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<title>Techdirt. Stories filed under &quot;arrests&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;arrests&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Thu, 28 Feb 2013 11:56:00 PST</pubDate>
<title>Japanese Law Enforcement Uses New Copyright Law To Arrest 27 File Sharers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130228/10465722152/japanese-law-enforcement-uses-new-copyright-law-to-arrest-27-file-sharers.shtml</link>
<guid>http://www.techdirt.com/articles/20130228/10465722152/japanese-law-enforcement-uses-new-copyright-law-to-arrest-27-file-sharers.shtml</guid>
<description><![CDATA[ Last year, we noted that Japan had put in place ridiculously draconian copyright laws that <a href="http://www.techdirt.com/articles/20120625/03200019461/japan-criminalizes-unauthorized-downloads-making-dvd-backups-maybe-watching-youtube.shtml">criminalized</a> unauthorized downloads, DVD backups and even watching infringing YouTube videos in some cases.  And, of course, what good is a law if it's not used?  So, Japanese law enforcement apparently went on a big raid, <a href="http://torrentfreak.com/japanese-police-arrest-27-file-sharers-in-nationwide-show-of-force-130228/?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">searching 124 locations and arresting 27 people</a>.  Those arrested may face between two and ten years in jail, because that's a reasonable punishment for sharing something.  I don't see how this makes anyone respect copyright any more, or gives anyone any additional incentive to support the legacy players who are using this system to put fans in jail.<br /><br /><a href="http://www.techdirt.com/articles/20130228/10465722152/japanese-law-enforcement-uses-new-copyright-law-to-arrest-27-file-sharers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130228/10465722152/japanese-law-enforcement-uses-new-copyright-law-to-arrest-27-file-sharers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130228/10465722152/japanese-law-enforcement-uses-new-copyright-law-to-arrest-27-file-sharers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>lock-'em-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130228/10465722152</wfw:commentRss>
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<pubDate>Fri, 9 Nov 2012 03:31:55 PST</pubDate>
<title>Abuse Of India's Information Technology Act Results In India's First Arrested Twitter User</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121106/16174720954/abuse-indias-information-technology-act-results-indias-first-arrested-twitter-user.shtml</link>
<guid>http://www.techdirt.com/articles/20121106/16174720954/abuse-indias-information-technology-act-results-indias-first-arrested-twitter-user.shtml</guid>
<description><![CDATA[ India&#39;s somewhat schizophrenic relationship with privacy and freedom of speech <a href="http://www.techdirt.com/articles/20120917/11374120406/india-kyrgyzstan-ramp-up-internet-monitoring-censorship-efforts.shtml" target="_blank">has been discussed here before</a>. The Indian government, on one hand, seems to want to do the right thing and safeguard its citizens from censorship and surveillance... but only up to a point. Once the going gets rough (i.e., outbreaks of violence, demonstrations), the government begins ramping up its surveillance and cracking down on free speakers.<br />
<br />
Given this background, it&#39;s a bit surprising to hear that India has only just recently chalked up its first Twitter-related arrest. After all, <a href="http://www.techdirt.com/articles/20100118/1051427801.shtml" target="_blank">the UK</a> and <a href="http://www.techdirt.com/articles/20091005/1150376428.shtml" target="_blank">the US</a> have been doing it for years already. The person on the <a href="http://www.bbc.co.uk/news/world-asia-india-20202275" target="_blank">receiving end of this unfortunate record-setting event made the mistake of criticizing a politician</a> (of course).
<blockquote>
<i>On 20 October, he (Ravi Srinivasan) <a href="https://twitter.com/ravi_the_indian/status/259444581714771969" target="_blank">posted a tweet</a> to his 16 followers saying that <a href="http://www.karti.in/index.aspx" target="_blank">Karti Chidambaram</a>, a politician belonging to India&#39;s ruling Congress party and son of Finance Minister P Chidambaram, had "amassed more wealth than Vadra".</i><br />
<br />
<i>He was alluding to Robert Vadra, son-in-law of Congress party chief Sonia Gandhi, who was at the centre of a political row after <a href="http://www.bbc.co.uk/news/world-asia-india-20091742" target="_blank">allegations over his links with a top Indian property firm</a>.</i></blockquote>
This message ("<i>got reports that karthick chidambaram has amassed more wealth than vadra</i>") went out to all of <i>16 followers</i> and somehow found its way to Karti himself, who responded like anyone else would when mildly insulted: by contacting law enforcement...
<blockquote>
<i>Karti Chidambaram (@KartiPC) did not take the tweet in good humour and filed a police complaint on 29 October.</i></blockquote>
&hellip; which immediately responded with the sort of speed reserved for appeasing angry politicians.
<blockquote>
<i>They arrested Mr Srinivasan early next morning, charged him under Section 66A of India&#39;s Information Technology [IT] Act, and demanded 15 days of police custody.</i></blockquote>
Srinivasan&#39;s single allegation could have been addressed through India&#39;s libel laws, but since that route takes time and money, the offended politician instead used the police department to take care of the "problem" by using the "sweeping power" of Section 66A of the IT Act of 2000.
<blockquote>
<i>[Section 66A] can send you to jail for three years for sending an email or other electronic message that "causes annoyance or inconvenience".</i><br />
<br />
<i>On the face of it, this protects citizens against online harassment.</i><br />
<br />
<i>In reality, the law is more often used by the state as a weapon against dissent. In each such case, police action has been swift and harsh.</i><br />
<br />
<i>In April, the West Bengal government led by Chief Minister Mamata Banerjee used Section 66A against a teacher who had emailed to friends a cartoon that was mildly critical of her.</i></blockquote>
Loosely worded laws, ostensibly designed to "protect" citizens, usually devolve into tools of censorship. For some strange reason, those with the most power are the ones who feel the most "threatened" by open criticism and dissent. It&#39;s little wonder that legislators are more than willing to push through open-ended "cyberlaws" that can be bent to fit any situation. The end result is this fact, which is perhaps least surprising of all:
<blockquote>
<i>And, interestingly, Section 66A has never been used against politicians.</i></blockquote>
To Srinivasan&#39;s credit, he refused to back down from his statement. In addition, his arrest and subsequent appearance on television led to him gaining another 2,300 followers, many of whom are wondering if his arrest was tied to his anti-corruption campaigning. Despite the public support of the arrested tweeter, the politician behind his arrest remains unrepentant, tweeting out this amazing statement in his own defense:
<blockquote>
<i>"Free speech is subject to reasonable restrictions. I have a right to seek constitutional/legal remedies over defamatory/scurrilous tweets."</i></blockquote>
There&#39;s nothing "reasonable" about arresting someone rather than following the "constitutional/legal remedies" set up by India&#39;s libel law. This is simple thug tactics being deployed by someone operating without fear of reprisal. Section 66A needs to be cleaned up if freedom of speech and privacy are going to be protected, rather than just paid lip service at convenient intervals.<br /><br /><a href="http://www.techdirt.com/articles/20121106/16174720954/abuse-indias-information-technology-act-results-indias-first-arrested-twitter-user.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121106/16174720954/abuse-indias-information-technology-act-results-indias-first-arrested-twitter-user.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121106/16174720954/abuse-indias-information-technology-act-results-indias-first-arrested-twitter-user.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>#guinnessbookofhorribleworldrecords</slash:department>
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<item>
<pubDate>Mon, 23 Jul 2012 11:15:00 PDT</pubDate>
<title>Publishing Execs Arrested, Face Jail Time, Because Book Tells People How To Back Up DVDs</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120723/08100319796/publishing-execs-arrested-face-jail-time-because-book-tells-people-how-to-back-up-dvds.shtml</link>
<guid>http://www.techdirt.com/articles/20120723/08100319796/publishing-execs-arrested-face-jail-time-because-book-tells-people-how-to-back-up-dvds.shtml</guid>
<description><![CDATA[ <p>Last month we wrote about a new copyright law in Japan whose punishments seemed so <a href="http://www.techdirt.com/articles/20120625/03200019461/japan-criminalizes-unauthorized-downloads-making-dvd-backups-maybe-watching-youtube.shtml">disproportionate</a> it was hard to take it seriously.  For example, downloading unauthorized copies or backing up content from a DVD were both subject to criminal penalties.  According to this story from Daily Yomiuri Online, <a href="http://www.yomiuri.co.jp/dy/national/T120717004410.htm">it looks like it's no joke</a>:

<i><blockquote>The Metropolitan Police Department arrested Yoshiaki Kaizuka, 43, an executive of Chiyoda Ward publisher Sansai Books Inc., and three other company employees on suspicion of violating the Unfair Competition Prevention Law, and sent papers on the firm to the Tokyo District Public Prosecutors Office. According to a senior police official, these are the nation's first arrests over the distribution of software to remove copy protection.</blockquote></i>

And their terrible crime?  Allegedly selling a book that told people how to make backup copies of DVDs.  That, of course, would involve circumventing the trivial copy protection on DVDs, which was enough to trigger the arrests, apparently.  But as a post on Wired.it points out, <a href="http://blog.wired.it/otakunews/2012/07/20/japan-police-arrest-anti-drm-journalists.html">if publishers can get into trouble under the new law so easily, so might others</a>:

<i><blockquote>It's interesting to note that Japanese cyber Police could arrest the Amazon Japan CEO too as the online giant is selling a lot of magazines, books and software packages for DVD copy and ripping: exactly what put in trouble Sansai Books staff.</blockquote></i>

The same post notes that many GNU/Linux distributions come with the <a href="http://en.wikipedia.org/wiki/Libdvdcss">libdvdcss library</a> which similarly allows the DRM system to be circumvented so that the DVD can be played, and would therefore fall foul of the new copyright legislation.  So does the Japanese government plan to go after all the Web sites offering such software, and all the users?
</p><p>
The current action probably doesn't presage a massive crackdown on every infringing use, since that would involve arresting a significant fraction of the Japanese population.  It's more likely to be an attempt to put the frighteners on people in the hope that everyone will stop downloading files and cease making backups.  As we know from similar situations, <a href="http://torrentfreak.com/swedish-internet-traffic-recovers-after-initial-ipred-scare-091113/">that may work for a few months</a>.  But once things die down, people will go back to doing what they did before until the next time the Japanese authorities decide to make an example of someone, and the whole pointless cycle begins again.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20120723/08100319796/publishing-execs-arrested-face-jail-time-because-book-tells-people-how-to-back-up-dvds.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120723/08100319796/publishing-execs-arrested-face-jail-time-because-book-tells-people-how-to-back-up-dvds.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120723/08100319796/publishing-execs-arrested-face-jail-time-because-book-tells-people-how-to-back-up-dvds.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>arrested-for-what?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120723/08100319796</wfw:commentRss>
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<pubDate>Fri, 23 Sep 2011 12:44:54 PDT</pubDate>
<title>Forget Being Arrested For Filming The Police, Now They're Arresting People For Sitting</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110922/17205716057/forget-being-arrested-filming-police-now-theyre-arresting-people-sitting.shtml</link>
<guid>http://www.techdirt.com/articles/20110922/17205716057/forget-being-arrested-filming-police-now-theyre-arresting-people-sitting.shtml</guid>
<description><![CDATA[ We've had a number of stories lately about people being arrested for <a href="http://www.techdirt.com/articles/20110805/16005515413/police-yet-again-arrest-someone-filming-them-saying-its-obstruction-justice.shtml">filming</a> the police.  Thankfully, <a href="http://www.techdirt.com/articles/20110919/03455916010/il-court-eavesdropping-law-violates-first-amendment-when-used-against-people-recording-police.shtml">two</a> court <a href="http://www.techdirt.com/articles/20110827/23285615713/appeals-court-arresting-guy-filming-cops-was-clear-violation-both-1st-4th-amendments.shtml">rulings</a> have suggested that such actions are perfectly legal.
<br /><br />
Of course, what good is that when the police are coming up with any reason possible to arrest people.  <a href="http://boingboing.net/2011/09/19/what-will-happen-to-the-police-officers-in-these-two-cases.html" target="_blank">Boing Boing</a> points us to a story of a police officer in Atlanta who <a href="http://www.ajc.com/news/atlanta/woman-i-was-arrested-1181947.html" target="_blank">arrested a disabled woman after throwing her to the ground</a>, after she refused to move from the chair she was sitting on.  When she refused to move, the officer grabbed her wrist and twisted her arm, causing her to fall to the ground, injuring her shoulder in the process.  After being taken to the hospital, she spent the night in jail for "disorderly conduct."  For sitting in a chair.
<br /><br />
The Atlanta Journal-Constitution report notes that a police review board reviewing the case found that she was falsely arrested, and also noted that the officer in question had made 38 arrests over a five-month period -- with 27 of them being similar charges of "disorderly conduct."  They noted that the 27 arrests were "three times the amount made by two other officers that patrol the same area, during the same shift."  All of this suggests an officer abusing his power, by simply claiming "obstruction" for anyone who doesn't follow his commands, even if there's no legal basis for them.  The board recommended that the officer, Kenneth Thomas, be disciplined.  To date, the police department has done nothing.
<br /><br />
There are, of course, always stories of police abusing their power, but it's for these reasons that the right to film police in their activities is important.  Good and honest police officers (of which there are many) should support such things.  If they're doing their job within the confines of the law, they should be happy to be filmed or photographed.<br /><br /><a href="http://www.techdirt.com/articles/20110922/17205716057/forget-being-arrested-filming-police-now-theyre-arresting-people-sitting.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110922/17205716057/forget-being-arrested-filming-police-now-theyre-arresting-people-sitting.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110922/17205716057/forget-being-arrested-filming-police-now-theyre-arresting-people-sitting.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>something-seems-wrong-here</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110922/17205716057</wfw:commentRss>
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<item>
<pubDate>Mon, 12 Sep 2011 13:00:16 PDT</pubDate>
<title>Guy Accused Of Being Part Of Anonymous Banned By Court From Using His Real Name Online</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110912/10255815907/guy-accused-being-part-anonymous-banned-court-using-his-real-name-online.shtml</link>
<guid>http://www.techdirt.com/articles/20110912/10255815907/guy-accused-being-part-anonymous-banned-court-using-his-real-name-online.shtml</guid>
<description><![CDATA[ Ah, the bizarre legal results of confused courts and confused laws.  Four of the people arrested in the UK and accused of being a part of the not-actually-a-group Anonymous last week won a small part of a court battle.  Prosecutors apparently had asked the court to bar the four from using Twitter or other social networking and chat services, such as TinyChat, arguing that "Anonymous as a group continues to be active."  The court decided that it would not issue such a complete ban, though it had already blocked them from using IRC.  Instead, it said that they could continue to use social networking and chat programs... <a href="http://www.forbes.com/sites/parmyolson/2011/09/07/court-lets-anonymous-suspects-keep-using-twitter/" target="_blank">but not use their existing online personas</a>.  It is, therefore, somewhat ironic that one of the people in question used his <i>real first name</i> as his online persona previously:
<blockquote><i>
Peter David-Gibson, aged 20 from Hartlepool, who went by the online nickname &ldquo;Peter&rdquo;
</i></blockquote>
Yes, you read that right.  A guy accused of being <i>Anonymous</i>, but who used his <i>real name</i> online, can now no longer use his real name... because he may have been a part of Anonymous.  That makes sense.<br /><br /><a href="http://www.techdirt.com/articles/20110912/10255815907/guy-accused-being-part-anonymous-banned-court-using-his-real-name-online.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110912/10255815907/guy-accused-being-part-anonymous-banned-court-using-his-real-name-online.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110912/10255815907/guy-accused-being-part-anonymous-banned-court-using-his-real-name-online.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>say-what-now?</slash:department>
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<item>
<pubDate>Fri, 2 Sep 2011 11:10:28 PDT</pubDate>
<title>Man Facing 75 Years In Jail For Recording The Police; Illinois Assistant AG Says No Right To Record Police</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110902/04163415790/man-facing-75-years-jail-recording-police-illinois-assistant-ag-says-no-right-to-record-police.shtml</link>
<guid>http://www.techdirt.com/articles/20110902/04163415790/man-facing-75-years-jail-recording-police-illinois-assistant-ag-says-no-right-to-record-police.shtml</guid>
<description><![CDATA[ Following on the news of a court in Massachusetts stating, clearly, that arresting someone for recording the police is a <a href="http://www.techdirt.com/articles/20110827/23285615713/appeals-court-arresting-guy-filming-cops-was-clear-violation-both-1st-4th-amendments.shtml">1st Amendment violation</a>, you'd hope that we'd start hearing fewer such stories.  And yet, as <a href="http://www.techdirt.com/profile.php?u=nickburns">Nick Burns</a> alerts us (followed by a few more of you), over in Illinois, a guy named Michael Allison appears to be <a href="http://boingboing.net/2011/08/31/man-faces-75-years-for-recording-police.html" target="_blank">facing 75 years in prison for recording the police</a>.  Similar to other cases, the police charged him with illegal eavesdropping under <a href="http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+14&#038;ActID=1876&#038;ChapterID=53&#038;SeqStart=30900000&#038;SeqEnd=32700000" target="_blank">an Illinois state law</a> -- in this case, five felony counts, each of which could get 15 years in prison.
<center>
<iframe width="560" height="345" src="http://www.youtube.com/embed/mNlJYSIzjoU" frameborder="0" allowfullscreen></iframe>
</center>
Even worse, the Illinois Assistant Attorney General is arguing that there is no such thing as a right to film the police.  Shouldn't there be a rule that if you're totally ignorant of basic Constitutional rights, you don't get to be Attorney General of anything?  The Allison case is particularly nasty.  It seems clear that it's a vindictive response to the fact that Allison challenged a fine he got for working on unregistered cars on his mother's property.   As happens all too often in these types of cases, the prosecutors have been offering Allison plea bargain deals, and I'd imagine they'll keep doing that as public pressure gets stronger.  It's the only way to save face against a ridiculous prosecution.  Allison is refusing to accept any plea deal.
<br /><br />
Also, if you watch the video above, it really shows the kind of chilling effects these arrests have.  In the middle of the video, the news reporter comes across some law enforcement officials and asks them some questions, but the station's lawyers refuse to let the reporter play the audio on air... because it might violate the very same law on which the reporter is reporting.  Later on, they do show some law enforcement officials -- including the Assistant AG mentioned above -- but only because they believe there's an exception to the law for journalists "at public hearings."
<br /><br />
The ruling in Massachusetts doesn't directly apply here, as these are different circuits, but that doesn't mean the court can't or won't pay attention, and I'm sure Allison's lawyers will highlight the Glik ruling in court.  Hopefully, the Illinois court finds the logic compelling.<br /><br /><a href="http://www.techdirt.com/articles/20110902/04163415790/man-facing-75-years-jail-recording-police-illinois-assistant-ag-says-no-right-to-record-police.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110902/04163415790/man-facing-75-years-jail-recording-police-illinois-assistant-ag-says-no-right-to-record-police.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110902/04163415790/man-facing-75-years-jail-recording-police-illinois-assistant-ag-says-no-right-to-record-police.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>insanity</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110902/04163415790</wfw:commentRss>
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<pubDate>Mon, 29 Aug 2011 07:48:18 PDT</pubDate>
<title>Appeals Court: Arresting Guy For Filming Cops Was A Clear Violation Of Both 1st &#038; 4th Amendments</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110827/23285615713/appeals-court-arresting-guy-filming-cops-was-clear-violation-both-1st-4th-amendments.shtml</link>
<guid>http://www.techdirt.com/articles/20110827/23285615713/appeals-court-arresting-guy-filming-cops-was-clear-violation-both-1st-4th-amendments.shtml</guid>
<description><![CDATA[ We've had a lot of stories this year about police arresting people for <a href="http://www.techdirt.com/articles/20110623/02573314823/woman-charged-with-obstructing-governmental-administration-filming-police-her-front-yard.shtml">filming them</a>.  It's become quite a trend.  Even worse, a couple weeks ago, we wrote about a police officer in Massachusetts, Michael Sedergren, who is trying to get <a href="http://www.techdirt.com/articles/20110812/23525115512/police-try-to-bring-wiretapping-charges-against-woman-who-filmed-them-beating-man.shtml">criminal wiretapping charges</a> brought against a woman who filmed some police officers beating a guy.  This officer claims that the woman violated Massachusetts anti-wiretapping law, a common claim from police in such situations.
<br /><br />
Segederin may have been better off if he'd waited a couple weeks for an appeals court ruling that came out Friday, because that ruling found that arresting someone for filming the police <a href="http://www.citmedialaw.org/blog/2011/victory-recording-public" target="_blank">is a <b>clear violation</b> of both the First Amendment and the Fourth Amendment</a> of the Constitution.  How the case got to this point is a bit complex, but basically, a guy named Simon Glik saw some police arresting someone in Boston, and thought they were using excessive force. He took out his camera phone and began recording.  The police saw that and told him to stop taking pictures.  He told them he was recording them, and that he'd seen them punch the guy they were arresting.  One officer asked him if the phone recorded audio as well and Glik told him it did.  At that point, they arrested him, saying that recording audio was a violation of Massachusetts wiretap laws.
<br /><br />
Even more ridiculous, they then had him charged not just with that, but also with disturbing the peace and "aiding in the escape of a prisoner."  After realizing that last one didn't even pass the guffaw test, Massachusetts officials dropped that charge.  A Boston court then dumped the other charges and Glik was free.  However, he wanted to take things further, as he thought his treatment was against the law.  He first filed a complaint with Boston Police Internal Affairs who promptly set about totally ignoring it.  After they refused to investigate, Glik sued the officers who arrested him and the City of Boston in federal court for violating both his First and Fourth Amendment rights.  The police officers filed for qualified immunity, which is designed to protect them from frivolous charges from people they arrest.
<br /><br />
The district court rejected the officers' rights to qualified immunity, saying that their actions violated the First &#038; Fourth Amendments.  Before the rest of the case could go on, the officers appealed, and that brings us to Friday's ruling, which, once again, unequivocally states that recording police in public is protected under the First Amendment, and that the use of Massachusetts wiretapping laws to arrest Glik was a violation of his Fourth Amendment rights as well.  The <a href="http://www.citmedialaw.org/sites/citmedialaw.org/files/10-1764P-01A.pdf">ruling</a> (pdf) is a fantastic and quick read and makes the point pretty clearly.  Best of all, it not only says that it was a clear violation, but that the officers were basically full of it in suggesting that this was even in question. The court more or less slams the officers for pretending they had a valid excuse to harass a guy who filmed them arresting someone.
<br /><br />
The 4th Amendment bit may not be as widely applicable, since it mainly focuses on the Massachusetts wiretapping law.  Here, the court notes that the law only covers audio recording <i>in secret</i>.  But there is no indication that Glik did any of his filming in secret.  It found the officers' arguments that he could have been doing lots of things on his mobile phone completely uncompelling, stating that the "argument suffers from factual as well as legal flaws."
<br /><br />
The full ruling is embedded below, but a few choice quotes:
<blockquote><i>
Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting "the free discussion of governmental affairs." Mills v. Alabama, 384 U.S. 214, 218 (1966). Moreover, as the Court has noted, "[f]reedom of expression has particular significance with respect to government because '[i]t is here that the state has a special incentive to repress opposition and often wields a more effective power of suppression.'" First Nat'l Bank, 435 U.S. at 777 n.11 (alteration in original) (quoting Thomas Emerson, Toward a General Theory of the First Amendment 9 (1966)). This is particularly true of law enforcement officials, who are granted substantial discretion that may be misused to deprive individuals of their liberties....
<br /><br />
[....]
<br /><br />
In our society, police officers are expected to endure significant burdens caused by citizens' exercise of their First Amendment rights. See City of Houston v. Hill, 482 U.S. 451, 461 (1987) ("[T]he First Amendment protects a significant amount of verbal criticism and challenge directed at police officers."). Indeed, "[t]he freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state." Id. at 462-63. The same restraint demanded of law enforcement officers in the face of "provocative and challenging" speech, id. at 461 (quoting Terminiello v. Chicago, 337 U.S. 1, 4 (1949)), must be expected when they are merely the subject of videotaping that memorializes, without impairing, their work in public spaces.
<br /><br />
[....]
<br /><br />
The presence of probable cause was not even arguable here. The allegations of the complaint establish that Glik was openly recording the police officers and that they were aware of his surveillance. For the reasons we have discussed, we see no basis in the law for a reasonable officer to conclude that such a conspicuous act of recording was "secret" merely because the officer did not have actual knowledge of whether audio was being recorded.
</i></blockquote>
While this case isn't over yet, it's still a huge victory for those arrested by police for filming them in action.  It suggests such people can bring charges against the police for civil rights violations in taking away their First Amendment rights.  A tremendous ruling all around.<br /><br /><a href="http://www.techdirt.com/articles/20110827/23285615713/appeals-court-arresting-guy-filming-cops-was-clear-violation-both-1st-4th-amendments.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110827/23285615713/appeals-court-arresting-guy-filming-cops-was-clear-violation-both-1st-4th-amendments.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110827/23285615713/appeals-court-arresting-guy-filming-cops-was-clear-violation-both-1st-4th-amendments.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>huge-victory-for-free-speech</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110827/23285615713</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 9 Aug 2011 03:56:23 PDT</pubDate>
<title>California Appeals Court Strikes Down Law That Required DNA Samples From Everyone Arrested</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110808/12141115438/california-appeals-court-strikes-down-law-that-required-dna-samples-everyone-arrested.shtml</link>
<guid>http://www.techdirt.com/articles/20110808/12141115438/california-appeals-court-strikes-down-law-that-required-dna-samples-everyone-arrested.shtml</guid>
<description><![CDATA[ A year ago, we wrote about a <a href="http://www.techdirt.com/articles/20100714/01580810205.shtml">legal challenge</a> concerning the constitutionality of a California law that requires police to collect and store DNA of anyone <i>arrested</i> (not convicted).  A California state appeals court <a href="http://jurist.org/paperchase/2011/08/california-appeals-courts-strikes-down-law-requiring-dna-sample-from-arrestees.php" target="_blank">has now struck down the law</a>, saying that it's a violation of the 4th Amendment.  Considering all of the rulings lately that seem to have done away with the 4th Amendment, it's nice to see one going in the other direction, though I'm sure there's still going to be an appeal.  And, unfortunately, the article linked above suggests that this ruling will likely get reversed on appeal, noting that a federal appeals court (third circuit) recently ruled on the same issue, and said it's fine to collect DNA from arrestees.  Still, while this court ruling is still in effect in CA, we might as well quote the judge:
<blockquote><i>
Even focusing on the DNA profile alone, the analogy to fingerprints is blind to the nature of DNA. Courts are well aware that&mdash;[r]ecent studies have begun to question the notion that junk DNA does not contain useful genetic programming material and that an intense debate on this subject is now taking place in scientific and legal communities. ... Like the DNA laws of almost every other state and federal law, the DNA Act is silent as to how long these specimens and samples may be kept, and it is reasonable to expect they will be preserved long into the future, when it may be possible to extract even more personal and private information than is now the case. ... [T]he Act places few restrictions on the law enforcement uses to which such information may be put. This raises questions both about the kind of personal and private information that may be derived from the DNA samples in the DOJ's possession, and the uses of that biometric data as scientific developments increase the type and amount of information that can be extracted from it. For example, commentators have discussed the potential for research to identify genetic causes of antisocial behavior that might be used to justify various crime control measures. Fingerprinting presents no comparable threat to privacy.
</i></blockquote>
One hopes the CA Supreme Court or another federal court comes to its senses and agrees on this, but it seems unlikely.<br /><br /><a href="http://www.techdirt.com/articles/20110808/12141115438/california-appeals-court-strikes-down-law-that-required-dna-samples-everyone-arrested.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110808/12141115438/california-appeals-court-strikes-down-law-that-required-dna-samples-everyone-arrested.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110808/12141115438/california-appeals-court-strikes-down-law-that-required-dna-samples-everyone-arrested.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sorry,-that's-unconstitutional</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110808/12141115438</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 8 Aug 2011 15:13:13 PDT</pubDate>
<title>Police, Yet Again, Arrest Someone For Filming Them, Saying It's Obstruction Of Justice</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110805/16005515413/police-yet-again-arrest-someone-filming-them-saying-its-obstruction-justice.shtml</link>
<guid>http://www.techdirt.com/articles/20110805/16005515413/police-yet-again-arrest-someone-filming-them-saying-its-obstruction-justice.shtml</guid>
<description><![CDATA[ These stories are becoming all too common.  The police in Suffolk County, New York (where I grew up, actually), <a href="http://www.poynter.org/latest-news/romenesko/141291/news-photographer-arrested-on-long-island-for-videotaping-police/" target="_blank">arrested a freelance news photographer</a> who was videotaping the conclusion of a police chase.  The police told him to "go away," while letting others stay.  The guy, Phil Datz, moved further away, and started filming again... at which point he was arrested and charged with obstruction.  After realizing that they had no case (and after the story got some press attention), it was announced that <a href="http://www.poynter.org/latest-news/romenesko/141476/charges-to-be-dropped-against-photojournalist-arrested-for-videotaping-police/" target="_blank">charges would be dropped</a> and that "officers will undergo media relations training."   But it's pretty ridiculous that such training is needed in this day and age.  There's simply no way that police should be on the street if they believe it's illegal to film them in public.<br /><br /><a href="http://www.techdirt.com/articles/20110805/16005515413/police-yet-again-arrest-someone-filming-them-saying-its-obstruction-justice.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110805/16005515413/police-yet-again-arrest-someone-filming-them-saying-its-obstruction-justice.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110805/16005515413/police-yet-again-arrest-someone-filming-them-saying-its-obstruction-justice.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sad</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110805/16005515413</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 20 Jul 2011 07:15:00 PDT</pubDate>
<title>Arresting People Associated With Anonymous Unlikely To Have The Impact The Feds Expect</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110719/23240215168/arresting-people-associated-with-anonymous-unlikely-to-have-impact-feds-expect.shtml</link>
<guid>http://www.techdirt.com/articles/20110719/23240215168/arresting-people-associated-with-anonymous-unlikely-to-have-impact-feds-expect.shtml</guid>
<description><![CDATA[ One of the big stories of yesterday was the wide array of raids and arrests by the FBI in order to arrest people they claimed were members of "Anonymous," who took part in various denial of service attacks.  All day yesterday the number of people arrested kept growing.  I first saw three, then 12 and <a href="http://www.nytimes.com/2011/07/20/technology/16-arrested-as-fbi-hits-the-hacking-group-anonymous.html?smid=tw-nytimestech&#038;seid=auto" target="_blank">the final tally was apparently 16</a>.  Apparently the arrests are specific to the efforts to take down Paypal after Paypal decided to stop letting payment transfers go to Wikileaks.  The specific charges are "intentional damage to a protected computer" and conspiracy.
<br /><br />
Now, I've been very clear since Anonymous started this effort -- shutting down various websites using what is effectively crowdsourced distributed denial of service attacks -- that I think <a href="http://www.techdirt.com/articles/20100919/11430011073/denial-of-service-attacks-on-riaa-mpaa-are-a-really-dumb-idea.shtml">the strategy is really dumb</a>.  Does it get attention?  Yes.  But it turns parties doing questionable things into victims.  It doesn't open any new eyes to the problems Anonymous should be trying to highlight.  It just draws attention to the attacks themselves.  It just seemed really likely to backfire -- especially as law enforcement and politicians focused in on the attacks, rather than the reasons for the attacks, and we're seeing some of that now.
<br /><br />
But I can't deny that their efforts, combined with the slightly more sophisticated hacking efforts both from Anonymous and the spinoff group LulzSec and others, have actually had a much <a href="http://www.techdirt.com/articles/20110625/01175214853/telstra-having-second-thoughts-over-censorship-plan-fears-reprisals-hactivists.shtml">greater impact</a> than I expected, especially with things like the hacking of HBGary and the release of ACS:Law files.  As I noted last month when a bunch of <a href="http://www.techdirt.com/articles/20110614/00085914678/will-arresting-anonymous-members-help-hurt-anonymous.shtml">people were arrested</a> in Europe with claims that they were members of Anonymous, it's not clear to me that these arrests will have much of an impact, really.  Will it scare off some random kid from becoming a scriptkiddie?  Maybe at the margin there will be some.  But the thing is, the types of folks who get involved with these things tend to overestimate their own abilities, and dramatically underestimate the likelihood of getting tracked down or caught.
<br /><br />
And given the very distributed nature of the group (i.e., that it's not actually a group at all), it kind of makes you wonder if the arrests will only serve to get more folks jumping into the effort, perhaps for increasingly misguided reasons.  As we've stated, governments and law enforcement seem to be taking a top-down approach to this, as if they were rounding up a criminal gang, not recognizing the distributed nature of this effort and how the focus is not <i>criminal</i>, but ideological.  Arresting people just drives home their general fear of a world in which certain entities have too much power, leading more people to hit back.
<br /><br />
I still don't think their strategy is smart.  And I don't think it'll really create lasting positive change (in fact, the backlash could do the opposite).  I also worry quite a bit about what happens when they suddenly rage against an innocent party or a group or an individual who really doesn't deserve their wrath.  But, at the same time, I can't see how a big FBI crackdown does anything positive, either.  It just serves to reinforce their general point.  And, with something like the DDoS on Paypal, it seems a bit ridiculous to suggest that it really created that much "harm."  It was, as many noted, a modern version of the <a href="http://www.techdirt.com/articles/20101209/12193312214/is-operation-payback-crime-just-modern-equivalent-sit.shtml">sit-in</a>.  Yes, it probably was a nuisance and cost some people money, but it lasted for a short while and it's difficult to argue there was any lasting damage.
<br /><br />
Defenders of law and order will insist "something" needed to be done, and will believe that these arrests will scare off people from the next round of attacks.  I think those people are greatly underestimating how people who feel disenfranchised by the world, but sense power through their internet connection, react in such situations.  Punishment for the sake of punishment may make sense to some people, but I prefer that the focus be on actually getting to the root of the problem, rather than trying to attack the symptoms in a way that makes the cause grow bigger.<br /><br /><a href="http://www.techdirt.com/articles/20110719/23240215168/arresting-people-associated-with-anonymous-unlikely-to-have-impact-feds-expect.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110719/23240215168/arresting-people-associated-with-anonymous-unlikely-to-have-impact-feds-expect.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110719/23240215168/arresting-people-associated-with-anonymous-unlikely-to-have-impact-feds-expect.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>things-don't-work-that-way</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110719/23240215168</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 23 Jun 2011 10:35:14 PDT</pubDate>
<title>Woman Charged With 'Obstructing Governmental Administration' For Filming Police From Her Front Yard</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110623/02573314823/woman-charged-with-obstructing-governmental-administration-filming-police-her-front-yard.shtml</link>
<guid>http://www.techdirt.com/articles/20110623/02573314823/woman-charged-with-obstructing-governmental-administration-filming-police-her-front-yard.shtml</guid>
<description><![CDATA[ We've had a ton of stories recently about police <a href="http://www.techdirt.com/articles/20110607/00012014582/miami-beach-police-tried-to-destroy-video-bystanders-holding-them-gunpoint.shtml">reacting badly</a> (and contrary to what the law says) when they discover that someone is filming some of their actions in public.  Police keep trying to claim that doing so is illegal, and have even tried to claim that such video taping <a href="http://www.techdirt.com/articles/20100420/1041329109.shtml">violates</a> wiretapping laws.  The latest such example is really bizarre.  <a href="http://www.boingboing.net/2011/06/22/woman-who-filmed-cop.html?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed:+boingboing/iBag+%28Boing+Boing%29&#038;utm_content=Google+Reader" target="_blank">Boing Boing</a> points us to a story of how a <a href="http://rochester.indymedia.org/newswire/display/27018/index.php" target="_blank">woman was arrested in Rochester, NY</a> and charged with "obstructing government administration," all because she was filming a (questionable) traffic stop in front of her house.  You can see <a href="http://www.youtube.com/watch?v=jXA-KA-pEKw&#038;feature=player_embedded#at=206" target="_blank">the video</a> below:
<center>
<iframe width="560" height="349" src="http://www.youtube.com/embed/jXA-KA-pEKw" frameborder="0" allowfullscreen></iframe>
</center>
The guy keeps trying to come up with reasons to get her to leave her front yard, first suggesting that she can't film from the sidewalk (so she takes a step back) and then complaining that she's "anti-police" and that he doesn't feel safe unless she goes inside.  She points out that she's in her own front yard and not doing anything wrong.  The cop then threatens her with arrest, and quickly arrests her, claiming that she didn't obey a police order.
<br /><br />
What's really stunning is that prosecutors went forward with charges here.  They must have known there was a video.  I'm curious how anyone can claim that filming police is obstructing governmental administration.<br /><br /><a href="http://www.techdirt.com/articles/20110623/02573314823/woman-charged-with-obstructing-governmental-administration-filming-police-her-front-yard.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110623/02573314823/woman-charged-with-obstructing-governmental-administration-filming-police-her-front-yard.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110623/02573314823/woman-charged-with-obstructing-governmental-administration-filming-police-her-front-yard.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>police-state</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110623/02573314823</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 14 Jun 2011 12:34:09 PDT</pubDate>
<title>Will Arresting 'Anonymous' Members Help Or Hurt Anonymous?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110614/00085914678/will-arresting-anonymous-members-help-hurt-anonymous.shtml</link>
<guid>http://www.techdirt.com/articles/20110614/00085914678/will-arresting-anonymous-members-help-hurt-anonymous.shtml</guid>
<description><![CDATA[ I'm <a href="http://www.techdirt.com/articles/20100919/11430011073/denial-of-service-attacks-on-riaa-mpaa-are-a-really-dumb-idea.shtml">on record</a> as saying that I think the activist hacking by groups like Anonymous, designed to take down websites in protest, are not particularly smart or useful.  I will admit, however, that I'm surprised at how effective they've been in drawing additional media attention to certain stories, and how they really have helped drive two particular stories forward (the ACS:Law situation in the UK, and the HBGary Federal story in the US).  And while I still don't think it's a particularly effective overall strategy, I must say that I find the whole effort (and similar efforts from "groups" like Lulz Security) fascinating.  I've also pointed out that what may be even more interesting is how traditional law enforcement and governments <a href="http://www.techdirt.com/articles/20101026/01311411586/the-revolution-will-be-distributed-wikileaks-anonymous-and-how-little-the-old-guard-realizes-what-s-going-on.shtml">can't really grasp</a> what they're dealing with.
<br /><br />
I think that point may be driven home with two separate governments claiming success in "arresting" Anonymous members.  Spain got some attention for supposedly <a href="http://computerworld.co.nz/news.nsf/news/spanish-police-arrest-three-members-of-anonymous" target="_blank">arresting three "Anonymous" members</a> late last week, and then Turkey also got some attention for <a href="http://www.tomsguide.com/us/Anonymous-Flag-Day-Turkey-Hacktivist-Anatolia-Police,news-11497.html" target="_blank">arresting "32 members."</a>
<br /><br />
If these individuals were involved in actual criminal activities, then the arrests are perfectly reasonable.  But if these governments actually understood what was going on, and actually understood what they were dealing with, they wouldn't have said they were arresting members of "Anonymous," which is hardly a group anyway, and the word "member" is misleading.  Taking a traditional top down approach, these governments think that by announcing that they've "arrested Anonymous members," they're likely to scare people off from being a part of Anonymous.  It's very much speculation on my part, but knowing the sort of people involved, my guess is that it's having exactly the opposite response.  By presenting the people arrested as being a part of Anonymous, these governments are glorifying Anonymous, and adding to the allure.  And the arrests are unlikely to scare off too many actual participants, since they quite likely think that <i>they</i> are better at covering their tracks... and as things move along, that will likely be true.
<br /><br />
These governments could have easily arrested people and charged them with hacking without making the connection back to Anonymous.  Making such statements is like responding to trolls on internet forums.  It's tough to resist sometimes, but it only encourages more such activity.  And, of course, just as with trolls, this sort of thing really only plays into exactly what Anonymous wants.  It builds up the group's own profile, increases the very necessary mythology, and likely improves the efforts to do more such activities (while protecting participants even more).
<br /><br />
In a world with increasingly distributed power, Anonymous and others are really a precursor to what's coming down the road, demonstrating how certain forms of activism really don't work the way people in power expect them to.  I don't agree with their specific tactics, but I'm fascinated by their ability (intended or not) to get companies and governments to play right into their strategy.<br /><br /><a href="http://www.techdirt.com/articles/20110614/00085914678/will-arresting-anonymous-members-help-hurt-anonymous.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110614/00085914678/will-arresting-anonymous-members-help-hurt-anonymous.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110614/00085914678/will-arresting-anonymous-members-help-hurt-anonymous.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>just-wondering</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110614/00085914678</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 9 Jun 2011 18:59:00 PDT</pubDate>
<title>Police Arrest A Bunch Of Folks In Europe For Linking To Infringing Content</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110609/09561614637/police-arrest-bunch-folks-europe-linking-to-infringing-content.shtml</link>
<guid>http://www.techdirt.com/articles/20110609/09561614637/police-arrest-bunch-folks-europe-linking-to-infringing-content.shtml</guid>
<description><![CDATA[ After the US lobbyists complained about Kino.to, an online site that linked to (but did not store, copy, reproduce, transmit, etc.) infringing works, apparently European law enforcement decided to "do something."  Working off of a Dresden-based warrant, <a href="http://torrentfreak.com/kino-to-raided-in-massive-police-operation-admins-arrested-110608/" target="_blank">police raided homes in Germany, Spain, France and the Netherlands and arrested 13 people</a>, with a 14th still being sought.  The site was apparently quite popular in Germany, and with other German-speaking people around the globe.  What I'm having trouble understanding is why this is a criminal operation, rather than a civil operation.  Anyone who felt they were wronged by the site could have filed a civil suit.  Furthermore, despite a number of similar operations, it's still immensely troubling to see people arrested for linking, rather than for violating any of the specific rights prescribed to copyright holders.  I recognize, of course, that copyright holders are upset about sites that link to unauthorized versions of their works, but shouldn't the targets be those who actually are uploading the works, rather than those who are linking?<br /><br /><a href="http://www.techdirt.com/articles/20110609/09561614637/police-arrest-bunch-folks-europe-linking-to-infringing-content.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110609/09561614637/police-arrest-bunch-folks-europe-linking-to-infringing-content.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110609/09561614637/police-arrest-bunch-folks-europe-linking-to-infringing-content.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>linking-=-crime</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110609/09561614637</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 15 Mar 2011 14:49:00 PDT</pubDate>
<title>Guy Who Undressed For TSA Search (With 4th Amendment Written On Chest) Sues Over Airport Detention</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110315/01571613496/guy-who-undressed-tsa-search-with-4th-amendment-written-chest-sues-over-airport-detention.shtml</link>
<guid>http://www.techdirt.com/articles/20110315/01571613496/guy-who-undressed-tsa-search-with-4th-amendment-written-chest-sues-over-airport-detention.shtml</guid>
<description><![CDATA[ We've seen various ways that people have protested TSA searches, but for one guy who decided to undress (as he suggests, to help the TSA out) and, as a part of that, display the 4th Amendment written on his chest, it led to him being detained and told he was under arrest (though, he didn't miss his flight):
<center>
<img src="http://i.imgur.com/0ClCD.jpg" />
</center>
However, he's now <a href="http://www.wired.com/threatlevel/2011/03/4th-amendment-on-chest/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A wired27b %28Blog - 27B Stroke 6 %28Threat Level%29%29" target="_blank">suing the government over all of this</a>, claiming that the whole thing violated his 1st, 4th, 5th and 14th Amendment rights, along with false imprisonment and malicious prosecution.  While I'm sympathetic to what he's trying to do, I can't see this getting very far at all.  Judges have given the TSA great leeway (for better or -- in many cases -- worse) in what they do, and there doesn't seem to be anything particularly unique about these challenges.  Perhaps I'm wrong and it's actually a good case, but it just seems unlike to impress a judge.<br /><br /><a href="http://www.techdirt.com/articles/20110315/01571613496/guy-who-undressed-tsa-search-with-4th-amendment-written-chest-sues-over-airport-detention.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110315/01571613496/guy-who-undressed-tsa-search-with-4th-amendment-written-chest-sues-over-airport-detention.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110315/01571613496/guy-who-undressed-tsa-search-with-4th-amendment-written-chest-sues-over-airport-detention.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-won't-go-far</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110315/01571613496</wfw:commentRss>
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<item>
<pubDate>Fri, 28 Jan 2011 08:47:58 PST</pubDate>
<title>Government Putting Quite A Lot Of Effort Into Tracking Down 'Anonymous'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110127/16034212860/government-putting-quite-lot-effort-into-tracking-down-anonymous.shtml</link>
<guid>http://www.techdirt.com/articles/20110127/16034212860/government-putting-quite-lot-effort-into-tracking-down-anonymous.shtml</guid>
<description><![CDATA[ With UK police <a href="http://www.wired.com/threatlevel/2011/01/wikileaks-anonymous-arrest/" target="_blank">arresting five guys</a> accused of participating in the Anonymous cyberattacks to make a statement about efforts to block Wikileaks, as well as the FBI saying that it has <a href="http://www.reuters.com/article/idUSTRE70Q8WH20110127" target="_blank">executed more than 40 search warrants in the US</a> in trying to track down those responsible, I'm curious if anyone has stopped to realize just how much this misses the point.  I agree that the Anonymous attacks were childish and probably <a href="http://www.techdirt.com/articles/20100919/11430011073/denial-of-service-attacks-on-riaa-mpaa-are-a-really-dumb-idea.shtml">counterproductive</a>, but, in the end, are they really much more than an online <a href="http://www.techdirt.com/articles/20101209/12193312214/is-operation-payback-crime-just-modern-equivalent-sit.shtml">sit in</a>?
<br><br>
By spending so much time, effort and resources in trying to track down some people who were making a statement online, all that officials have done is to give them that much more attention -- which is exactly what they wanted.  As warned, these law enforcement agencies are <a href="http://www.techdirt.com/articles/20101026/01311411586/the-revolution-will-be-distributed-wikileaks-anonymous-and-how-little-the-old-guard-realizes-what-s-going-on.shtml">misunderstanding the situation</a>.  Arresting these folks just gives the whole effort more attention, and attracts more interest in it.  And, given that Anonymous is almost entirely unstructured and not at all dependent on any sort of "leadership," it's not as if these arrests cut off any head of an organization.  There is no organization, let alone a head to cut off.  But by doing this, it makes effective martyrs out of those involved, and likely attracts even more people to "join the cause."<br /><br /><a href="http://www.techdirt.com/articles/20110127/16034212860/government-putting-quite-lot-effort-into-tracking-down-anonymous.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110127/16034212860/government-putting-quite-lot-effort-into-tracking-down-anonymous.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110127/16034212860/government-putting-quite-lot-effort-into-tracking-down-anonymous.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>kind-of-misses-the-point</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110127/16034212860</wfw:commentRss>
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<item>
<pubDate>Wed, 1 Dec 2010 12:02:05 PST</pubDate>
<title>Wrongful Arrest Demonstrates Dangers Of Law Enforcement Listening To Bogus Industry Claims</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101130/03290812055/wrongful-arrest-demonstrates-dangers-law-enforcement-listening-to-bogus-industry-claims.shtml</link>
<guid>http://www.techdirt.com/articles/20101130/03290812055/wrongful-arrest-demonstrates-dangers-law-enforcement-listening-to-bogus-industry-claims.shtml</guid>
<description><![CDATA[ It's getting pretty ridiculous watching law enforcement and politicians simply take the entertainment industry at their word in attacking various individuals who they misleadingly blame for their own inability to adapt to a modern digital era.  We've seen it here in the US, where Homeland Security's Immigration and Customs Enforcement (ICE) group has been seizing domains on extremely questionable industry-provided evidence.  Over in the UK, it's been leading to wrongful arrests.  A few years back, of course, the industry pointed fingers at Alan Ellis, an admin for OiNK, but a trial found him <a href="http://www.techdirt.com/articles/20100115/1051307772.shtml">not guilty</a> of the weakened charges of <a href="http://www.techdirt.com/articles/20080601/1756051285.shtml">"conspiracy to defraud."</a>
<br><br>
In October, we noted similarities to the Ellis situation with the news that the police had <a href="http://www.techdirt.com/articles/20101008/01353311329/uk-police-arrest-mulve-operators.shtml">arrested</a> a guy somehow connected to Mulve, a music search and download app that hosted no files and didn't even involve file sharing -- it just created a front-end of a Russian social network where the files were uploaded by users.  After the guy was arrested, people began pointing out that the guy hadn't even programmed Mulve.  He had just <a href="http://www.techdirt.com/articles/20101012/14332311396/details-in-mulve-arrest-highlight-how-weak-the-case-is.shtml">registered the domain name</a>.
<br><br>
At least this time the police didn't go through a whole wasteful trial before realizing it had totally screwed up.  They've apparently <a href="http://torrentfreak.com/after-police-raid-mulve-file-sharing-app-operator-cleared-of-wrong-doing-101129/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A Torrentfreak %28Torrentfreak%29" target="_blank">told the guy that they're not moving forward with any case against him</a>.  Of course, he still had to deal with months of worries about bogus charges and having all of his electronics and computer equipment seized.
<br><Br>
So, at what point does law enforcement stop listening to the entertainment industry every time it freaks out about some new technology?  After all, this is the same group of folks who can't even figure out how to <a href="http://www.techdirt.com/articles/20101124/03285412006/whos-who-clueless-music-industry-lobbyists-send-angry-letter-to-wrong-publisher.shtml">send a letter to the right editor</a> when they don't like an article.  And yet the police think they can accurately point fingers for their business model problems?<br /><br /><a href="http://www.techdirt.com/articles/20101130/03290812055/wrongful-arrest-demonstrates-dangers-law-enforcement-listening-to-bogus-industry-claims.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101130/03290812055/wrongful-arrest-demonstrates-dangers-law-enforcement-listening-to-bogus-industry-claims.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101130/03290812055/wrongful-arrest-demonstrates-dangers-law-enforcement-listening-to-bogus-industry-claims.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-little-late</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101130/03290812055</wfw:commentRss>
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<item>
<pubDate>Mon, 22 Nov 2010 12:31:50 PST</pubDate>
<title>Man Strips Down For TSA, Told He Still Needed To Be Groped; Arrested For Failing To Complete Security Process</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101122/02490011960/man-strips-down-tsa-told-he-still-needed-to-be-groped-arrested-failing-to-complete-security-process.shtml</link>
<guid>http://www.techdirt.com/articles/20101122/02490011960/man-strips-down-tsa-told-he-still-needed-to-be-groped-arrested-failing-to-complete-security-process.shtml</guid>
<description><![CDATA[ The TSA stories are coming fast and furious these days.  The latest takes place (yet again) at the San Diego airport, where a guy first refused to go through the naked image scanner, and when he was told he had to be patted down <a href="http://www.examiner.com/county-political-buzz-in-san-diego/tsa-airport-screeners-gone-wild-san-diego-again" target="_blank">stripped down to his bicycle underwear</a>, which (as he noted) "left nothing to the imagination."  His argument was that at that point, he shouldn't need a pat down, but the TSA ordered him to put his clothes back on so he could be patted down.  He argued that they could just go through his clothes.  End result?  Guy in underwear gets arrested, handcuffed, and escorted through the airport in his underwear -- and is being charged with the same thing that the <a href="http://www.techdirt.com/articles/20101115/11033711873/tsa-threatens-to-sue-guy-for-not-agreeing-to-having-his-groin-touched-by-tsa-agents.shtml">"don't touch my junk"</a> guy was threatened with: "failing to complete the security process."  Feeling safer?<br /><br /><a href="http://www.techdirt.com/articles/20101122/02490011960/man-strips-down-tsa-told-he-still-needed-to-be-groped-arrested-failing-to-complete-security-process.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101122/02490011960/man-strips-down-tsa-told-he-still-needed-to-be-groped-arrested-failing-to-complete-security-process.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101122/02490011960/man-strips-down-tsa-told-he-still-needed-to-be-groped-arrested-failing-to-complete-security-process.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>grope-grope-grope</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101122/02490011960</wfw:commentRss>
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<pubDate>Wed, 29 Sep 2010 19:04:43 PDT</pubDate>
<title>Thai Gov't Arrests News Site Owner, Because It Doesn't Like Some Comments By Users</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100929/10131711221/thai-gov-t-arrests-news-site-owner-because-it-doesn-t-like-some-comments-by-users.shtml</link>
<guid>http://www.techdirt.com/articles/20100929/10131711221/thai-gov-t-arrests-news-site-owner-because-it-doesn-t-like-some-comments-by-users.shtml</guid>
<description><![CDATA[ We've discussed a few times in the past about how the Thai government uses rules that say it's illegal to insult the Thai king in order to <a href="http://www.techdirt.com/articles/20070404/120502.shtml">censor</a> websites that it <a href="http://www.techdirt.com/articles/20070409/170523.shtml">doesn't like</a>.  Now it seems to be taking this even further.  The EFF has the details of how the webmaster for a political news site in Thailand <a href="https://www.eff.org/deeplinks/2010/09/thai-journalist" target="_blank">has been arrested over comments on the site</a>.  As the EFF summarizes:
<blockquote><i>
Jiew's crime? In 2008, Prachatai published an interview with <a href="http://thaipoliticalprisoners.wordpress.com/pendingcases/chotisak-onsoong/" target="_blank">Chotisak Onsoong</a>, a Thai man known for refusing to stand at attention during the Thai Royal Anthem -- a dangerous political act in Thailand, though not technically a crime. The interview received huge attention, drawing over 200 comments from Thai citizens. On April 28, 2008, complaints were filed against Prachatai alleging that several comments on that interview were a defamation to the Monarchy. An arrest warrant for Jiew was issued on Septemeber 8, 2009, but no summons was received by Jiew until her arrest this past Friday.
</i></blockquote>
The EFF also notes that this appears to be purely political and about intimidation, as the timing of the arrest (despite the fact that the warrant was issued over a year ago) didn't happen until Jiew was returning to Thailand from a trip abroad where she gave two separate talks about the importance of an open and free internet.
<br /><br />
Of course, in the long run, as with the attempts to shut down sites under this same law, all this seems to really be doing is calling that much more attention to how the Thai government uses the rules in questionable ways.<br /><br /><a href="http://www.techdirt.com/articles/20100929/10131711221/thai-gov-t-arrests-news-site-owner-because-it-doesn-t-like-some-comments-by-users.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100929/10131711221/thai-gov-t-arrests-news-site-owner-because-it-doesn-t-like-some-comments-by-users.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100929/10131711221/thai-gov-t-arrests-news-site-owner-because-it-doesn-t-like-some-comments-by-users.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>free-speech-is-tricky</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100929/10131711221</wfw:commentRss>
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<pubDate>Wed, 25 Nov 2009 16:46:35 PST</pubDate>
<title>UK Police Arresting People Just To Add To DNA Database?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091124/1045307072.shtml</link>
<guid>http://www.techdirt.com/articles/20091124/1045307072.shtml</guid>
<description><![CDATA[ We were just talking about how pretty much any government database <a href="http://www.techdirt.com/articles/20091124/0131587064.shtml">will get abused</a> by government employees eventually.  But it's not just on the accessing or revealing of data that this can happen.  How about the <i>collection</i> of data as well?  <a href="http://www.techdirt.com/profile.php?u=jabberwocky">Jabberwocky</a> alerts us to the news that police in the UK have supposedly been <a href="http://www.guardian.co.uk/politics/2009/nov/24/dna-database-inquiry" target="_blank">arresting innocent people just to add them to the UK's DNA database</a>.  The report looking into this, sarcastically titled "Nothing to hide, nothing to fear?" finds that nearly one in five of the DNA records in the database are from innocent people.  And part of that is an "arrest first, ask questions later" policy towards collecting DNA:
<blockquote><i>
The commission had received evidence from a former police superintendent that it was now the norm to arrest offenders for everything possible. "It is apparently understood by serving police officers that one of the reasons, if not the reason, for the change in practice is so that the DNA of the offender can be obtained," said Montgomery, adding that it would be a matter of very great concern if this was now a widespread practice.
</i></blockquote>
Oh yeah, to make matters worse: "there is very little concrete evidence on the importance of the DNA match in leading to a conviction and whether the suspect would have been identified by other means anyway."  Don't you feel safer now?<br /><br /><a href="http://www.techdirt.com/articles/20091124/1045307072.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091124/1045307072.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091124/1045307072.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>civil-rights?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091124/1045307072</wfw:commentRss>
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<item>
<pubDate>Wed, 30 Sep 2009 03:46:01 PDT</pubDate>
<title>The Rule Of Law Over The Rule Of Reason</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090929/0233006345.shtml</link>
<guid>http://www.techdirt.com/articles/20090929/0233006345.shtml</guid>
<description><![CDATA[ While not directly a tech/business related story, Jonny sent in this rather disturbing story of a grandmother <a href="http://www.theagitator.com/2009/09/28/hoosier-grandmother-arrested-for-purchasing-cold-medication/" target="_new">arrested in Indiana for buying two whole boxes of cold medicine in less than a week</a>.  As you're probably aware, most states have greatly limited the ability to buy cold medicine that contains pseudoephedrine, the ingredient that makes most cold medicines effective -- but also a key ingredient used in making meth.  So, rather than deal with the growing meth problem head on, many politicians sought to annoy pretty much anyone with a serious cold by making it quite difficult to get any drug that actually contains useful medicine.
<br /><br />
Apparently, the Indiana law forbids buying more than 3.0 grams of the stuff in a single week, and the two boxes of cold medicine exceeded that amount.  The end result?  Police show up at the woman's house and arrest her -- and then keep defending the arrest, citing meth abuse, even as <i>everyone</i> admits that this woman was not making meth:
<blockquote><i>
"I feel for her, but if she could go to one of the area hospitals and see a baby born to a meth-addicted mother ..."
</i></blockquote>
It's difficult to see what that has to do with <i>anything</i> considering that everyone knows this woman had no intention of making meth.  The whole thing is ridiculous, but is symptomatic of a problem that we're seeing all too often, where the focus is on enforcing poorly thought out laws, to ridiculous consequences, with no attempt to ever look at the negative consequences and seeing if the original law made any sense in the first place.
<br /><br />
We've discussed this in the past with regards to other laws as well.  In business, if you plan a new initiative, you have metrics and you check to see if you accomplish them, and you monitor negative effects of what you do as well.  So why don't politicians ever do this?  When they pass a law to ban spam, increase copyright duration or take away privacy for some reason or another, why are politicians never asked to put in place benchmarks to see if the laws actually do what they promise?  Why aren't there any plans for a change or a removal of the law if it turns out to do more harm than good?  Certainly, by this point in time, there's a better process to creating regulations than simply saying what they're intended to do without ever bothering to check to see if those goals are achieved?<br /><br /><a href="http://www.techdirt.com/articles/20090929/0233006345.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090929/0233006345.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090929/0233006345.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>stop-the-insanity</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090929/0233006345</wfw:commentRss>
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<pubDate>Thu, 15 Jan 2009 01:16:58 PST</pubDate>
<title>New Zealand Cops Credit Facebook With Arrest</title>
<dc:creator>Carlo Longino</dc:creator>
<link>http://www.techdirt.com/articles/20090114/0843413408.shtml</link>
<guid>http://www.techdirt.com/articles/20090114/0843413408.shtml</guid>
<description><![CDATA[ Police in New Zealand have arrested a would-be thief after <a href="http://www.theregister.co.uk/2009/01/13/safe_cracker_facebook_arrest/" target="_new">putting CCTV photos of him up on Facebook</a>. The criminal genius tried to crack open a pub's safe, but after an hour in a small, enclosed space, he got hot and removed his ski mask -- then later helpfully looked directly at the CCTV camera. Cops in the town of Queenstown put the image up on their two-month-old <a href="http://www.facebook.com/photo.php?pid=1126157&#038;id=36732244172&#038;ref=mf">Facebook page</a>, and a day later, he was identified. Media worldwide have picked up the story, but really, it's nothing more than some smarts on the part of the police to go where people are. In times gone by, getting images like this in the local paper, or on the Crimestoppers segment of the local TV news were about the best way to try and get witnesses or identify criminals. Facebook and other social-networking sites now offer huge audiences (or potential witness pools), particularly among young people, so it shouldn't be too much of a surprise to see cops set up shop there.<br /><br /><a href="http://www.techdirt.com/articles/20090114/0843413408.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090114/0843413408.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090114/0843413408.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>dude-mcgruff-just-added-me</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090114/0843413408</wfw:commentRss>
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<item>
<pubDate>Fri, 7 Nov 2008 12:56:29 PST</pubDate>
<title>Former Malaysian Prime Minister Now Blogging His Opposition To Press Restrictions He Set Up</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081106/1759192762.shtml</link>
<guid>http://www.techdirt.com/articles/20081106/1759192762.shtml</guid>
<description><![CDATA[ We've written an awful lot about the rise of <a href="http://www.techdirt.com/search.php?site=&#038;q=malaysia">political blogging</a> in Malaysia.  The government there has had something of a love-hate affair with blogs for quite some time, starting with a plan to force blogs to <a href="http://www.techdirt.com/articles/20070405/161748.shtml">register</a>, to later telling various candidates for government they were <a href="http://www.techdirt.com/articles/20080411/115829825.shtml">requiring them to blog</a>, to having a <a href="http://www.techdirt.com/articles/20070426/011631.shtml">special agency</a> set up to respond to bloggers.  More recently, though, things have taken a very negative turn, as various opposition party bloggers were able to use their blog popularity to catapult themselves <a href="http://www.techdirt.com/articles/20080828/2301332130.shtml">into office</a>, the ruling party began cracking down, even sentencing leading bloggers <a href="http://www.techdirt.com/articles/20080923/1125352347.shtml">to jail</a>.
<br /><br />
The good news on that front, however, is that a court has decided that <a href="http://tech.yahoo.com/news/nm/20081107/wr_nm/us_malaysia_politics_blogger" target="_new">the arrest was illegal</a> and the blogger is to be freed.  Though, you get the feeling that the government will continue to try to punish him.
<br /><br />
In the meantime, one of the most interesting political bloggers in Malaysia may be the former Prime Minister, Mahathir Mohamad, who apparently championed many of the free speech restrictions that allow the crackdowns.  We had mentioned his <a href="http://www.techdirt.com/articles/20070419/011722.shtml">embrace of blogging</a> about a year and a half ago, and now the NY Times has written up a more detailed article, claiming that now that he's no longer in power, <a href="http://www.nytimes.com/2008/11/06/world/asia/06blogger.html?_r=1&#038;partner=rssuserland&#038;emc=rss&#038;oref=slogin" target="_new">he's had quite a change of heart concerning restrictions on freedom of the press</a>.  Of course, much of it seems to come off as whining that people won't listen to him any more:
<blockquote><i>
"Where is the press freedom?  Broadcast what I have to say! What I say is not even accurately published in the press!"
</i></blockquote>
While it is a good thing that he's realized how problematic free speech restrictions are, there is a bit of karmic justice in having him find himself stymied by rules that he championed and used to his own advantage when in power.<br /><br /><a href="http://www.techdirt.com/articles/20081106/1759192762.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081106/1759192762.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081106/1759192762.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>what's-good-for-the-goose?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20081106/1759192762</wfw:commentRss>
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<item>
<pubDate>Fri, 17 Oct 2008 00:38:07 PDT</pubDate>
<title>Massive Stolen Credit Card Number Site Shut Down</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081017/0015502562.shtml</link>
<guid>http://www.techdirt.com/articles/20081017/0015502562.shtml</guid>
<description><![CDATA[ It took quite some time for authorities around the world to recognize the extent to which organized crime was using the internet for various scams and frauds, but in the last year or so, it seems like many agencies around the world really are looking to go after the criminals.  The latest example is that Darkmarket, an invitation-only secretive forum for buying and selling credit card numbers, <a href="http://news.bbc.co.uk/2/hi/uk_news/7675191.stm" target="_new">has been shut down</a>, and 60 people involved with the site have been simultaneously arrested.  This is definitely a step up from what we were hearing just a couple of years ago, where the best authorities could do was arrest kids <a href="http://www.techdirt.com/articles/20060104/1015250.shtml">messing around</a> with phishing scams, rather than actually going after the organized criminals who were the real issue.  Cracking down on one site and arresting 60 individuals isn't going to stop these scammers, but it's at least good to see authorities trying to focus on the real problem cases, rather than just the small fry. <b>Update</b>: As was pointed out in the comments, it appears the original BBC article we relied on has the story a bit wrong.  The site itself was actually <a href="http://blog.wired.com/27bstroke6/2008/10/darkmarket-post.html">an FBI-run honeypot</a>.  So, while the site was taken down, the story of how the whole process worked is quite different than what was implied in the first article.<br /><br /><a href="http://www.techdirt.com/articles/20081017/0015502562.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081017/0015502562.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081017/0015502562.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>good-work</slash:department>
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<pubDate>Tue, 23 Sep 2008 17:58:00 PDT</pubDate>
<title>Malaysia Jails Blogger For Two Years Without Trial</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080923/1125352347.shtml</link>
<guid>http://www.techdirt.com/articles/20080923/1125352347.shtml</guid>
<description><![CDATA[ We've been trying to follow the situation with the government crackdown on opposition bloggers in Malaysia, and with different stories coming out every day, it got a little confusing.  So when we wrote about a blogger being <a href="http://www.techdirt.com/articles/20080922/0351532331.shtml">released</a> following a public outcry, it was actually a different blogger than the original one we had reported as <a href="http://www.techdirt.com/articles/20080915/0055182266.shtml">arrested</a>.  It now turns out that the original blogger has actually been <a href="http://www.monstersandcritics.com/news/asiapacific/news/article_1432569.php/Malaysian_blogger_jailed_for_two_years_under_security_law__Roundup__" target="_new">immediately sentenced to <i>two years</i> in jail</a> without any trial -- and those two years can be extended indefinitely at will by the government.  As for the other blogger who was released, apparently that's just a temporary thing, as he's still facing charges as well.  Apparently, the ruling party seems to think that by jailing opposition bloggers it will shut them up.  This wouldn't be the first time that the government underestimated the response to trying to <a href="http://www.techdirt.com/articles/20070405/161748.shtml">silence</a> critical bloggers.<br /><br /><a href="http://www.techdirt.com/articles/20080923/1125352347.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080923/1125352347.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080923/1125352347.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>public-outcry-didn't-work</slash:department>
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<pubDate>Mon, 22 Sep 2008 17:39:31 PDT</pubDate>
<title>Arrested Malaysian Blogger Freed Following Public Outcry</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080922/0351532331.shtml</link>
<guid>http://www.techdirt.com/articles/20080922/0351532331.shtml</guid>
<description><![CDATA[ It's hard to figure out what the government of Malaysia is thinking in its ongoing trouble in dealing with critical bloggers (some of whom were so powerful that they got <a href="http://www.techdirt.com/articles/20080828/2301332130.shtml">elected</a>).  Last week, we noted that one of the more popular bloggers, whose blog had been ordered blocked by ISPs was <a href="http://www.techdirt.com/articles/20080915/0055182266.shtml">arrested</a>, just as the block on his blog was removed.  Not surprisingly, the arrest led to a public outcry, and the government has now relented <a href="http://www.iht.com/articles/ap/2008/09/21/asia/AS-Malaysia-Blogger-Arrested.php" target="_new">and freed the blogger</a>, who quickly posted an anti-government rant on his blog, promising not to back down.  The whole thing makes you wonder how tone deaf the leading party politicians in Malaysia are that they didn't expect this to happen.  Arresting an opposition blogger was bound to create further outcry, and this move only helped legitimize the points he's been making.  You would think that at least someone in the ruling party would have been savvy enough to recognize that this was inevitable.<br /><br /><a href="http://www.techdirt.com/articles/20080922/0351532331.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080922/0351532331.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080922/0351532331.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>how-could-the-gov't-not-expect-that?</slash:department>
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