Techdirt. Stories filed under "arrested"

So It's Come To This: Seven High School Students Arrested For Throwing... Water Balloons

Tim Cushing — Wed, 22 May 2013 09:12:35 PDT

The weather's (mostly) hot. School's almost out. And what better way to celebrate summer being almost here than being arrested and charged with a misdemeanor for throwing water balloons.

Hail academia, forever teaching our youth that anything and everything will be punished to the fullest extent of the law, even childhood hijinks our parents would have approved of, if only they weren't so busy being arrested themselves.

Seven teenage students in North Carolina were arrested on Thursday and charged with a misdemeanor for throwing water balloons during a school prank. A parent was also arrested during the incident.

The seven boys, all between the ages of 16 and 17, threw balloons filled with tap water as an end-of-year prank at Enloe High School in Raleigh. The balloons were rumored to be filled with “other substances,” but Wake County Public School System spokeswoman Renee McCoy said “all indications” were that only water was used.

Six of the teens were charged with disorderly conduct. The seventh was charged with assault and battery for hitting a school security officer with a balloon.

You've got to respect the uniform -- even if that uniform is a 50/50 polyester/ugly blend. If other students, teachers and administration staff get hit, that's a ~~paddlin'~~ simple "disorderly conduct" (a.k.a., the cop's best friend). And if you can't respect the security guard's uniform, you had damn well better respect the boys in blue, or you'll get thrown to the ground for throwing water balloons.

Kevin Hines, the parent who was arrested, was just acting out of concern for a student's wellbeing. No good deed goes unpunished, not when we're sending cops after kids armed with water balloons.

Kevin Hines said saw Raleigh police officers acting aggressively towards a student they were arresting when he drove up to the school.

"Being lifted up by the neck and taken down hard," Hines said.

Hines said he tried to intervene was but was told he didn't know the whole story. Hines complied and said he wished to speak to the principal.

"You're just trying to cause trouble. Get out," Hines said an officer told him.

Hines said he then attempted to talk to a lieutenant but was approached by two officers and threatening with a TASER. Hines said he told the officers that wasn't necessary.

"They arrested me on grounds of trespassing," Hines said. "So, they put cuffs on me and carried me away."

Swell. An unarmed parent who's concerned that someone (NOT A COP) might get hurt is handcuffed, threatened with a taser and charged for "causing trouble," which apparently goes on the books as "second degree trespassing."

Another parent is "causing trouble" as well, although this might be the kind of trouble that sticks:

The mother of an Enloe High School student has filed a complaint with the Raleigh Police Department after an officer threw her son to the ground Thursday as police responded to a water balloon battle at the school.

Call me naive, but I never thought I'd ever read a sentence this incongruous in my life: "...as police responded to a water balloon battle..." Tase me. Tase me now, lord. At least it wasn't a water pistol fight. Martial law would have been declared and the National Guard called in.

Here's the school's official statement on the "event."

Renee McCoy, a representative of Wake County Public Schools, said they rely on the training of the Raleigh Police Department in these situations. "We leave those decisions up to Raleigh PD," McCoy said.

Punt.

Seven kids with misdemeanors on their records ("released on bail" -- I am not kidding) for throwing weaponized water. I'm not really sure what schools are teaching kids at this point -- that every minor infraction must be dealt with swiftly and brutally? That violating school policies is a criminal offence? Whatever they're trying to teach by jettisoning critical thinking and replacing it with zero tolerance cops on speed dial, it's not getting through. All students are going to learn is that school administration has farmed out its disciplinary responsibilities to a variety of humorless, uniformed thugs -- some private, some public -- and that there really is no crime too small.

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Carlos Miller Arrested (Again) For Perfectly Legal Photography

Tim Cushing — Mon, 28 Jan 2013 20:01:00 PST

Thanks to an enforced climate of fear, law enforcement and security agencies remain deeply suspicious of photography in public places. Despite the fact that most public places are now covered in cameras erected by law enforcement and security, the prevailing view seems to be that a member of the public "armed" with a camera is a threat that should be dealt with immediately. The law is rarely on the side of those doing the law enforcement, oddly enough, but that doesn't stop them from trying.

Armed with ignorance, along with guns, tasers, nightsticks and the safety of numbers, these enforcers continue to violate the rights of citizens, often destroying evidence of their misguided actions in the process.

Carlos Miller is one of those fighting back against these attempts to curb rights solely through intimidation. Petapixel reports on Miller's latest run-in with the law, or rather the Miami Metrorail security force, 50 State.

Photographer, blogger, and photographers rights’ activist Carlos Miller has made headlines quite a few times over the past few years with his legal rumbles with authorities over photography in public places. Miller, who often instigates the disputes for the purpose of bringing photographers’ rights into the spotlight, recently had another big confrontation with authorities in Miami (it’s not the first time it has happened).

According to Miller, his friend was photographing Dade County Courthouse from the rail platform and he was photographing his friend... Miller says that they were spotted by a security guard and warned over a loudspeaker to stop shooting photographs. When they didn’t put their cameras away, security guards arrived to confront them.

As is usually the case when the enforcement agency is operating on little more than a combination of gut instinct and vague directives, the security guards spent a bit of time shuffling through their deck of possible charges in hopes of making one stick.

First, they told Miller that it was illegal to photograph the rail portion of the train, something that is completely false. According to Eric Muntan, Chief of Safety and Security of the metro, noncommercial photography is "perfectly fine." (Which didn't stop Miller from receiving a completely unenforceable "lifetime ban" from the Metrorail.)

When challenged on this claim, the responding guard switched over to accusing Miller of being drunk because he smelled alcohol on his breath. Again, there's nothing illegal in Miami about being drunk in public (Miller states he had three drinks in two hours while watching a football game) -- one has to be considered a "threat to public safety" before it's considered a crime.

At that point, they decided trespassing might be the way to go, considering they'd asked Miller to leave and he hadn't. When nothing else worked, the guards wrestled him to the ground, seized his camera, seized the camera his friend was holding (temporarily), before cuffing them both and turning them over to the Miami PD. Miller notes that the guards "surprisingly" returned both phones before releasing them to Miami-Dade law enforcement.

At that point, the police began arguing about what to charge the pair with (while making it a point to mention that they hadn't deleted the footage captured earlier -- Miller is rather well known in the Miami law enforcement community), finally deciding on "producing loud or excessive noise" and released Miller and his friend, but not before handing out a $100 citation.

So, the end result is nothing illegal occurred and yet, two people were cuffed and delivered to the police department and handed a $100 fine for "loud noise," most of which was actually created by the three security guards. While no one expects a third-party security team to be familiar with all the legal aspects of their coverage area, one would at the very least expect them to know what comprises legal photography, especially considering the safety chief's directive. This sort of thing applies directly to 50 State's security responsibilities. The fact that this whole situation began with a loudspeaker announcement directing the pair to "stop taking pictures" gives it another layer of unseemly Big Brother-ish state-ordained paranoia. There was no legal basis for the stop and no evidence of any wrongdoing, but those "securing" the Metrorail went ahead and shut them down anyway, because that's the attitude fostered all the way up the line to the DHS.

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Did The US & Sweden Team Up To Get Cambodia To Arrest The Pirate Bay Founder... About Something Unrelated To TPB?

Mike Masnick — Thu, 6 Sep 2012 01:41:22 PDT

Over the weekend, when the news broke that Gottfrid Svartholm, the founder of The Pirate Bay, had been arrested in Cambodia, I didn't think too much of it. It was well known that he was in that part of the world, and you had to figure that sooner or later he'd be tracked down. Despite claims that he was too ill to show up for the appeal of The Pirate Bay trial in Sweden, many questioned if he was just hiding out in southeast Asia to avoid any potential jail time. Over the past few days, some additional info has come out that is certainly raising eyebrows, even if the evidence is circumstantial. And the biggest bit of news may be that his arrest might not even be about The Pirate Bay.

Either way, let's start with the basics. First, Cambodia has admitted that it will be deporting Svartholm, even though there's no extradition treaty between Cambodia and Sweden. Of course, deportation and extradition are not the same thing, and you don't need an extradition treaty to deport someone. But it is still notable.

But then there are two bits of news that seem like quite the coincidence. First up: Ron Kirk, the US Trade Rep, and the main US government official responsible for ACTA and the TPP... just happened to be in Cambodia the very day that Svartholdm was arrested... and, the very next day, Sweden just happened to announce a $59 million "aid package" with Cambodia. Is it any wonder that some are asking if Sweden basically paid Cambodia to arrest Svartholm... and if the US had a helping hand in all of this?

At this point, it certainly could all be a coincidence -- which is the direction I tend to lean for the time being -- but it is quite a coincidence. We already know that the US government has been heavily involved in getting Sweden to put The Pirate Bay on trial. In fact, the US's deep involvement in Swedish copyright laws and policies has been a source of friction with some Swedish officials. Furthermore, Ron Kirk's entire role is about negotiating agreements and treaties between countries -- so the fact that a Swedish/Cambodia deal came together just as he was in the country? It certainly wouldn't be shocking to find out that he had a hand in making the deal happen.

But, let's add in one more bit of info. Svartholm's fellow TPB'er Peter Sunde is claiming that the arrest is not related to The Pirate Bay, though other reports claim otherwise. Some other friends are also insisting that it's not related to TPB, though I will admit to being skeptical. More surprising, perhaps, is Sunde's suggestion that the arrest may actually have more to do with Wikileaks, which Svartholm's company used to host, rather than The Pirate Bay... Of course, if that's the case, it doesn't discount the involvement of the US or Sweden (and might only reinforce it). Though it does add an element of... oddity to the whole situation.

Of course, even if the arrest is about something else, if he does end up being shipped back to Sweden, the TPB issue won't just go away. And it's likely that whoever is involved -- whether it's these other two governments or not -- recognizes that as well.

Update: TorrentFreak is now reporting that the arrest is about a tax hack:

Svartholm’s arrest is related to a hacking operation that may date back to 2010.

The hack targeted Swedish IT company Logica, which supplies services to the Swedish tax office. Earlier this year the hack made the headlines when the tax numbers of 9,000 Swedes leaked online.

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Spamford Wallace Surrenders To The FBI; May Finally Go To Jail

Mike Masnick — Fri, 5 Aug 2011 15:33:00 PDT

If you're an internet "old timer" who paid attention to the early "spam wars," you know the name of Sanford "Spamford" Wallace. While plenty of people have been described as "the spam king," he was the original kingpin (starting in the junk fax business, and then moving on to email in the mid-90s). He was proud of being called the spam king... but after the business started to become risky, he claimed that he "retired" in the late 90s, and (partially) owned a nightclub. However, the lure of the spam was apparently too much. He jumped into the spyware business and ran into trouble with the FTC. Things got weird when Wallace disappeared and his lawyer asked to withdraw from the case, noting that he couldn't reach Wallace. Wallace was hit with a massive fine from the FTC, which it appears he ignored.

He then moved on to spamming MySpace, which got him sued. His strategy was established: he just ignored the lawsuit. The end result? A $234 million fine. Of course, MySpace went downhill and up came Facebook. Facebook sued him in 2009 and won an astounding $711 million. This time, Wallace actually did show up in court, but claimed he was totally bankrupt. We wondered, at the time, if there was actually anything that could be done to stop him, since he seemed to just keep on spamming, and the fines (and some of the cases themselves) being issued against him were just ignored. There were some questions two years ago if he'd finally be brought up on criminal charges, and it appears that's finally happened.

Wallace apparently surrendered to the FBI after an indictment last month. He's now facing 40 years in jail and a potential $2 million fine (which seems like nothing compared to the earlier fines).

Some of the details in the article also suggest that Wallace simply couldn't stay away from Facebook, despite a court order not to access the site at all:

Wallace, who was ordered by U.S. District Court Judge Jeremy Fogel in 2009 not to access Facebook, was also charged with violating that order by accessing the social network on an airline flight from Las Vegas to New York in April 2009 and by maintaining an account under the name David Sinful-Saturdays Fredericks for a few weeks earlier this year.

I will say that 40 years sounds excessive. However, it also seems clear that he has no interest in following the law when it comes to these things.

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Two Reporters Arrested For Daring To Photograph/Videotape Public DC Taxi Commission Meeting

Mike Masnick — Tue, 28 Jun 2011 10:22:37 PDT

It really is quite amazing how so many authority types these days can't seem to comprehend the idea that people can and will take phones and record public events. Sinan Unur alerts us to the news of how two reporters were arrested in Washington DC while attending a public meeting of the DC Taxi Commission, which was meeting over a planned medallion system for taxis (used in many other cities, but somewhat controversial due to the ability to artificially restrict the market). Apparently, a reporter by the name of Pete Tucker was arrested for taking a photograph, and then Reason's Jim Epstein filmed the arrest and subsequent outrage by pretty much everyone in attendance. He then tried to leave, and the police tried to get his camera and then arrested him as well. You don't see him arrested in the video, but the woman at the end who declares that he has no right to film her (false, since this is a public place) apparently is told by a police officer that Epstein's phone would be turned over to her, which raises questions as to why police would be handing a phone over to someone else.

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Artist Facing 15 Years In Jail For The Crime Of Videotaping His Own Arrest

Mike Masnick — Tue, 25 Jan 2011 10:15:00 PST

Yesterday, we wrote about a woman who was facing 15 years in jail for using her cameraphone to videotape part of her effort to get Internal Affairs of the Chicago Police Department to investigate an officer, whom she claims sexually assaulted her. Apparently, this sort of situation is not unique in Illinois. Another story this week tells about an artist who set out to do a reasonable bit of civil disobedience: to protest a Chicago ordinance concerning where and when he could sell artwork on the street. He intended to get arrested for that misdemeanor by selling his art. As part of this, he had a First Amendment lawyer with him... and a video crew. Well, he did get arrested, but not for the misdemeanor of selling artwork in the wrong spot, but for the same felony of eavesdropping and is facing the same 15 years in prison as the woman we spoke about yesterday. Apparently, a big part of the problem is Illinois' Eavesdropping Act, which seems to create this ridiculous situation. Of course, the fact that prosecutors are actually moving forward with charges on such things is equally ridiculous. It's a good reminder of a reason to stay away from Chicago.

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What's Illegal About Using Twitter To Organize Protests?

Mike Masnick — Mon, 5 Oct 2009 17:33:00 PDT

A bunch of folks have been sending in various versions of the story of a guy (described as an "anarchist") who was allegedly arrested for using social media tools like Twitter to organize protesters at the recent G20 Summit in Pittsburgh. The specific charges are for "hindering prosecution," but it seems like there must be some details missing. All around, the whole thing sounds pretty extreme. What's illegal about organizing protesters?

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Woman Arrested For Threatening To Hold Broadband Repair Guy Hostage

Mike Masnick — Wed, 3 Sep 2008 11:42:00 PDT

Given the ridiculous run around that many of us have received from our broadband providers, you can probably understand the frustration that playwright Carol Sinclair went through after needing to talk to approximately 20 different tech support folks at her broadband provider, before they finally sent a tech out to her place to see what the deal was. That frustration apparently resulted in a bit of rudeness, which she readily admits, though she explained her frustration to the tech as he entered. However, when the technician told her it wasn't the broadband service provider's fault and he couldn't fix her problem, she allegedly told him she was keeping him hostage until he fixed her internet (found via Slashdot). Having "been there" it's not difficult to understand that the phrase came out of pure frustration, and certainly wasn't meant to be taken literally. Except, the guy did take it literally and "escaped" (though, it doesn't sound like she made any real effort to stop him) by claiming he needed something from his van to fix her connection, and then driving off. He then contacted the police, who arrested Sinclair for her attempted hostage-taking.

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DJ Arrested For Selling Pre-Release Promo CDs On eBay

Mike Masnick — Tue, 17 Jun 2008 08:08:00 PDT

Just days after a US court ruled that selling promo CDs sent out by the recording industry is perfectly legal, Techdirt reader cram writes in to let us know of a DJ and music reviewer in London who was arrested for doing exactly the same thing. The only difference in this case was that the guy was selling the CDs before they had been released. Still, this seems positively ridiculous. As we had just noted, while some places do treat pre-release leaks differently, UK law does not. Furthermore, he's being charged with theft and money laundering. He was turned in by the IFPI, which apparently thinks that jailing the folks who promote your product is a good thing. What's not entirely clear from the article is whether this guy was sent these CDs by the labels in the first place. However, it does sound like he got them as part of his role as a DJ and reviewer, since the IFPI even mentions that "people who have access to pre-release music by virtue of their job," should watch out. If he really was "stealing" them, that's one thing -- but if the industry was sending them to him to promote the CDs, then hopefully the UK courts will react similarly to the US courts and quickly throw this out. Once they've sent him the CDs, they're his. They're no longer the record label's. That he was arrested for selling something willingly given to him to promote seems ridiculous.

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