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Homeland Security Stole Michael Arrington's Boat

An anonymous reader writes "Michael Arrington, founder of TechCrunch, lives near Seattle and bought a boat there. He ordered it from a company based near him, but across the border in Canada. Yesterday, the company tried to deliver it to him, and it had to clear customs. An agent for the Department of Homeland Security asked him to sign a form. The form contained information about the boat, including its cost. The price was correct, but it was in U.S. dollars rather than Canadian dollars. Since the form contained legal warnings about making sure everything on it is true and accurate, Arrington suggested to the agent that they correct the error. She responded by seizing the boat. 'As in, demanded that we get off the boat, demanded the keys and took physical control of it. What struck me the most about the situation is how excited she got about seizing the boat. Like she was just itching for something like this to happen. This was a very happy day for her. ... A person with a gun and a government badge asked me to swear in writing that a lie was true today. And when I didn't do what she wanted she simply took my boat and asked me to leave.'"

89 of 812 comments (clear)

  1. This never happened to me, by Anonymous Coward · · Score: 5, Funny

    in the years that I imported horse manure.

    1. Re:This never happened to me, by j00r0m4nc3r · · Score: 3, Insightful

      Maybe he meant the United States Power Squadrons
      They are mortal enemies

    2. Re:This never happened to me, by gv250 · · Score: 3, Funny

      "The U.S. postal service ... are also competing against USPS

      That explains a lot.

  2. DHS by parallel_prankster · · Score: 5, Interesting

    I dont remember the last time we had a dept that was so pathetic, inefficient, useless, corrupt and annoying as the Dept. of Homeland Security. Why do these people even exist? I dont feel any safer with them being around at all. Just yesterday there was an article in Slate about how insecure airport perimeter security is. http://www.slate.com/blogs/crime/2013/02/20/airport_diamond_heist_it_is_shockingly_easy_to_breach_perimeter_security.html

    1. Re:DHS by TheGratefulNet · · Score: 3, Insightful

      they exist because of scared soccer moms who think that perceived security is worth anything, as long as their snowflakes are 'kept safe'.

      really, that's it. fear controls and every leader since the beginning of time knows that.

      you can get anything if you keep the population in perpetual fear.

      that's it. it security theater for most of us who see this. it was never meant to be anything real. no one in upper levels truly would believe this is an effective thing; BUT they also would be hung upside down if some 'thing' happened and they didn't show that they did 'all they could' to stop it. so, its an excuse, too, a CYA move.

      no thinking person believes the BS; but thinking people are not in charge...

      --

      --
      "It is now safe to switch off your computer."
    2. Re:DHS by Hatta · · Score: 4, Insightful

      I dont remember the last time we had a dept that was so pathetic, inefficient, useless, corrupt and annoying as the Dept. of Homeland Security.

      The DEA.

      --
      Give me Classic Slashdot or give me death!
  3. LOL ... by gstoddart · · Score: 5, Insightful

    "It's just paperwork, it doesn't matter"

    So, a government functionary with a minor Napoleon complex who just wants to get on with the fun parts of the job then?

    This is what happens when you give stupid people that much power.

    --
    Lost at C:>. Found at C.
    1. Re:LOL ... by Nyder · · Score: 5, Insightful

      "It's just paperwork, it doesn't matter"

      So, a government functionary with a minor Napoleon complex who just wants to get on with the fun parts of the job then?

      This is what happens when you give stupid people that much power.

      This is what happens when you give anyone power without having balance and checks to keep them in line.

      --
      Be seeing you...
    2. Re:LOL ... by Jawnn · · Score: 3, Informative

      This is what happens when a fearful and ignorant populace allows their rights to be ripped away from them in the name of "security". I am loathe to play the Nazi card, but the empowerment of previously powerless, disenfranchised, and yes, often stupid people was played out the same way in 1930's Germany. If we, as a citizenry, do not turn out every one of the bastards who brought this level absurdity to our lives, we deserve everything we get.

  4. Re:Would you like some cheese with that? by Hatta · · Score: 5, Informative

    Ask to have the paperwork re-done

    Isn't that what got his boat confiscated?

    --
    Give me Classic Slashdot or give me death!
  5. "Stole" or "confiscated"? by BBTaeKwonDo · · Score: 3, Insightful

    As TFA notes, he will hire a lawyer and get it back. The only variable is when; my guess is that within two weeks, he'll be sailing around. However, if the government accuses the boat of being the proceeds of a drug transaction (very unlikely, since there was no cash or drugs anywhere around) it will take longer. But "stole" makes for a much better headline than the truth, "confiscated", doesn't it?

    1. Re:"Stole" or "confiscated"? by Omega+Hacker · · Score: 5, Insightful

      I'd tend to say that when the "confiscation" has no legal basis whatsoever, we can very accurately call it "stolen".

      --
      GStreamer - The only way to stream!
    2. Re:"Stole" or "confiscated"? by UnknownSoldier · · Score: 5, Interesting

      They didn't steal it, he "voluntarily surrendered" it.

      When the TSA goon confiscated my toothpaste I calmly asked him "Why are you confiscating my toothpaste?"

      He corrected my misunderstanding. "We are not confiscating anything. You are voluntarily surrendering it."

      At that point there was no point in arguing with someone so brainwashed that they are forced to play lawyer semantics to "Take something that doesn't belong to them under the threat of duress."

      God help us all.

      --
      "Only a coward uses censorship."

    3. Re:"Stole" or "confiscated"? by tehcyder · · Score: 4, Funny

      The DHS had the authority to hold the boat the minute it arrived on US soil

      If your boat ends up on US soil rather than water, aren't you doing something wrong?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    4. Re:"Stole" or "confiscated"? by Daniel+Dvorkin · · Score: 4, Informative

      The guy refused to sign the import documents which would release the boat and then is surprised when they didn't release the boat?

      He refused to commit perjury, and was then surprised--as most people would be--when he was punished for his refusal to commit perjury. How hard is this to understand?

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    5. Re:"Stole" or "confiscated"? by sjames · · Score: 3, Insightful

      So he is free to hop onboard right now and sail away? No? Then it IS theft.

    6. Re:"Stole" or "confiscated"? by sjames · · Score: 3, Insightful

      Mo. he asked that an error on the document be corrected since he was required to swear that the information was correct to the best of his knowledge and it was not. Any reasonable government agent would have struck USD and written in CAD and asked him to sign that rather than gleefully confiscate the boat.

    7. Re:"Stole" or "confiscated"? by chill · · Score: 4, Insightful

      Not in this case. The agent is the one that filled in the form by copying the invoice data over in the first place. If she had the authority to do that, she has the authority to either correct it or scrap it and do another one.

      --
      Learning HOW to think is more important than learning WHAT to think.
  6. Re:Would you like some cheese with that? by gstoddart · · Score: 5, Informative

    Otherwise you wouldn't have been an asshole about the whole thing. Make the correction, initial it, and sign the bottom. Ask to have the paperwork re-done and make an appointment to come back when it's ready.

    Did you read the whole article?

    The primary form, prepared by the government, had an error. The price was copied from the invoice, but DHS changed the currency from Canadian to U.S. dollars.

    It has language at the bottom with serious sounding statements that the information is true and correct, and a signature block.

    I pointed out the error and suggested that we simply change the currency from US $ to CAD $ so that is was correct. Or instead, amend the amount so that it was correct in U.S. dollars.

    I thought this was important because I was signing it and swearing that the information, and specifically the price, was correct.

    The DHS agent didnâ(TM)t care about the error and told me to sign the form anyway. "It's just paperwork, it doesn't matter," she said. I declined.

    He did try to fix it, and the DHS agents acted like morons.

    --
    Lost at C:>. Found at C.
  7. Re:No way... by fustakrakich · · Score: 4, Insightful

    But this is not "news for nerds" by any reasonable stretch of the imagination.

    Yeah, just close your eyes....

    --
    “He’s not deformed, he’s just drunk!”
  8. Re:Would you like some cheese with that? by parallel_prankster · · Score: 5, Insightful

    You don't get the point. It is about the gatekeeper's ego. If everything he described happened, then it would have made a lot more sense to make the corrections just because it is nice to be honest sometimes you know. She stole the boat because her attitude is like "if you don't do everything the way I want you to do it or if I sense even the slightest disrespect, I will F**K your things". That is what we face at airports too.

  9. Re:Would you like some cheese with that? by arth1 · · Score: 4, Insightful

    I think Arrington overreacted and misrepresented facts, but whining is perhaps a bit strong.

    It wasn't DHS "stealing" a boat, it was them refusing to release it without a signature.
    We don't know whether the agent in question had the authority to make changes to the legal documents. If not, refusing to release it while the paperwork was redone might have been the only valid recourse.
    For those who suggest initialized amendments to the document, whether that is allowed depends on the type of document. DHS might not be allowed to accept amended documents. Their hands could very well be tied.

    What was truly disappointing was his speculations about the DHS agents feelings. That was very unprofessional, to say the very least.

  10. Re:so what? by Feyshtey · · Score: 5, Insightful

    It's only news because it's a rich person and his boat. When they utilize the new Homeland Security policy allowing them to seize any electronic device at the border without suspicion, and decide to hold on to your IPad or cellphone it will most certainly be your problem. And you will have enabled it to be so because you are so cavalier about a person's rights, so long as they have a different amount of wealth as you.

    Isnt it fascinating that it's abhorent to violate a poor person's rights, but its chiche to promote violating the rights of the wealthy?

    --
    "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
  11. Re:so what? by gmuslera · · Score: 3, Insightful

    That happened to someone with a loud voice that is not so easy to intimidate don't mean that it not happens all the time, with a lot of things (maybe not as expensive in absolute numbers, but could hurt even more to the victim), to people with not so loud or that are easier to intimidate in some way.

  12. Oh no, he's rich. But we're looking at that wrong. by hessian · · Score: 5, Insightful

    Guess what happens when the victim isn't rich?

    We never hear about it, and the agent seizes his boat and profits.

    Corruption is a very real threat!

    So what if this guy is rich? The point is that if they'll do it to rich people, they'll do it to anyone, except little people have no ability to retaliate.

  13. Re:Was the exchange rate wrong? by gstoddart · · Score: 5, Informative

    If the document stated the price in US dollars and was clearly marked as being US dollars why would one care that they paid Canadian Dollars if the paper had the correct exchange rate and listed it in US dollars

    Dude, seriously, it's in the article ... they took the Canadian dollar value, turned it into American dollars (incorrectly), and asked him to sign a form under oath that what the form said was true.

    The government form was wrong, he tried to fix it, they became assholes and confiscated his boat.

    I'm entirely willing to believe some DHS agent went off and acted like an idiot when he was trying to reasonably fix a clerical error.

    --
    Lost at C:>. Found at C.
  14. "how screwed up our government bureaucracy ..." by guanxi · · Score: 4, Insightful

    He writes:

    itâ(TM)s to highlight how screwed up our government bureaucracy has become.

    If true (we should hear the other side), it's nothing new in the history of governments or the United States. Not that it shouldn't improve, but the good old days never were.

    That's the essential point to understand that if you want to improve things: The problem isn't current bad apples or lack of morality or a temporary increase in corruption; it's the universal, eternal nature of humanity and their institutions. Ignoring that fact is like designing a bridge and ignoring gravity. There are solutions, such as transparency, but it's not a matter of replacing the current 'bad' apples with a new batch -- they will be human too.

    1. Re:"how screwed up our government bureaucracy ..." by pla · · Score: 3, Insightful

      but it's not a matter of replacing the current 'bad' apples with a new batch -- they will be human too.

      We don't want to "replace" the current crop of losers - We want to burn down the whole fucking orchard.

      The security theater has gone on for about 11 years too long now. End it.

    2. Re:"how screwed up our government bureaucracy ..." by guanxi · · Score: 4, Insightful

      Yes, it is the universal, eternal nature of humanity. That is why the people who wrote the U.S. Constitution tried very hard to limit the powers of the government. The more powerful the government gets the more likely this sort of thing is to happen and the harder it is to get this type of abuse corrected.

      I agree that limited government is one tool to minimize the harm of institutions, but I'd balance it out a little ...

      If not government, who will restrain humanity's instincts to kill and cheat each other? To whom would Arrington appeal to get his boat back? I think that's the primary irony and challenge of society: To protect ourselves against humanity and its institutions, we only have more humans and institutions.

      Also, the Articles of Confederation had even more limited government than we have now, but our ancestors found it too ineffectual. The Framers goal was to create a more powerful central government, though still limited.

      Finally, the Framers were just as human -- petty, corrupt, selfish, dumb -- as we are. The Constitution isn't scripture handed down by gods, but the flawed work of people like our current politicians and society. As someone said, 'we are the ones we've been waiting for.'

  15. Re:so what? by MickyTheIdiot · · Score: 5, Insightful

    I care. Not because the guy is rich and I worship CEOs, but because this is another example of some governmental lowlife taking property.

    As much as I am FOR regulations of corporations I am against misuse of regulation for petty reasons.

  16. Re:so what? by Joce640k · · Score: 3, Insightful

    Yep, they've been doing this for many, many years. Since the RICO act, in fact.

    --
    No sig today...
  17. Re:no reason to lie... by medcalf · · Score: 4, Insightful

    And when they then take the boat and don't give it back because you falsely swore to the authenticity of the import paperwork, then what? Yeah, it's only paperwork. It doesn't matter. Until it does. And if you don't think that this could happen, look up civil forfeiture, which is an even worse abuse.

    --
    -- Two men say they're Jesus. One of them must be wrong. - Dire Straits
  18. Re:no reason to lie... by Iamthecheese · · Score: 4, Insightful

    >Just fill out the paperwork, and get on with life. Don't upset the pencil pushers. They're goons with badges and guns.

    This way lies fascism.

    --
    If video games influenced behavior the Pac Man generation would be eating pills and running away from their problems.
  19. Re:Your tax dollars at work... by Anonymous Coward · · Score: 3, Insightful

    Re: gun control have a look at a few quotes.

    http://thefiringline.com/library/quotes/antifreedom.xml

    One of my favourites, due to it's simplicity and honesty (rare for a politician) is

    "Waiting periods are only a step. Registration is only a step. The prohibition of private firearms is the goal."

    Janet Reno
    U.S. Attorney General
    1993-12-10

  20. Really? by jcobol · · Score: 3, Funny

    I'm sure Arrington, with his long history of reporting the facts, is telling us the entire story. And if he is? It couldn't have happened to a nicer guy . . .

  21. Re:No way... by Anonymous Coward · · Score: 3, Insightful

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

  22. Re:so what? by therealkevinkretz · · Score: 5, Insightful

    What an assholish thing to post. The guy earned his money - you're somehow more okay with his property being seized because you're envious of it? Grow up.

  23. Much worse under Obama regime by Anonymous Coward · · Score: 5, Insightful

    I always thought the fanatical left was completely hypocritical that they bashed the Bush administration for liberty violations by federal agents but now they are Obama constituents and are completely silent.

    *sigh*
    Oh well; who needs those stupid ethics and morals anyway?

    1. Re:Much worse under Obama regime by jedidiah · · Score: 3, Insightful

      Personal property rights are not just "the rights of the rich".

      You are an idiot.

      Tolerating injustice because you don't like the victim is how this nonsense starts. Sooner or later, the victim will be someone more sympathetic. By then the abuse will be entrenched.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  24. Re:Would you like some cheese with that? by guanxi · · Score: 3, Insightful

    He did try to fix it, and the DHS agents acted like morons.

    Says who? If the customs agent wrote a blog, would it say the same? What if she wrote her blog first and it was posted to Slashdot as "Arrington acts like and a**hole, gets yacht confiscated"? Do we just believe whichever side gets posted to Slashdot first?

  25. Re:Would you like some cheese with that? by Sockatume · · Score: 3, Insightful

    And if the customs agent doesn't have the authority to amend the paperwork then and there, what happens?

    --
    No kidding!!! What do you say at this point?
  26. Re:Cry me a river by gstoddart · · Score: 4, Insightful

    This is the story of a bureaucrat doing their job and inconveniencing someone as a result, not a violation of a basic human right.

    How do you arrive at that conclusion?

    The DHS agent didn't care about the error and told me to sign the form anyway. "It's just paperwork, it doesn't matter," she said. I declined.

    This is a story of a bureaucrat acting like a fucking idiot and asking someone to sign incorrect paperwork, and then acting like a miserable old cow when he tried to resolve the problem.

    Sorry, but if DHS is that incompetent and behaves that much like assholes, that's a major problem.

    --
    Lost at C:>. Found at C.
  27. Re:No way... by 0xdeadbeef · · Score: 4, Insightful

    I'm sure this has everything to do with DHS and nothing at all to do with the fact that every imaginable authority organization has had people who abuse their power since the dawn of time.

    Well, that's one way to rationalize your feelings of powerlessness. "I'm not a pussy, I'm a cynic!"

  28. Re:so what? by Anonymous Coward · · Score: 5, Interesting

    I disagree. Many years ago, (2002 or 2003), myself and two friends went to Canada. One friend was French, carrying a proper passport, etc.

    When crossing into Canada, the customs official could not have been more cordial. He asked all three of us to come up at once (we were walking). Had a quick chit-chat about why we were going to Niagara Falls, checked our friend's passport to make sure everything was good, and wished us well.

    Coming back was a completely different experience. We assumed the process would be the same, so we all started up to the customs agent at the same time. He jumped back from his seat, unholstered a pistol, and started shouting commands at us. (3 young college kids). After that, we received the 3rd degree on how two Americans could be friends with a Frenchie, etc.

    CBE officials are power hungry... end of story.

  29. Re:so what? by Anonymous Coward · · Score: 5, Insightful

    Both of you are a little selfish, aren't you? "Oh, he's got money so he's got no right to complain."

    This is a bureaucrat fucking up the paperwork, refusing to fix it, then seizing the opportunity to take someone else's toy for a ride. That flagrant abuse of power is a problem with integrity.

    In a country where the constitution was deliberately crafted around the idea of protecting citizens from governmental abuse and seeking to empower the citizens with means to call their government on any and all abuse.

    Integrity problems in government ought to have you up in arms, it's your job as American Citizen[tm]. No matter what the cause is. So git off yer arses arriddy, ye lazy bums!

  30. They told me by AntiBasic · · Score: 5, Funny

    They told me if I voted for Romney, we'd see DHS continue with abuse power... and they were right.

    1. Re:They told me by nickscalise · · Score: 4, Informative

      Whoosh!

      His point was it really did not matter who he voted for. The crap continues.

      Or, it could be that the folks who told him that were just saying ANYTHING to keep Romney from being elected. Because their guy was already giving them stuff, and they did not want to stop receiving stuff.

  31. How is anyone still suprised... by sensationull · · Score: 4, Interesting

    the US is a totalitarian state now run by the corporations and paranoia merchants who exist to fuel wars. I would not travel there with any electronic device as I would be more concerned about them messing about it or taking it at the border than if I was going to China. Seriously it has to have killed of a bit of tourism if nothing else with the mental border policies. Sure Israel blows up laptops it does not like but at least they have provable reason. I've picked flights to avoid the US as a stop over simply because I don't feel safe traveling there with electronics, not that I have anything to hide but I don't think that matters anymore.

    Call me old fashioned but I just don't want to be irradiated and have all my electronic devices seized and violated at the whim of some random overpaid security guard with a bad attitude.

    1. Re:How is anyone still suprised... by Anonymous Coward · · Score: 5, Interesting

      A bit of background: I'm Canadian, white, from a mediteranean background, professional infosec guy.

      I've been to Israel, and eastern european countries, and been in places where where suicide bombers have detonated themselves and killed and maimed scores of people.

      I advise corporate entities about the risk of going to "questionable jurisdictions" such as China and other IP thieving countries, but the US is increasingly becoming problematic if you seem to not fit the profile.

      I've been better treated by Mexican, Polish, Czech, Cuban, and Israeli border control than the US DHS, and this before and after 9/11.

      The common thread seems to be understanding or risk, incompetence (of a person/dept) and training. The US DHS seems to be afflicted with all three: understanding of risk is flawed, the people hired to safeguard the country seem poorly selected (google those articles of DHS hiring people whose previous work experience was McDonalds) and poor training.

      Israeli's have some of the best training, and they try to avoid using the dumbdumbs for border and customs (they can work on courtesy but that's something else).
      Even in a rural Polish town's airport, you'll have military clad types with full auto weapons on display, but even they understand the situation.

      You don't get that feeling when you enter Uncle Sam's domain, and it doesn't make sense, and it doesn't make anyone safer.

  32. Re:Oh no, he's rich. But we're looking at that wro by BetterSense · · Score: 5, Insightful

    Dealing successfully with the ironically-named 'justice system' (where 'successfully' is defined as 'minimal loss of wealth/immediate freedom/future earning potential/continence' is based on two key factors:

    1) Do not appear to have anything confiscatable
    2) Flatter their ego

    Stupid people care about the law. They think that if they obey the law, they will be ok. The fact is, the law really doesn't matter. Cops don't know the law, they just enforce it. The most important thing is to not get involved with the police, and if you do, to not get arrested. If you get arrested, you have already lost.

    The law only matters after you are arrested. But even then, you will end up plea-bargaining to an unrelated charge anyway. The idea that you will stand up before a judge and he will see that you were in compliance with the law and you will achieve some kind of 'justice' is pure naivete. Even if the case is dismissed, you lost.

  33. Re:No way... by PhxBlue · · Score: 3, Insightful

    "... stuff that matters."

    --
    !#@%*)anks for hanging up the phone, dear.
  34. least of his worries by stimpleton · · Score: 4, Insightful

    He'll get his boat back. More worryingly this was the third attempt at delivery. It broke down *twice* before and had to return to the manufacturer when attempts were made to deliver. A bigger entity really does not want him to have his boat! Boats breaking down is serious. You evade storms in a working boat.

    --

    In post Patriot Act America, the library books scan you.
  35. Re:Would you like some cheese with that? by mabhatter654 · · Score: 3, Insightful

    It "no big deal" until the IRS or the boat licensing authority gets ahold of that slip and it doesn't MATCH EXACTLY... Then he gets accused of defrauding taxes and such. A COMPANY has lawyers that can defend that type of clerical error. YOU don't.

    To be totally fair, this is over dramatized. Obviously, without the paperwork, she can't clear the boat. So that means lock it back up until the correct paperwork is redone... And you go to the bottom of the queue for wasting her time.

  36. f*d up bureaucracy on the US/Canada border by Anonymous Coward · · Score: 3, Interesting

    I know it's a little off topic and few are likely to read an AC's post anyway :), but I have a story of government bureaucracy bullshit related to the U.S./Canadian border.

    Years ago, I tried to cross the border to get into Canada from the U.S. I had been arrested about a year before or so on a minor charge--interference with government operations. Basically some asshole cops were abusing their power, arresting kids outside a music venue, throwing them into the ground, and one of them threw his elbow into me on his way over, knocking me back. So I stood my ground. When he told me to move back, I told him that I wouldn't because a) he hit me on the way over , b) I hadn't moved since this whole thing started, and c) what they were doing wasn't police work, it was plain and simple bullshit. (Btw, one of these cops was later thrown in jail for murdering his young boy lover, and the other gets in trouble periodically for beating up high school students.) So I got arrested. After they let me go, amidst much snickering as they filled out my charge sheet or whatever on their rinky-dinky circa 80s mainframe system (it seemed), I went to court (not the real court, mind you, the misdemeanor court) and pled guilty so I could just get out of there. I paid $150 to someone behind a window and left.

    So flash forward to when I'm trying to cross the border, and the Canadian border/police officer tells me that I have a felony terrorist offense on my record and they won't allow me in. And I'm like, "What?!?!" Well, there's a felony in Canada with the same name as the misdemeanor that I stupidly pled guilty to. I tried explaining this, and my explanation was along the lines of "So these asshole cops were abusing their power, and I was resisting it," all while the cop I'm talking to is obviously taking these (future murderer and disgraced) cops' sides. So I had to sneak into Canada. I'm not sure, but I suspect that to this day, I am still not allowed into Canada. It's something I could maybe fix with a lawyer, but I'm not rich and I'm stubborn about this bullshit.

    So yeah, I'm pretty sure this all happened because of the 9/11 mess, Patriot Act and such. Screw bureaucracy. Screw all of these new government institutions and laws put in place since 9/11 that are just obviously fucked up (TSA, I'm talking about you). And of course, confiscating this guy's boat is bullshit, but as he said, he is rich and he will get it back. How many people have shit like this happen who aren't rich and don't have a popular blog and slashdot to publicize it? I'm guessing far too many.

  37. Re:Would you like some cheese with that? by tehcyder · · Score: 3, Insightful

    On slashdot, if there's a confrontation between someone from the government and a rich guy, who do you think people will believe?

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  38. Re:No way... by jamesl · · Score: 3, Insightful

    But this is not "news for nerds" by any reasonable stretch of the imagination.

    Unless it happened to you.

    Secretary Janet Napolitano oversees the third largest Cabinet department and leads our nation's efforts to secure our country from terrorism to natural disasters.
    http://www.dhs.gov/about-dhs

    Arrington is an interesting person but it's a stretch to say the he's either a terrorist or natural disaster.

  39. Re:Would you like some cheese with that? by Anonymous Coward · · Score: 3, Insightful

    So in America, it is now considered normal that you only have rights if you can and do afford to always have a lawyer besides you?

  40. Re:No way... by KiloByte · · Score: 5, Insightful

    Arrington is an interesting person but it's a stretch to say the he's either a terrorist or natural disaster.

    Unlike the DHS.

    --
    The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
  41. Re:so what? by evil_aaronm · · Score: 3, Informative

    No guns drawn on us, but my wife and I, who really like Happy Jack's in Fort Erie, have lost a bit of desire to go there for lunch because of the assholes manning the US side of the border. On special occasions, we'll push our luck and go, and the Canadians are always cool about it. The Americans are almost always total power-tripping buttheads.

  42. Re:so what? by camg188 · · Score: 3, Insightful

    Incidents worse than this have been happening for years under asset forfeiture laws for certain felony crimes.
    It makes one want to become a Libertarian.

  43. Re:so what? by Feyshtey · · Score: 5, Insightful

    And my point is that BOTH should be news. And that in no case should the violation of a person's rights be casually dismissed for any reason, including how much or how little money that person might have.

    As soon as we choose who are worthy of protection under the law and who are socially acceptable to victimize we are doomed to fail as a culture.

    --
    "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
  44. Re:so what? by Feyshtey · · Score: 3, Insightful

    Or Germany....

    THAT is why you stand up to them.

    --
    "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
  45. Re:so what? by Type44Q · · Score: 4, Insightful

    I understand your argument from a moral and ethical perspective; no one ever said that Karl Marx lacked a conscience. The problem lies in implementing a system that enforces "equality" on everybody; it's the enforcing part that the rest of us have a problem with.

  46. Re:so what? by Anonymous Coward · · Score: 3, Funny

    I don't want to see such disparity that some people can afford private boats either.

    Just so you are aware, the vast majority of boats are owned by lower and middle class people. Boats tend to be a money sink which a lot of the wealthy avoid unless they just really have so much money that they don't care.

    Just so you are aware, I can completely make stuff up as well:

    The VAST(cavernous? I prefer cavernous). The CAVERNOUS majority of boats are kayaks/canoes/etc that don't have associated costs of ownership. I guess if you count them then the vast majority (what is that, anyway? 75%? 90% 99.99999%?) of boats are indeed owned by the lower and middle class. If you don't take into account the "quality" of a good then the poor and middle class probably own the majority of everything. There are a lot more of them than there are rich people. They have nothing to do with this guy trying to bring his yacht through customs.

    My completely made up stuff sounds more plausible, honestly.

  47. Re:Would you like some cheese with that? by Sarten-X · · Score: 4, Insightful

    It's a customs declaration, same as everybody fills out when entering the country with something valuable. You tell the government you have it and that you bought it, and you state its approximate value in USD. The government doesn't want to know its value in florins, or rubles, or Canadian dollars. The value does not have to be exact, as it's only needed for statistical purposes. Even if knowingly misrepresented, I have yet to meet a government agency that is unwilling to correct paperwork after the fact.

    I expect that much everybody the DHS agent deals with understands this, and doesn't care enough to make a big deal of it. When some guy starts insisting that the government should rebuild its procedures to compute value using a foreign currency, the agent smiled cheerfully, explained that the boat can't be released without the proper paperwork, and likely tried to restrain the laughter at the guy who thinks the world should bend to his will.

    Well, Mr. Arrington, congratulations. Your high moral standards and obsession with accurate reporting have inconvenienced your government and cost you a few weeks' time with your precious new boat while new papers are filed. At least you can post your story online and get some sympathy from faceless strangers.

    Anecdotally, I just received notice from the IRS that I've just finished an audit for 2010. I had rounded a few numbers on my 1040, and they didn't get third-party papers corroborating a deduction, and they thought I was worthy of closer scrutiny. Fixing it took a few hours on the phone, a trip to my accountant, and a signed letter attesting that I really did do what I said I did. Apparently I'll soon be getting a second refund check.

    The government is not out to get you, the hapless individual. The government is out to get all the other assholes who screw over the system, and you just happen to have aroused suspicion. Once you're under suspicion, you have two options. You can be offended and return the offense, approaching every interaction as though you were going to battle, or you can convince the government that you're not the criminal they're looking for, but merely someone who deviated a bit too far from their expectations. The latter's really not that hard, and can help to stretch the bounds of their expectations.

    --
    You do not have a moral or legal right to do absolutely anything you want.
  48. Re:Just sayin'.... by SvnLyrBrto · · Score: 5, Insightful

    Whether he was a dick to her, or vice versa, is entirely irrelevant. There are only four facts that are relevant in any way, and they're all binary:

    1) Was the information on the form incorrect, yes or no?
    2) Did she tell him to nevertheless sign a form with incorrect information, yes or no?
    3) Did he refuse to swear that information he knew to be false was true, yes or no?
    4) After that, sis she seize the boat, yes or no?

    She doesn't have to like him and he doesn't have to like her. If the answer to all four of the above questions is "yes" then she is entirely in the wrong needs to be slapped down... ideally terminated as unfit to serve the public in any capacity.

    --
    Imagine all the people...
  49. Re:Would you like some cheese with that? by operagost · · Score: 3, Funny

    There are other options I'd like to bring along.

    - Licensed armed bodyguard, or state police officer if you have "connections"
    - TV crew
    - Retired Army sniper with a touch of PTSD
    - an Italian-American mother who don't take no crap

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
  50. Re:Just sayin'.... by Artful+Codger · · Score: 3, Interesting

    It's kind of a tough call. On the one hand, if you sign off on something government-y that's technically false, that can boomerang on you later on. On the other hand, since the US and Canadian dollar are within a percent or two of parity, the discrepancy is trivial, so any future correction would be trivial. Me, I'd have probably STFU and signed.

    But I could only afford a used boat.So maybe I don't understand...

    The flaw in the system seems to be the inordinate amount of power in one agent's hands. If the agent had to call a superior to do the seizure, and explain the stupid reason... I bet the matter would have evaporated at that point.

    --

    ... plans that either come to naught, or half a page of scribbled lines...
  51. Re:so what? by crypticedge · · Score: 5, Insightful

    The thing is, this person is in one of the best positions to fix the problem. He can draw attention to an issue that affects more than just rich people, but the poor people it affects don't have the money or ability to draw attention to it.

    In a sense, this happening to him is a blessing to all of us, because it can end up being one more nail in the department of illegal detainment, theft and torture.

  52. DHS handled it poorly. by Quimo · · Score: 5, Insightful

    I think regardless of how in the right the DHS rep is they handled it poorly. If they don't have the authority to change the form fine. If they must seized the boat fine. Explain the the gentleman why you are unable to make the changes and why you must seized the boat. Then let them know what the next step is to get things sorted out. Most people are fairly forgiving of inconveniences if they know why they are happening.

    This just smacks of a functionary that enjoys being a pain. As for the DHS agent this is probably not going to go well for them. Even if it doesn't cost them there job it will probably result in a demotion.

  53. Re:Would you like some cheese with that? by Anonymous Coward · · Score: 5, Funny

    On slashdot, if there's a confrontation between someone from the government and a rich guy, who do you think people will believe?

    The stoner who wasn't there but has a very strong opinion about what happened.

  54. Re:so what? by Beardo+the+Bearded · · Score: 4, Insightful

    What I don't understand is why he didn't just make a note on the document then sign it.

    "Oh, hang on."

    *writes CDN and initials it*

    "there we go!"

    *sign*

    I do that all the time for things that are worth far more than his boat.

    --

    ---
    ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
  55. Re:so what? by CanHasDIY · · Score: 4, Insightful

    No, it's OK to temporarily seize his boat because there was an error on his paperwork (clerical or not).

    An error put there by the same people who seized the boat. How... convenient.

    Now take off your fucking blinders.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  56. Re:so what? by kraut · · Score: 5, Interesting

    Having crossed a fair few borders in my life, the US ones are without a doubt the most unpleasant ones.Worse even than the former East German one (albeit on a West German passport... I'm sure with an eastern block passport they would have been even worse).

    It's odd, given that on the whole the US is full of friendly people trying to be helpful... all the assholes seem to hang out at the border and at airports.

    --
    no taxation without representation!
  57. Re:Would you like some cheese with that? by Khyber · · Score: 3, Informative

    Yes.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  58. Re:Would you like some cheese with that? by CanHasDIY · · Score: 4, Funny

    There are other options I'd like to bring along.

    - an Italian-American mother who don't take no crap

    This.

    Who needs a gun, when you could be packing a Sicilian matriarch?

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  59. Re:Parity? by cdrudge · · Score: 3, Insightful

    Since the Canadian and US Dollars are almost the same, the diff was what 10 pence?

    They are close. But still not insignificant. And it's going to depend on what date the sale was as to who it's significant to.

    The boat is likely $1m+. It's been in the works since 2011 and usually cheap boats don't take a year to build. Large, highly customized, high end expensive boats take over a year to build. With current exchange rates, The difference for a $1m boat is around $25k. Seattle's use tax rate is .095, plus an additional .3% for vehicles/boats, and .5% excise tax. So that's an extra $2500 in taxes and fees. Yeah it's only a small fraction of the total cost, but I don't think most people want to spend $2500 just because some agent didn't write $#CAD on the form.

  60. Re:No way... by Belial6 · · Score: 5, Insightful

    No, it isn't. It is a case where LOTS of people are abusing their power. This agent is not working in a vacuum. She is working in a framework that was designed by other people who also abused their power. She is supervised by people who are abusing their power. If the boat is returned promptly returned with an apology and the agent fired, then you can legitimatly claim that she was working alone, outside the authority of her position. Until that time, claiming that she was a rogue agent not supported by the full force of the government is nothing but a poor rationalization.

  61. What was the agent's name? by BobSutan · · Score: 3, Insightful

    Name names. This thug needs to be held accountable for her abuse of public trust and power.

    --
    "On a scale from 1 to 10, people are stupid"
  62. Clerical errors are already clearly explained by argStyopa · · Score: 5, Informative

    Since the CAD is currently weaker than the dollar, having declared it in USD instead of CAD would be adverse to the government, which actually makes it easier. (It depends on the exchange rate at the date of export, but based on today.)
    (Rulings adverse to the importer entered after Dec 2004 actually HAVE to come from a formal protest.)

    http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=e7f7df984a01d3c9478867fa0f872497&rgn=div5&view=text&node=19:2.0.1.1.19&idno=19

    19CFR 173:
    Â 173.1 Authority to review for error.
    Port directors have broad responsibility and authority to review transactions to ensure that the rate and amount of duty assessed on imported merchandise is correct and that the transaction is otherwise in accordance with the law. This authority extends to errors in the construction of a law and to errors adverse to the Government as well as the importer.
    [T.D. 70-181, 35 FR 13429, Aug. 22, 1970, as amended by T.D. 79-221, 44 FR 46830, Aug. 9, 1979]

    Â 173.2 Transactions which may be reviewed and corrected.
    The port director may review transactions for correctness, and take appropriate action under his general authority to correct errors, including those in appraisement where appropriate, at the time of:
    (a) Liquidation of an entry;
    (b) Voluntary reliquidation completed within 90 days after liquidation;
    (c) Voluntary correction of an exaction within 90 days after the exaction was made;
    (d) Reliquidation made pursuant to a valid protest covering the particular merchandise as to which a change is in order; or
    (e) Modification, pursuant to a valid protest, of a transaction or decision which is neither a liquidation or reliquidation.

    Â 173.4a Correction of clerical error prior to liquidation.
    Pursuant to section 520(a)(4), Tariff Act of 1930, as amended (19 U.S.C. 1520(a)(4)), the port director may, prior to liquidation of an entry, take appropriate action to correct a clerical error that resulted in the deposit or payment of excess duties, fees, charges, or exactions.
    [T.D. 85-123, 50 FR 29957, July 23, 1985]

    Â 162.23 Seizure under section 596(c), Tariff Act of 1930, as amended (19 U.S.C. 1595a(c)).
    (...)
    (d) Seizure under 19 U.S.C. 1592. If merchandise is imported, introduced or attempted to be introduced contrary to a provision of law governing its classification or value, and there is no issue of admissibility, such merchandise shall not be seized pursuant to 19 U.S.C. 1595a(c). Any seizure of such merchandise shall be in accordance with section 1592 (see  162.75 of this chapter).

    As I understand the circumstances, on importation he performed what's called 'prior disclosure' - (Â 162.74 Prior disclosure.) identifying orally or in writing to the customs officer of the violation, before an actual investigation was begun. In this case the importer is supposed to tender any potential penalties/duties (in this case, none, since the import value was actually LOWER than declared) .

    And finally:
    Â 162.75 Seizures limited under section 592, Tariff Act of 1930, as amended.
    (a) When authorized. Merchandise may be seized for violation of section 592, Tariff Act of 1930, as amended (19 U.S.C. 1592) only if the port director has reasonable cause to believe that a person has violated the statute and that
    (1) The person is insolvent,
    (2) The person is beyond the jurisdiction of the United States,
    (3) Seizure otherwise is essential to protect the revenue, or
    (4) Seizure is essential to prevent the introduction of prohibited or restricted merchandise into the Customs territory of the United States.
    (b) No seizure if prior disclosure. Under no circumstances shall merchandise be seized under the authority of 19 U.S.C. 1592 if there has been a prior disclosure of the violatio

    --
    -Styopa
  63. Re:so what? by garyebickford · · Score: 3, Informative

    I'm a boat owner (cruising sailboat, presently 'dry' while I repair the hull). The boatyard where it is kept includes boats and owners of all kinds. The majority of boat owners in my experience in New England is carpenters, guys who have a small business (single restaurant, dry cleaning shop, a guy who transports cars for a living, etc.) There are a few doctors and lawyers, a couple of $1MM+ catamarans, but most of the boats were bought used for $10,000 to $100,000. These folks are just everyday folks. Some people ski for a hobby, some drive boats around. The annual cost for most boat owners is about the same as the skiers - marina costs run $3000 to $10,000 per year depending on the boat, the location, and the amenities. If I had my boat in the water, at the two places I've been it would be costing me either $75 or $105 per foot for six months. It's a 44 foot boat for the purposes of calculating the cost.

    Power boat prices have been down just like house prices because many people used their house equity to get into a boat that was too big & expensive, the value of the boat was less than they owed, and they let boat got repossessed right before or after their house got foreclosed. The price of fuel is also a big consideration for power boats - a 36 foot power boat with twin 340-HP gas engines may burn from 1/6 to 2 gallons per mile depending on how you drive it - below 'hull speed' of 6 knots or thereabouts, boats are much more efficient. A "Cigarette"-typeT go-fast boat may cost $100 per hour to drive.

    For two or three years there has been a glut on the market, especially at the very low end - a lot of folks just walked away from their old, paid-for boat, leaving the marina to finally take the boat for the back slip fees. So you can go to most marinas right now and find a pretty good boat that maybe needs a bit of work, and the marina may just give it to you if you will pay a year's slip fees in advance.

    Sailboat prices did not slump the same way, in part because apparently sailboaters tend to be more conservative about money - i.e. they're cheap. :) They tend not to buy more boat than they could afford. But according to the folks at the boat show I just attended, things are picking up at all levels.

    --
    It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
  64. Re:Your tax dollars at work... by SuricouRaven · · Score: 5, Insightful

    How would gun control make a difference? Are you proposing that when the customs thug takes your boat, you should shoot them and drive it off into the sunset? Because the government has a lot more guns than you, and a police force highly trained in their use. Unless you are planning on holding a full-blown revolution and storming Washington, your guns aren't going to protect you from the government.

  65. Re:so what? by garyebickford · · Score: 4, Interesting

    Actually the parent is correct. The vast majority of boats really are owned by Joe and Sam the carpenters down the street. Go to most boatyards or marinas, and you'll be able to meet them. Some marinas are definitely gold-plated, but in most cases it's a Bud Light crowd.

    Interestingly, in most cases also, the folks in boats don't care how much you make - I've had many a beer sitting around a fire with a guy who owns a $1million + catamaran on one side and a guy who cleans houses for a living with a 25 foot fishing boat on the other. They've known each other for years, and they're both welcome any time on the other's boat. And they both dislike the 'boat snobs' who think the size of their tool makes them important ;) Boat people mostly respect each other because of their common interest - even with the mostly-friendly dichotomy between 'rag-boaters' (sailors) and 'stinkpotters' (power boaters).

    There's a Creedence Clearwater song about "people on the river". It's mostly true.

    --
    It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
  66. Re:so what? by deadweight · · Score: 3, Insightful

    If DHS steals a rich person's boat, they can get another. If they steal MY boat, that is pretty much most of my net worth gone. So GO RICH PEOPLE - Get as much publicity as you can if DHS abuses you. It will make it better for me too!

  67. Re:No way... by BlueStrat · · Score: 4, Insightful

    Pretty sure most of the states are going to beat him to it.

    Hmm, it's almost like a majority of the population is ok with it.

    Damn politicians, bending to their whims.

    Does not matter. Passing laws, enacting regulations, issuing EO's does not trump the Constitution. It's no different than if the government passed a law or regulation that authorized DHS to conduct random no-warrant, no-probable-cause house searches, or passed laws restricting the right to vote based on skin color.

    If the majority are in favor of restricting/altering the 2A , then it shouldn't be any problem to follow the established procedure to amend the Constitution. The simple fact that none of the anti-gun people will even attempt to start the amendment process is proof that they don't think the majority agrees with them.

    Once it's OK to "go around" the Constitution on the 2A, then that opens the door to the rest of the Bill of Rights being neutered. Either the Constitution is valid or it is not. There is no middle ground.

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  68. This happened to me by Jmc23 · · Score: 3, Informative

    going the opposite direction. I just notated on the form which information was false but that the agent insisted I needed to sign it regardless of whether it was true. They didn't seem too happy about that but let me through anyways.

    --
    Don't complain about syntax, grammar, or spelling. There is no.hell like input on android.
  69. Re:so what? by jammer170 · · Score: 3, Insightful

    Then why didn't the agent simply tell Arrington to do so? She should be far more familiar with the paperwork and process than he is. His suggestion was not unreasonable, but the agent's response sure as hell was.

    --
    Remember, you can't look dignified when your having fun! Don't take life too seriously, you'll never get out of it alive
  70. Re:No way... by hawguy · · Score: 4, Insightful

    Oh, wait... you were talking about the DHS agent? No. She didn't abuse her power. She, as he insisted, followed the letter of the law. No paperwork, no boat.

    It wasn't *his* paperwork that was wrong, it was the US Government's paperwork. As an agent of the Government, it should be incumbent upon her to help correct it. Or rather than seizing the boat, why didn't she just turn him around and send him back to Canada to await corrected paperwork.

  71. Re:so what? by rhsanborn · · Score: 4, Informative

    This was addressed in the comments on the article. He offered to make the change, the agent informed him he wasn't allowed to change the form.