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Homeland Security Wants To Subpoena Techdirt Over The Identity Of A Hyperbolic Commenter (boingboing.net)
Techdirt is in hot water with the Department of Homeland Security all thanks to a commenter known as Digger. Techdirt's Tim Cushing published a story about the Hancock County, IN Sheriff's Department officers who stole $240,000 under color of asset forfeiture. In response to the story, Digger wrote, "The only 'bonus' these criminals [the Sheriff's Department officers] are likely to see could be a bullet to their apparently empty skulls." The Department of Homeland Security then contacted Techdirt to ask whom they should send a subpoena to in order to identify Digger. Masnick is worried the subpoena could come with a gag order. "Normally, we'd wait for the details before publishing, but given a very similar situation involving commenters on the site Reason last year, which included a highly questionable and almost certainly unconstitutional gag order preventing Reason from speaking about it, we figured it would be worth posting about it before we've received any such thing," Masnick writes.
The only 'bonus' these criminals [the Sheriff's Department officers] are likely to see could be a bullet to their apparently empty skulls.
So it looks like "homeland security" should be renamed STASI/NKVD/etc. They appear to be going after people for wrong-think, just like other state security apparatus of yesteryear in various communist countries.
Om, nomnomnom...
This is the worst thing that ever happened of all time. When I'm president, I'm going to make subpoenas so massive it'll make your head spin. They will be tremendous, tremendous subpoenas.
You are welcome on my lawn.
Steal my money under asset bullshit and I may very well put a bullet in your head.
If you offer anonymous comments? Tell them the IP address is 127.0.0.1 and that's all you know.
What can they do? Through you in jail and civil forfeiture all your stuff. Thanks for playing. You don't think you've broken any laws today? You are probably breaking one right now and you don't know it. If they want to arrest you, they will.
Come on man, you know this.
From day one I have feared and loathed the use of the name Father^h^h^h^h^h^h Homeland Security. I did and continue to say; What the absolute fuck? Does no one else see the irony. And then they started acting the part.
Bet he keeps his eccentricity below 1 next time.
Getting out in front of the predictable gag order and bringing attention to this was ballsy and smart. Of course now DHS will probably start gag-ordering the pre- subpoena request... But thanks techdirt staff for shining the light.
This comment is fully compliant with RFC 527.
Most of the time, civil forfeiture doesn't even require any laws to be broken. The charges are brought against the property itself, not the owners. Many cases the "charges" against the actual real humans never go through, but the property is never returned without thousands spent in court to get it back. The police often count on the fact that it costs $5k+ to fight them, so they KNOW that anything stolen under that is "free stuff".
Who is Masnick? Oh right, its the editor of Techdirt. Ok now the article makes some sense.
Agreed.
Yes, the editorial standards of style have dropped pretty low here. He should have been identified by his position, just as they would have done in a proper paper or periodical.
In journalism, anytime a person is mentioned it's standard practice to make reference to who he/she is in relation to the story, but slashdot often dispenses with those conventions.
Just cruising through this digital world at 33 1/3 rpm...
Banditry is normally punishable by death. Civil asset forfeiture is banditry.
Also, assuming someone does up and spend (at least) $5k to get some lesser amount back, the perpetrators know that nothing else will happen to them. There's no penalty for trying, so hey, why not try?
Informative graph: Civil forfeiture in the United States amounts to billions of dollars every year.
I've fallen off your lawn, and I can't get up.
Don't you understand that our highly trained police and other LEOs are only doing what they KNOW - because they are omniscient - is best for all of us. Can't you accept that you are just a slimeball that is not worthy to polish their shoes, as they slave every day to ensure that nothing nasty will ever happen to you again...
The original Techdirt comment:
The only "bonus" these criminals are likely to see could be a bullet to their apparently empty skulls.
The person wronged probably knows people who know people in low places who'd take on the challenge pro-bono, after a proper "cooling-off" period.
WTF? Digger is simply speculating that the victim of the forfeiture proceeding might be pissed off enough to go after the terminal kind of revenge. That seems like a reasonable speculation to me, and does not constitute a threat.
However, perhaps more to the point is the comment Digger posted immediately prior to the one quoted in TFS:
Everyone on the government side of this should have grand theft and / or larceny charges filed against them, and double the jail time as it is a slam dunk case.
They did not follow proper procedures, they no longer have the protection or immunity to prosecution normally afforded to government agents.
By failing to follow procedure, they've shown their true colors and should be treated as the criminals that they are.
I suspect the DHS, and whichever other TLAs and LEOs stepped on their own dicks in this case, are more upset about the comment Digger posted first, and are only using the one he posted next as a flimsy excuse to go hunting. Frankly, if they really believe Digger poses or is connected to a threat, then they might as well be the Keystone Cops. And if they DON'T believe in the threat, then they're bullies and thugs. Either way, they all need to be dismissed and barred from any further government jobs.
'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
Yeah, hyperbole saying he'll burn in hell or something is one thing, but threats of violence are not automatically hyberbole. Simply [secretly] not planning to do it, and just saying you will, is not an attempt to communicate exaggeration.
Hyperbole is an exaggerated comment not meant to be taken literally. If you straight out say something threatening, without any clear exaggeration, then it isn't obviously hyperbole. I'm not sure what the source of the "hyperbole" claim even is. Techdirt, I guess? The comment may or may not have been a poorly executed attempt at hyperbole; or it might have been a threat. My advice, if you're making comments that involve the police, and violence, make a clear exaggeration. Don't just deadpan a threat and rely on people trusting that you're a good person and so it just must have been exaggeration.
Threatening to send Voldemort or a Klingon Bird of Prey to wipe them out, that is clear hyperbole. A "bullet to their... skull" is just not obviously hyperbole, especially in the context where firearms are commonly possessed, and in fact a constitutional right. If somebody said that about me, I'd have to start carrying inflatable ninjas in my pocket for protection.
And if you run a website that has comments, expect to get some subpoenas, especially if you don't delete, redact, or otherwise squelch comments describing violence in the context of real humans.
I was just in the children's book section at Target, and two guys were talking...
"That's fucked up. You gotta respond yo..."
Met by, "Yeah... That fucker is going to get murdered..."
Guess what? There is *zero* fucking chance that these guys are actually going to murder someone. This is San Francisco, and these clowns are just posturing. If that sort of casual idiocy was sufficient cause for subpoena and/or warrant, DHS would have to deputize every US citizen to serve court orders.
And even more importantly, this comment is not a direct threat of violence. It is a statement of likely outcome, which, like Trump's stupid "riots" comment, doesn't rise to the level of iminent threat.
Proof please.
$104 million taxpayer dollars produced ZERO convictions of ANY of Clinton's employees for acts on his watch or theirs.
Contrast with the 32 convicts, holding an astonishing 129 felony pleas or convictions between them under Raygun
Or 41's 16 (not counting the 8 unconstitutionally PARDONED BEFORE TRIAL (coverup?).
Or 43's 15.
Contrast Carter and Obama to the above Rogue's gallery
Hate all you want, but remember who actually does the deed and has suffered for having been PROVEN to do the deed.