coward · · Score: 0

      So, in exchange for a year behind bars and another year of uncertainty, he:

      A) got out of his marriage, in a way that wasn't his fault and likely didn't leave him with any alimony or child support payments (since unemployed people behind bars generally can't be expected to pay these things) but now he can sue to regain partial custody of his kids if he wants to.

      B) has a legitimate shot of enough money coming to him that he'll never have to work again.

      C) is famous, or at least somewhat famous, so that he won't die a nobody like the rest of us.

      I'm willing to bet that there are other people out there who would accept the same gamble to get the same results, completely ignoring the free speech or civil liberties aspects of the case.

    24. Re:How does it work in this case? by mwvdlee · · Score: 2

      Should the police be afraid of making mistakes?

      First of all we're not just talking about the police, but the entire justice system. In cases like this the police probably just did what the prosecutors and judges told them to do.

      That being said, "Should the justice system be afraid of making mistakes?" is the wrong question to ask.
      "Should the justice system be less afraid of making mistakes than civilians?" is a lot easier to answer since the justice system itself is not exempt from the law.

      If those responsible within the justice system make deliberate or negligent mistakes, they should be held accountable.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    25. Re:How does it work in this case? by TapeCutter · · Score: 0

      I don't buy into all this parinoid crap about the government being out to get people but speaking of logic... People don't get railroaded because nobody cares about them or what they do, if they didn't care then why bother? To put his actions in a different context, if this guy walked up to a military checkpoint wearing the components of a suicide vest, do you think they would declare his corpse innocent? He deliberately started a pointless pissing competition with the biggest dick in the land and eventually won in court, if his life really is ruined then he only has himself to blame for that..

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    26. Re:How does it work in this case? by Anonymous Coward · · Score: 0

      don't worry, he's on the watchlist forever. If he buys a box of fertilizer for his begonias, we'll nab him.

    27. Re:How does it work in this case? by 0111+1110 · · Score: 4, Insightful

      And if a woman goes out at night after 9pm in a sexy outfit, not even carrying a firearm, well she is practically asking to be raped and tortured. She wouldn't be a victim. She would be doing it to herself. People can be so self-destructive. If you give a cop the finger and he beats you to death or shoots you until has Glock is out of bullets it is something you have done to yourself. The angry cop cannot be held responsible. And if you publicly criticize the government...well you know what to expect. The government cannot be held responsible for what they are forced to do to you. They would rather not ruin the life of an innocent person, but they were left with no choice. Victims have no one to blame but themselves. I think I am starting to understand now.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    28. Re:How does it work in this case? by sjames · · Score: 1

      It's a fine line, but I certainly agree that the prosecutor's office at least owes compensation to anyone found not guilty. It's a bit disingenuous to proclaim that justice was served and pat each other on the back when someone who did nothing wrong finds themselves unemployed, homeless, and quite probably dragged through the mud as a direct result.

      In cases where the prosecution is determined not to be well founded, the compensation should include treble damages at least.

      Where malice is found, the malicious party should serve the maximum sentence the defendant faced as a result (I'm looking at you Nifong).

    29. Re:How does it work in this case? by Anonymous Coward · · Score: 0

      Yeah, you did just Godwin this, which is too bad because the point you're trying to make doesn't apply to this situation very well at all. He is no longer in prison, he is now known to be innocent, if they prosecute him again for doing similar things, they're most likely going to have their asses handed to them by the media or the courts or both. Unless you think Canada is likely to have full media blackouts and disassemble the court system, the differences between 1933 Germany and present day Canada are too huge to ignore. You're trivializing Nazism and fascism, and you're likely going to be Godwinning conversations for a long, long time unless you start to get some perspective.

    30. Re:How does it work in this case? by mattr · · Score: 1

      >> The angry cop cannot be held responsible.

      Wrong. What planet do you live on? Tasemeinbed World?

    31. Re:How does it work in this case? by Anonymous Coward · · Score: 0

      I see woman going out without a gun in Toronto every night... It is news if something happens.

    32. Re:How does it work in this case? by Anonymous Coward · · Score: 0

      what do you propose? he was making himself a strawman, a martyr, he was "testing" a system that he knew a priori could not distinguish between him doing nothing outright illegal, but doing things that would arouse suspicion?

    33. Re:How does it work in this case? by TapeCutter · · Score: 1

      [strawman,self-delusion, strawman]. Victims have no one to blame but themselves.

      You assume without question that he is a "victim". A victim of what? - The guy picked a fight and lost, he was given due process like everyone else, neither side broke the law. If you want to argue that justice delayed is justice denied I agee, but that problem exists for everyone not just the self styled martyrs.

      I think I am starting to understand now

      I doubt it, you have to grow up to understand anything deeper than authority==oppression.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    34. Re:How does it work in this case? by TapeCutter · · Score: 1

      So how would you define mistreatment here? What is the normal length of time spent in remand by Canadian prisoners?

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    35. Re:How does it work in this case? by Rich0 · · Score: 2

      Arresting someone who is innocent or is later found not guilty - no.

      The problem is that in our system simply being arrested results in a huge grind that is effectively punishment regardless of the final outcome. People spend months to years in jail. Their reputations are tarnished immediately and regardless of outcome, in a society where that reputation follows you even internationally (you can't just move to the next town over and start a new life - arrests show up on background checks). People don't own their means of production like farmers of yore did - if you lose your job you have no income, and it is difficult to get a new job. A speedy trial doesn't mean next week either.

      The whole system is in massive need of reform.

  4. Retaliation by davegravy · · Score: 5, Informative
    1. Re:Retaliation by Khyber · · Score: 2

      Good, he needs to sue them for BILLIONS and give them reason to never repeat this mistake again.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    2. Re:Retaliation by future+assassin · · Score: 1

      Set up a donations. I'm more the willing to for over money to see the Canadian gov in a whole lot of hurt.

      --
      by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    3. Re:Retaliation by Jah-Wren+Ryel · · Score: 5, Interesting

      Good, he needs to sue them for BILLIONS and give them reason to never repeat this mistake again.

      We need something more creative for the malfeasance of public servants because any monetary awards will just nickle-and-dime the taxpayer who won't notice it and won't have the influence to fix the problems anyway.

      I propose indentured servitude. Anyone with significant involvement in pursuing this ridiculous case owes Sonne just as many hours of unpaid labor as they forced him to waste defending himself. Lets see that vindictive prosecutor made to personally mow Sonne's lawn every week for the next decade.

      --
      When information is power, privacy is freedom.
    4. Re:Retaliation by ilsaloving · · Score: 2

      As a taxpayer who would eventually be footing the bill, I don't see how billions would be of any help.

      He is definitely deserving of compensation, of course, but what I would much rather see is that asshat Bill Blair and all the other management toadies dangling from a tree by their gonads.

      How could someone with a decades long policing career NOT have known that kettling a crowd of innocent people for hours in the middle of a downpour was a bad idea?
      Or stuffing a makeshift 'jail' ridiculously beyond capacity with handcuffed people for hours/days, with insufficient bathroom facilities?

      If money is the only way to get retribution, then so be it. But I want to see more. Firings at the *minimum*.

    5. Re:Retaliation by idontgno · · Score: 1

      Sonne doesn't have a lawn. He lost his house.

      I'm thinking "organs." All the vindictive screwups responsible for this abortion of justice have to give up one transplantable organ, liquidated on the open market, and the money goes to Sonne. Or the organ, if he needs it and is biocompatible. Or just wants to display it in formaldehyde on a shelf in his apartment.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    6. Re:Retaliation by Anonymous Coward · · Score: 0

      As a taxpayer who would eventually be footing the bill, I don't see how billions would be of any help.

      He is definitely deserving of compensation, of course, but what I would much rather see is that asshat Bill Blair and all the other management toadies dangling from a tree by their gonads.

      If money is the only way to get retribution, then so be it. But I want to see more. Firings at the *minimum*.

      I propose that wrongful arrest and other similar suits be paid out of the police (etc) pension funds. We always hear about how its a few bad apples, all other cops are super great guys, etc. F that. If Officer Joe Blow is costing his colleagues 1,5,10% of the department's pension, they'll run him out before he costs it all. Until then, they'll just toe the thin blue line.

    7. Re:Retaliation by Anonymous Coward · · Score: 0

      I'm thinking "build him a new house then", since the house was lost. And I mean by the prosecution team. Until it's done to a decent standard.

    8. Re:Retaliation by Anonymous Coward · · Score: 0

      Good, he needs to sue them for BILLIONS and give them reason to never repeat this mistake again.

      We need something more creative for the malfeasance of public servants because any monetary awards will just nickle-and-dime the taxpayer who won't notice it and won't have the influence to fix the problems anyway.

      I propose indentured servitude. Anyone with significant involvement in pursuing this ridiculous case owes Sonne just as many hours of unpaid labor as they forced him to waste defending himself. Lets see that vindictive prosecutor made to personally mow Sonne's lawn every week for the next decade.

      I think a better punishment for any of this sort of abuse is to strip them of their assets and force them to live on minimum wage for a time.

    9. Re:Retaliation by Khyber · · Score: 1

      "I don't see how billions would be of any help."

      Hurt the taxpayer enough and the taxpayer will make damned sure the government doesn't do this kind of shit ever again.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  5. 'D20 Geek' Byron Sonne Cleared... by xxxJonBoyxxx · · Score: 2, Funny

    I read this as "D20 Geek" - looks like he rolled his saving throw!

    >> 'G20 Geek' Byron Sonne Cleared of Explosives Charges

    1. Re:'D20 Geek' Byron Sonne Cleared... by girlintraining · · Score: 1

      I read this as "D20 Geek" - looks like he rolled his saving throw!

      Yeah, save versus government... DC 35, +10 difficulty for security theatre... you pretty much have to roll a nat 20, or have ranks in diplomacy and a high intelligence.

      --
      #fuckbeta #iamslashdot #dicemustdie
    2. Re:'D20 Geek' Byron Sonne Cleared... by jellomizer · · Score: 0

      Ok Mr. Sonne, Role you hobby check.
      [Roles the dice] It lands on a one!
      Well because you roll a one your chemistry project got the authorities attention, and you did this right during the G-20. You are now in jail...
      Roll 2d6 to see how many years you are in jail before your court.
      [Roles the dice] it lands on a 6 and a 5. Ohhh Snap! 11 years, that sucks dude.
      Ok you now in court you better roll well you need to beet a 15 to get let out.
      [Roles a D20] It lands on 20! Well you got off with no charges!
      Because you land on a 20 you can try to counter sue do you want to do that...

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    3. Re:'D20 Geek' Byron Sonne Cleared... by idontgno · · Score: 1

      And it's only a save for reduced damage, not avoidance. The DM is definitely being hardass here.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
  6. Doesn't matter that he won. He lost. by DynamoJoe · · Score: 5, Insightful

    He lost 11 months of freedom and overall two years of his life fighting bullshit charges. He had to move in with his parents, his girlfriend left him (she got arrested too), I presume he's no longer employed, and two years later he has nothing to show for it but a hollow victory in court. The government got what they wanted out of him: He's a warning to others of what they can do to you even if you've done nothing wrong.

    --
    bah.
    1. Re:Doesn't matter that he won. He lost. by mhajicek · · Score: 2

      He's a warning to others of what they will do to you if you leave them in power.

      Fiss.

    2. Re:Doesn't matter that he won. He lost. by Anonymous Coward · · Score: 0

      his wife left him

      FTFY

    3. Re:Doesn't matter that he won. He lost. by Hatta · · Score: 3, Insightful

      Exactly. If the state can't prove its case, it should be forced to make the victim whole again. That, and the thugs who put him in jail on false charges should be imprisoned themselves.

      --
      Give me Classic Slashdot or give me death!
    4. Re:Doesn't matter that he won. He lost. by Anonymous Coward · · Score: 4, Insightful

      And here's the unpopular-on-Slashdot, but common-everywhere-else view: Yes, he lost all that, but he provides us all an excellent object lesson in how not to be a stupid douchebag.

      When you are not a security contractor with an official relationship to the people organizing and/or securing the G-20 summit, don't fucking go on the internet talking about how you're going to 'test the security' of the G-20 summit.

      If they want your help, they'll ask for it. If you offer your help, and they refuse to accept it, then by all means, write to a politician to express your views. Write to the newspapers to talk about how the security of the summit is flawed, and needs to be tested in different ways than are being planned (a legitimate *journalist* would be interested in this sort of a story - find one). Even express your views that the government is using ineffective security precautions that amount to no more than theater, and explain why online, on a blog, etc. But do not - I repeat, do not - continue making plans to "test" the security and talk about your plans to "test" the security.

      If they've refused your offer of assistance to "test security," and you go ahead and publicly continue to make plans to "test security," don't be surprised when they show up, kick in your door, and fucking cart you off because you're behaving like a threat.

    5. Re:Doesn't matter that he won. He lost. by MozeeToby · · Score: 3, Insightful

      It isn't over, he will sue for wrongful prosecution. He may even win, but even if he doesn't he did what he set out to do: draw lots of attention to the shoddy, expensive, ineffectual security practices in use. Oh, and also drew attention to the government's apparent imprisonment of innocent people for political reasons. I don't know if it was worth it to him or not, but he gets a nod and a thank you from people like me for what he's accomplished just in avoiding a conviction.

    6. Re:Doesn't matter that he won. He lost. by Anonymous Coward · · Score: 0

      I wouldn't call avoiding serving a possible 10 year prison sentence a "hollow victory".

    7. Re:Doesn't matter that he won. He lost. by arth1 · · Score: 4, Funny

      Didn't both of them leave him?

    8. Re:Doesn't matter that he won. He lost. by marcello_dl · · Score: 2

      I'd give victims of justice a credit. Imprisoned for 2 years? you get 2 years of credit, to commit any crime which has the median jail time of 2 or less years. Only limitation, the victims of such automatically condoned crime must be chosen among those who are directly involved with the trial. 2 years means you can beat em up, take their car to the manufacturer and see if it withstands a crash test, hijack their dog, stuff like this.
      That should make people in charge more responsible.

      Of course it will never work because this wasn't an error in the first place but was intimidation, or to be more precise, an act of terror. And the system would simply react to such laws by faking proof in better ways.

      But boy would it be cool.

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    9. Re:Doesn't matter that he won. He lost. by BitterOak · · Score: 1

      Oh, and also drew attention to the government's apparent imprisonment of innocent people for political reasons.

      Then he's doing the government's work for them. They wanted to make an example of him, and by drawing attention to his case, he's helping them to succeed.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    10. Re:Doesn't matter that he won. He lost. by QuasiSteve · · Score: 2

      setting aside the meat of the story for a moment..

      his girlfriend left him (she got arrested too)

      ...do we know why she (being girlfriend or, as an AC-followup notes, wife) left him?

      Perhaps he left the seat up. Perhaps he failed to inform her that he was purposefully taunting the authorities. She may have had crappy or good reasons to leave him for things he did or failed to do.

      Or perhaps she just got tired of him being in jail, and found it too difficult to remain 'at his side'. In which case perhaps that's a 'weak' reason but not entirely non-understandable. Regardless of one's views, I'd imagine he'd want a girlfriend/wife who sticks with him no matter what (well, within reason) - so wouldn't he be better off without her anyway?

      Don't get me wrong, I feel sorry for the guy and believe the case against him was indeed just to set an example (except that they keep 'setting examples' so it's certainly not having much of an effect). But the whole girlfriend/wife angle feels a bit too much like plucking at heartstrings.

    11. Re:Doesn't matter that he won. He lost. by ZeroSumHappiness · · Score: 2

      I will beat you within an inch of your life unless you best me in a game of bloody knuckles while I'm wearing metal studded leather gloves. You cannot decline this game. You win but your hand is broken in the process of the game and you may never be able to write again. Wouldn't you call it a "hollow victory" considering that I forced you to play an unfair game without good reason and you still received possibly irreversible damages?

    12. Re:Doesn't matter that he won. He lost. by MozeeToby · · Score: 3, Insightful

      He did nothing illegal. If being a douchebag landed you in jail all the police would have to do would be stake out half the stores in the local mall and wait for a popped collar to walk by.

    13. Re:Doesn't matter that he won. He lost. by Anonymous Coward · · Score: 2, Insightful

      No. Freedom is precious. It's never a hollow victory when you choose to defend it and win. And anyone who stands up to the state and expects to suffer no repercussions for it are delusional. Serious people who engage in civil disobediance know that they could individually be "make an example of" at any time. But if having principles means anything, it means sometimes you might have to face the consequences of upholding them.

    14. Re:Doesn't matter that he won. He lost. by Anonymous Coward · · Score: 1

      [...] and two years later he has nothing to show for it but a hollow victory in court.

      Well, that and the opportunity to sue for unjust imprisonment. And the worship of many who supported his cause. The latter of which, if this guy's smart, spells "multi-million dollar book deal" to me.

      Sure, it doesn't magically erase time and replace the past two years with singing unicorns that shit candy, but you've got to play the system when given the chance.

    15. Re:Doesn't matter that he won. He lost. by Anonymous Coward · · Score: 0

      we need more idiots like him to continue the fight against injustice. It may be hollow to you but not to me and definitely not to him.

    16. Re:Doesn't matter that he won. He lost. by qbast · · Score: 1

      My guess that favourite way of spending this 'crime allowance' would to beat the shit out of prosecutor right there in court room.

    17. Re:Doesn't matter that he won. He lost. by N0Man74 · · Score: 1

      A Pyrrhic victory, to a battle forced upon him?

    18. Re:Doesn't matter that he won. He lost. by Anonymous Coward · · Score: 0, Interesting

      OOOOO! Big old badass uses the c word! OOOOOOOOOO! X.25! Is that the protocol, or your secret code name, Mr. big swaggering badass?

      Have you REALLY read the story of what happened here?

      This shithead did everything he could to make this happen to him. I wouldn't be surprised if the lawsuit was his ultimate goal.

      You filthy impotent geeks need to step back, clear the revolutionary bullshit out of your eyes and ears, and stop operating at the zero level of intellect. You are the lowest of the low and YOU are the problem.

    19. Re:Doesn't matter that he won. He lost. by Anonymous Coward · · Score: 1

      Canada is sounding more like good Old USA. Scare you into taking it in the rear and smiling at the same time.

    20. Re:Doesn't matter that he won. He lost. by Anonymous Coward · · Score: 1

      A Pyrrhic victory, to a battle forced upon him?

      I'm not saying I like what happened to this guys, but he kicked a hornets nest, multiple times. He asked for a battle.

    21. Re:Doesn't matter that he won. He lost. by Anonymous Coward · · Score: 2, Insightful

      It's not a Pyrrhic victory since he sucessfully defended the most important thing he had to lose: his freedom. This means he's free to continue his chemisty and rocketry hobbies. He's free to search and get another job, or start his own business (which I think he already had since I believed the TFA mentioned consultancy work). He's free to date women. He's free to continue to be an activist for the issues he cares about. Not only that, but if he wins his civil case against the government, he'll have certain degree of financial freedom that ameliorates whatever hardships he's going through now. His life is not ruined by any stretch. He's certainly better off now than if he had been convicted.

    22. Re:Doesn't matter that he won. He lost. by Anonymous Coward · · Score: 0

      Jokes on them, I got no job, no girlfriend and still live in my mom's basement!

    23. Re:Doesn't matter that he won. He lost. by Anonymous Coward · · Score: 1

      Yep, that's exactly how I justify what they've done to him, you twat. I have zero sympathy for the man. He set out with the *explicit stated intent* of testing security by buying "suspicious chemicals" and seeing if the authorities would take notice.

      Well, guess what - they took notice, and treated him exactly the way they should have treated someone who was a threat: arresting him, and pressing charges. His *goal* was to appear as a threat, and then show that even though he did suspicious things, the security never even noticed him. And that backfired on him.

      So no, don't expect me to feel sympathy or surprise that they took notice, and pressed charges. He disproved his own hypothesis, which is instructional for him and for other people considering the same thing, and he got exactly what he was hoping to get: a security response. If you're not affiliated with the G-20 summit, you don't go out of your way to make it look like you're planning to bomb it, unless you are specifically being asked to test security by the people organizing & securing the event.

      In much the same manner - if you decide to test airport security by trying to sneak a knife onboard an aircraft, and then get caught and jailed and charged, I have zero sympathy for you, unless you're somebody hired by airport security specifically to TEST the efficacy of the security checkpoints. If they were to hand a TSA agent a knife, send him through security, and then cut him loose and let him sit in jail for 3 years after they asked him to test security, yeah, that's a problem. But an unaffiliated whackjob deciding to do some freelance "security testing?" Not a single quiver on the sympathy meter.

    24. Re:Doesn't matter that he won. He lost. by Anonymous Coward · · Score: 0

      You've been successfully programmed. You are arguing in favor of the pathocracy and our abusers.

      When I was a kid I did dumb shit as well, running around with toy guns in the woods and making an ass of myself, scaring people. Two cops came and because it was the 80's, they weren't even wearing vests, and they simply told me I was being stupid and not to do it again. Scared me straight. And hey, I didn't have to go to jail or anything. And hey, I sure as hell didn't do it again. That's how sane communities used to work.

      Flash forward to today where you've been convinced that it's *okay* for the authorities to jail you for being a dumb punk. This is a result of the deliberately amped-up fear-factor via false-flag, agent provocateur bullshit being used to convince idiots that our own towns are subject to the same rules as airports.

      The G20 itself is a deliberate fiasco designed to provide excuses for locking down target cities and setting up military control measures in dense population centers. Your apologist nonsense is only helping the psychologically deviant bastards running the show to forward their plan to control and exterminate all the Normals.

      Stop being so easily flummoxed. It's only going to get worse, and even right-wing idiots will not be spared unless they also happen to be genetically psychopathic. That's how it goes.

      And sadly, I'll be proven right.

    25. Re:Doesn't matter that he won. He lost. by 0111+1110 · · Score: 1

      Actually, corrupt abusive cops and prosecutors are the problem. They should be 'put to sleep' humanely just like a vicious dog who cannot seem to stop biting people.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    26. Re:Doesn't matter that he won. He lost. by 0111+1110 · · Score: 1

      Somehow I am getting the impression that you don't have sympathy for anyone under any circumstances except perhaps for yourself.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    27. Re:Doesn't matter that he won. He lost. by 0111+1110 · · Score: 2

      so wouldn't he be better off without her anyway?

      Have you ever lost someone that you loved? It all depends on whether he actually loved her or not. If he did love her I don't think that realization will make him feel any better about it. Her actions have made it clear that she did not love him, but that doesn't mean that he did not love her. For his sake I at least hope she was ugly.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    28. Re:Doesn't matter that he won. He lost. by sjames · · Score: 1

      Or in some cases, just arrest everyone they see when they're clocking in.

    29. Re:Doesn't matter that he won. He lost. by TapeCutter · · Score: 1

      He did nothing illegal.

      Neither did the authorities, what's your point?

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    30. Re:Doesn't matter that he won. He lost. by Anonymous Coward · · Score: 0

      He did nothing illegal.

      And neither did the police. Nor the prosecution.

    31. Re:Doesn't matter that he won. He lost. by QuasiSteve · · Score: 1

      Oh I'm not saying he shouldn't feel bad about it - that's highly personal. But unless he screwed up on his end of the deal of the relationship (e.g. failed to communicate to her what he was doing and how that may impact her as well - I don't know why she was arrested, anybody?), his heart - so to speak - may well ache, but in his mind he should realize that this may not have been the girl for him.

      As for whether or not she was ugly... I don't even know where that factors in :D

    32. Re:Doesn't matter that he won. He lost. by Anonymous Coward · · Score: 0

      shoplifting the sort of stuff that could be used to make a bomb if you wanted seems the best bet - you get the time off, *plus* if the cops turn up then there's a chance you'll get more goojf cards

    33. Re:Doesn't matter that he won. He lost. by Anonymous Coward · · Score: 0

      his girlfriend left him (she got arrested too),

      You mean his wife, Kristen Peterson. She was arrested a day after he was, spent three nights in jail, and hasn't spoken to him since.

      I presume he's no longer employed,

      Sonne is a visual artist who lives primarily off a family trust fund.

  7. Re:USA! USA! by jellomizer · · Score: 2

    Probably not as much as you are implying.

    Our Canadian Friends to the North are more in common with the United States Culturally then you would like to believe. And it isn't as much from the U.S. Forcing them the Canadians take pride in their differences, as do the Americans.

    Both of our Justice Systems are Modeled of the English system. So it isn't to far to expect that the way we handle justice isn't that different.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  8. Twitter and Flickr evidence by betterunixthanunix · · Score: 0

    I think it should be clear that we need anonymity systems, when comments made on Twitter and Flickr are used to justfiy ruining a person's life like this. It is a sad thing to say, but we need the tools developed to help dissidents in China to protect people here in the "free world."

    --
    Palm trees and 8
    1. Re:Twitter and Flickr evidence by tftp · · Score: 1

      we need the tools developed to help dissidents in China to protect people here in the "free world."

      Haven't you already used just such a tool to tell me and millions of others about your opinion on this subject?

      Hint: Twitbook is evil. Do not touch. Slashdot and thousands of other blogs are good - they allow you to remain anonymous.

  9. Re:Retaliation -- slim by redelm · · Score: 4, Informative

    Good luck to him -- even if he waits longer to get a jury trial, the judge will still set damages and cannot assess anything resembling punative damages under Canadian law. At most he will get actual, proveable damages, two years salary (should try for overtime:). And might actually get costs awarded against him if he rejects a higher "paid-into-court" settlement offer.

  10. Bomb Ingredients? by mhajicek · · Score: 5, Insightful

    The Crown alleged he had all the necessary ingredients to build a homemade bomb

    I don't know anyone that DOESN'T.

    1. Re:Bomb Ingredients? by Anonymous Coward · · Score: 0

      Ironically, the Unabomber almost certainly didn't most of the time.

    2. Re:Bomb Ingredients? by JoshuaZ · · Score: 1

      You must know interesting people. I could get the necessary stuff without much effort, but most of the obvious things that would be helpful (fertilizer, pipes, nails, charcoal, sulfur, saltpeter, prepaid cellphones) are stuff that I don't normally have in my apartment. Some household cleaning substances would be useful, but by and large I don't have enough. The more relevant issue seems to be that lots of people do have all of them with legitimate reasons, and that it is really easy to obtain them all. So your basic point seems correct but your phrasing is hyperbolic.

    3. Re:Bomb Ingredients? by CanHasDIY · · Score: 5, Insightful

      The Crown alleged he had all the necessary ingredients to build a homemade bomb

      I don't know anyone that DOESN'T.

      This, a million times over; there isn't a homeowner in North America who doesn't possess materials capable of being combined for explosive effect, most of which reside under our kitchen sinks (or wherever you stash your cleaning supplies).

      Claiming this as a valid rationale for prosecution is like claiming that owning bullets is intent to commit murder. It's not valid, it's just fucking stupid.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    4. Re:Bomb Ingredients? by Anonymous Coward · · Score: 0

      I have the great majority of stuff to make a homemade bomb. However, I'm a homeowner, so the list of things I need to keep around are larger than one would need at an apartment. Maybe he doesn't know any slobs (as in no cleaning supplies) that live in apartments?

    5. Re:Bomb Ingredients? by Bob+the+Super+Hamste · · Score: 1

      Hell I easily have all the necessary components to built a bomb. If you reload ammo you have everything necessary to build a bomb already.
      Gun powder: check
      Primers: check
      steel pipe: check (makes a great breaker bar)

      --
      Time to offend someone
    6. Re:Bomb Ingredients? by dkleinsc · · Score: 1

      I do, but given that she's only a very bright 3-year-old I'm not considering her a big risk for making a bomb anyways.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    7. Re:Bomb Ingredients? by Anonymous Coward · · Score: 0

      From my favorite monster B-movie, Tremors:

      [Explosion]
      Valentine McKee: What the hell's in those things, Burt?
      Burt Gummer [holding a bag of pipe bombs]: Just a few household chemicals in the proper proportions.

    8. Re:Bomb Ingredients? by Anonymous Coward · · Score: 0

      The only thing on that list that I'm missing is saltpeter, and I don't consider myself all that interesting of a person.

    9. Re:Bomb Ingredients? by Anonymous Coward · · Score: 1

      Especially since people have been convicted of "handling explosives without a permit" for making a "Works Bomb" (oversized firecracker).

      http://www.lenconnect.com/news/x1060313365/Jail-probation-for-pop-bottle-bomb

    10. Re:Bomb Ingredients? by gl4ss · · Score: 1

      http://www.rawstory.com/rs/2012/05/04/exploding-hydrogen-balloons-at-armenian-political-rally-injure-many/

      you don't need even that. electricity, water, balloons and a balloon pump. or lighter propane and balloons. with a bit of macgyver anyone is a potential terrorist.

      --
      world was created 5 seconds before this post as it is.
    11. Re:Bomb Ingredients? by mhajicek · · Score: 2

      If you can make a campfire, have a bucket and a piece of cloth, you can make a suitable gunpowder substitute. The remainder is left as an exercise for the student.

    12. Re:Bomb Ingredients? by Barbara,+not+Barbie · · Score: 1

      You don't have bottle of bleach, cleanser, a lead-acid car battery that you can drain, icing sugar, a bottle of ammonia, some drain cleaner, a propane bbq tank, rubbing alcohol, oven cleaner, hair lightener, a basketball, aluminium foil or a bicycle pump? (you can skip the potassium permanganate - a few drops of blood is also a good catalyst - high school chemistry)

      --
      Let's call it what it is, Anti-Social Media.
    13. Re:Bomb Ingredients? by Trailer+Trash · · Score: 1

      There was a guy around here who they tried to charge with bomb-making. As a prank he had put vinegar and baking soda in a 2-liter jug and blew it up in front of someone's house. Now, tell me again, is the original poster being hyperbolic? Or is "the crown"?

    14. Re:Bomb Ingredients? by phorm · · Score: 2

      Absolutely, if you have bullets there could no other possible use for them than to kill people...

    15. Re:Bomb Ingredients? by Anonymous Coward · · Score: 0

      I like the Mythbusters' Hot Water Heater rocket personnally. Every home is potentially a missle launching site.

    16. Re:Bomb Ingredients? by Mateorabi · · Score: 1

      What if you just REALLY hate these cans? I mean, _someone_ really hates them.

      --
      "You saved 1968." - Ms. Valerie Pringle to the crew of Apollo 8

    17. Re:Bomb Ingredients? by Anonymous Coward · · Score: 1

      Claiming this as a valid rationale for prosecution is like claiming that owning knives is intent to commit murder.

      FTFY

    18. Re:Bomb Ingredients? by ducman · · Score: 1

      I know I manage to fire a few thousand rounds a year without killing anybody, family or otherwise. Eliminated lots of dangerous cans and bottles, though! Every single person who has visited my place and shot some of my guns has claimed it was great fun, and none of them killed anybody, either.

      --
      "We have nothing in common, your attitude annoys me, and your political views are appalling."
    19. Re:Bomb Ingredients? by sjames · · Score: 3, Interesting

      Do you have trash bags and natural gas service at your house?

      Got any ammonia and bleach (chemical warfare!)

      Bug spray?

      Gas can for the lawn mower?

      A can of WD40 and a lighter?

      Congrats! Though some of them would be fairly wimpy, all could be made into a 'bomb' sufficient to warrent arrest if you set them off in a public place.

      Of more to the point, all could be deliberately misconstrued to manufacture reasonable suspicion.

    20. Re:Bomb Ingredients? by CanHasDIY · · Score: 1

      Bullets have one and one purpose only - to kill.

      Actually, the main purpose of bullets is to be loaded into a firearm and discharged; however, only a simpleton with no imagination would honestly believe they serve only one purpose.

      Also, "to kill" != murder, jackass.

      If you didn't plan on killing anyone, why would you have bullets around?

      Hunting, target practice, competition shooting, decoration, reloading, etc. etc. etc.

      Again, only a fucking idiot would think that bullets exist for the sole purpose of 'killing people'... Well, OK, an idiot or a pussy. Take your pick; either way, not very flattering.

      Hint: you're more likely to kill one of your family with those bullets than anyone else.

      You, maybe. In my family, we teach respect and proper handling of firearms as early as age 6, have for generations, and have not once had an accidental discharge, let alone causing harm to someone without intent.

      No, it's jackasses like you, who hate guns and gun owners until the day your dumb ass gets robbed, that negligently get their loved ones killed. Out of fear, you go out and buy a gun which you have no idea how to respect or use properly, fail to train yourself or your kin as to basic firearm safety, and end up leaving a loaded handgun out where your equally idiotic offspring can get ahold of it, then when the inevitable occurs and someone gets shot, you blame everyone but yourself for the incident, including the inanimate firearm.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
  11. Re:Retaliation -- slim by Anonymous Coward · · Score: 2, Insightful

    If someone keeps you working for them 24/7 for two years, that should be one hell of an overtime bonus.
     
    I figured Canadians would have inherited a British sensibility for paying people who were unfairly imprisoned without fighting it. Of course, the news stories I've read like that from England may have given me an overly sunny impression of their approach. It just always made sense to me that if the government should fuck up your life for any significant period of time, that they compensate you for it as best they can.

  12. Re:Retaliation -- slim by gl4ss · · Score: 4, Informative

    apparently while there's no law that would force unjust imprisonment to have a compensation by default in canada, the courts can find it appropriate and do it anyways.

    story at http://cnews.canoe.ca/CNEWS/Canada/2011/04/14/17995011.html has a list of some large compensations.

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    world was created 5 seconds before this post as it is.
  13. He needs a better girlfriend by future+assassin · · Score: 1

    obviously she wanted out and probably thought he was guilty and this was a good excuse. Way to support your significant other/spouse.

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  14. Re:USA! USA! by tqk · · Score: 2

    So how much influence did the USA have in this whole farce?

    I suspect not very much. He insulted the police ("Bacon on wheels", for bicycle cops), belittled their efforts in security ("security theatre"), and tweeted about how a security fence could be climbed. Apparently, he also taunted a starving unchained dog, the unfeeling bastard! I'm still trying to read about that last one.

    Obviously, he's a dangerous malcontented civil libertarian who refuses to follow orders of the authorities, and he knows stuff they never will understand. I'm surprised they couldn't hang him up on IP theft too. "He's got a DVD burner in his computer!"

    I doubt the USA could have added anything more substantial that could possibly make this clusterfuck worse.

    --
    "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
  15. Re:Retaliation -- slim by Anonymous+Brave+Guy · · Score: 5, Informative

    I'm afraid you do have an overly sunny impression of our approach here in England.

    I was a witness in court a while back. It was a simple trial related to a motoring accident, which would take only a few hours. It had been aborted on one occasion a few months after the event in question, reasonably enough IMHO because there wasn't enough time left at the end of the day to be sure of hearing the case fully in one session. It was then tried on a different day, several months later still.

    The defendant was found not guilty. In their summing up, the magistrates criticised the police report that was given as evidence, and noted that evidence by one of the prosecution's own witnesses was a major factor in the not guilty decision. In short, the magistrates did not seem to have a very high opinion at all of the case that had been made by the prosecution.

    As a witness, I was entitled to some basic cost-of-living expenses for my trouble, and in practice my employer had paid me my normal wage despite missing the two days of work. However, I discovered later that the defendant (who, remember, was found not guilty, and had presumably already had about a year of stress since the accident with the case hanging over them) was entitled to nothing by way of compensation for either the lost time or the reduced quality of life.

    It turns out that in England, you can have your day in court -- in fact, you might not get much choice about it, and it might be more than a day -- but only at your own expense. It's no wonder that so many people pay up the fixed penalty fines for traffic offences they cannot possibly have committed, if it would cost them more than the fine to take time off and travel to a faraway court near where the alleged incident took place in order to defend themselves.

    It's a shame. I think rules that mean you can lose out even if you have done nothing wrong bring the entire justice system into disrepute. It's not as obvious as a couple of recent high profile cases when someone died after the police made a mistake, but in a way this sort of widespread, low-level abuse is just as insidious, and the kind of middle ground that we're talking about in TFA is the next logical step.

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  16. Re:Retaliation -- slim by redelm · · Score: 1

    Nice, but these are only ~0.4 M$/y which looks like 2x overtime even while sleeping, totalling 10x salary.

    Canada/UK/oz/... rely _very_ heavily on the Crown (civil servants) and even company officers in general doing the "Right Thing", and being very embarrassed otherwise. Unfortunately, this has been eroded by US movies/TV.

    US/state/corp officials derive their power from election, and are otherwise devoid of civic duty. So they need hard slaps from courts.

  17. did anyone else read it as... by Cyko_01 · · Score: 1

    "'G20 Geek' Byron Sonne Cleared Explosive Charges"

    I thought the guy foiled some kind of terrorist plot by disarming a bomb

  18. Re:Retaliation -- slim by bware · · Score: 1

    I think rules that mean you can lose out even if you have done nothing wrong bring the entire justice system into disrepute.

    Or as we say over here in the colonies, "You can beat the rap, but you can't beat the ride."

  19. Re:Retaliation -- slim by Anonymous Coward · · Score: 0

    Good luck to him -- even if he waits longer to get a jury trial, the judge will still set damages and cannot assess anything resembling punative damages under Canadian law. At most he will get actual, proveable damages, two years salary (should try for overtime:). And might actually get costs awarded against him if he rejects a higher "paid-into-court" settlement offer.

    His wife left him and took the house. It sounds like damages will be significant.

  20. I'm glad to see the police spokeman being upfront by idontgno · · Score: 3, Insightful

    "You're engaging in hindsight, which of course is 20-20," said police spokesman Mark Pugash. "... There was sufficient evidence to arrest, there was sufficient evidence to charge," he added.

    Pugash said it was a "dangerous assumption" to think that because a case was acquitted it should not have made it to court.

    "We investigated, we arrested, we charged ... the Crown took the case forward."

    The mere fact of innocence doesn't reduce the civic lesson value of this entire episode: You can be imprisoned for nearly a year, held almost incommunicado, and lose your most important personal relationships, simply because you're loudly opposed to the mechanisms of state security. Your "acquittal" does nothing to ameliorate that. Even if you win, you will still have lost, and nothing will change.

    Well, we can hope the police spokeman was wrong about the last part.

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  21. Yet the folks that charged him won. by sethstorm · · Score: 2

    Sonne, the judge said, felt “very strongly” about his wife.

    “I do not believe he would have done anything to risk injury to her or worse,” Ms. Spies said.

    The couple has since split up, something Mr. Sonne noted poignantly after the verdict.

    “It would be nice to walk out of the courthouse into her arms, but that’s just not going to happen.”

    Consider that they've already done enough destruction to the person's family - the law enforcement have done enough to not need to go for the coup de grace and "convict" him.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  22. Lesson pointedly taught: Don't do this, or else. by Catbeller · · Score: 5, Insightful

    That's why the 11 months, that's why the easily refuted charges, the pointless lying by the security forces. They aren't punishing him as much as they are demonstrating what they can do to YOU or YOU or YOU, if you get lippy.

    It's working. People are shutting up. You can't meter what ain't there, but public disagreement with the established police state is muted by these endless arrests. People don't want to go into debt for the rest of their lives, lose their jobs and their families, just to say "I disagree."

    Stay tuned for Rahm Emmanuel's series of lessons in Chicago later this week. It's Tuesday, and already the security forces are running helicopters overhead. We have LDAPs! Let the schoolin' begin.

  23. Re:Lesson pointedly taught: Don't do this, or else by shking · · Score: 1

    So what are are YOU doing about? Or are YOU the sort of coward that YOU presume the rest of us to be?

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    -- "At Microsoft, quality is job 1.1" -- PC Magazine, Nov. 1994
  24. Re:Retaliation -- slim by Anonymous Coward · · Score: 0

    And, if you get a situation like this, time in prison awaiting trial counts as 'time served' to calculate your sentence if you're found guilty, but it's not 'wrongful imprisonment' if you're found not guilty. The only argument to support this deplorable situation? "It would cost the public purse too much to compensate people".

  25. Re:Lesson pointedly taught: Don't do this, or else by Anonymous Coward · · Score: 1

    I didn't see any evidence in his post which would suggest that he was saying you or anybody else was behaving in a cowardly manner. He was just pointing out the psychological effect of intimidation tactics.

  26. *Personal* liability by bradley13 · · Score: 1

    ...any monetary awards will just nickle-and-dime the taxpayer

    That is exactly the problem. In a case like this, the civil servants responsible should be personally liable for any judgement he wins. That means everyone: the arresting officer, the police detectives who carried out the investigation, everyone involved in the prosecutors office, *and* any and all judges involved in denying him bail and drawing out the court process.

    As it is, all of these people can just shrug, say "everyone makes mistakes" or even "he deserved it", and go on to do it to the next person.

    Personal liability.

    --
    Enjoy life! This is not a dress rehearsal.
  27. Re:Retaliation -- slim by Anonymous Coward · · Score: 0

    I have a friend who was involved in a motorcycle crash during a trip to see the 1999 eclipse in Cornwall - a car in front pulled an emergency stop on an empty straight road and he hit the back of it (at about 10mph) - there was no visible damage to the car and the driver admitted he stopped as his wife shouted stop as she had seen a pretty cottage she wanted a photo of. They exchanged details and he went on his way - the next he knew was he had a summons to appear in court in Cornwall for failure to report and accident and leaving the scene of an accident. This was because said wife had decided to try for a whiplash compensation from her insurers.

    Although he lives 300 miles away the court would not allow it to be tried locally, he twice took 2 days off work to turn up and be told the case was adjourned. Both time he needed to pay for a hotel overnight. On the 3rd time he sat around all day only for the magistrate to throw out the case within 5 minutes as being laughable and actually suggested that the wife should be investigated for insurance fraud.

    All in it cost him 1800 miles of petrol, 3 nights of hotel stays 6 days leave and he still got 4 points on his licence for "undue care and attention" as driving into the back of another vehicle is always your fault. Plus as he only had 3rd party fire and theft he had to pay for the repairs to the tank of his bike and exhaust (another £500 even though only cosmetic) and he lost his no claims.

    The fuynny thing is the police will not attend even an accident unless there is an injury involved and just give you an incident number over the phone

  28. Que Civil Litigation... by DarthVain · · Score: 1

    I hope he sues them for a Bazillions dollars!

    Oh wait that's my money.... sigh.