Follow Slashdot stories on Twitter

 



Forgot your password?
typodupeerror
×
Education Government The Courts Your Rights Online News

Judge Says Boston Student's Laptop Was Seized Illegally 190

You may remember a case we discussed this April in which a Boston College student's computers and other electronics were seized after he allegedly sent an email outing another student as gay. The search warrant made sure to note the student's ever-so-suspicious use of "two different operating systems," one of which was "a black screen with a white font which he uses prompt commands on." Now, the EFF reports that a Massachusetts judge has thrown out the search warrant and declared the search and seizure illegal. Quoting: "In her order Thursday, Justice Margot Botsford rejected the Commonwealth's theory that sending a hoax email might be unlawful under a Massachusetts computer crime statute barring the 'unauthorized access' to a computer, concluding that there could be no violation of what was only a 'hypothetical internet use policy.' Thursday's decision now stands as the highest state court opinion to reject the dangerous theory that terms of service violations constitute computer 'hacking' crimes. Justice Botsford further found that details offered by police as corroboration of other alleged offenses were insufficient and did not establish probable cause for the search." The court order (PDF) is available for viewing, and the EFF has broken down the significant arguments against the Commonwealth's claims.
This discussion has been archived. No new comments can be posted.

Judge Says Boston Student's Laptop Was Seized Illegally

Comments Filter:
  • by Anonymous Coward on Sunday May 24, 2009 @09:25AM (#28074235)

    Now when does he get his equipment back? What happens when they hand him a box of busted parts and walk away? (Like Steve Jackson Games)

    It is great that we have this victory for our rights. But how do we keep the police from doing it over and over again? The out of control police need oversight to make sure they don't do this again!

  • by Zapotek ( 1032314 ) <tasos.laskos@NOspAm.gmail.com> on Sunday May 24, 2009 @09:40AM (#28074301)
    Or can the police kick down your door, seize whatever they want and when the court deems their actions as illegal they just say "Oops, our bad."?
  • by squarooticus ( 5092 ) on Sunday May 24, 2009 @09:56AM (#28074385) Homepage

    Compensation for what? In the modern Western world, quaint notions of property rights and due process have been deprecated in favor of civil forfeiture, eminent domain for transfer to other private parties, stare decisis, and political connections.

    You can't really own property anymore so much as lease it from the government for a yearly fee. (If you disagree with this viewpoint, try not paying your property taxes: then you'll find out who the real owner is.) Therefore, since the government owns all your stuff anyway, they have no need to compensate you for damages, since the government only damaged their own stuff.

    </snark>

  • by jerep ( 794296 ) on Sunday May 24, 2009 @10:05AM (#28074445)

    Rights? I think they are more like privileges. They revoked his privilege when they seized his laptop out of sheer ignorance, and restored it after admitting they were wrong, nothing new here ;)

    It's like George Carlin once said, rights aren't rights if they can be taken away from you at any time they wish.

    Now I wonder what would've happened if he resisted the seizure and told them he's keeping his laptop and explained he didn't do anything wrong.

  • by DarkOx ( 621550 ) on Sunday May 24, 2009 @10:12AM (#28074499) Journal

    He can more than likely proceeded civil claims against against the constabulary there. The thing is its up to him to do that and it may prove costly. If he wins he can probably stick the police department with reasonable court costs as well but he will never get his time back.

    The moral of the story here folks is that are justice system is an adversarial one at all levels. You should never never cooperate unless you feel it is in YOUR near term; best interest to do so. Its never a good idea to help law enforcement simply out of some concept of civic responsibility you will only find yourself on the wrong end of it for your trouble. They have long forgotten (systemically not always individually there are plenty of good cops out there) their job is to serve and protect the people. They now mostly exist to serve government and its all controlling pervasive aims.

  • Re:Retaliation (Score:5, Insightful)

    by Lord Dreamshaper ( 696630 ) <lord_dreamshaper@@@yahoo...ca> on Sunday May 24, 2009 @10:34AM (#28074643)
    no law degree here, either, but I assume a civil suit would be laughed out of court. The police officers acted in good faith because a judge signed their warrant, and, presumably, the judge the signed the warrant in a good faith belief that a) the details provided by the police were truthful, and b) the details provided by the police were sufficient to justify a warrant

    The fact that a higher court struck it down is proof of "the system works" and there is no case unless you can prove maliciousness on behalf of the judge (alone or in collusion with the police). Maliciousness *solely* on the part of the police would never fly since the judge signed off on the warrant.
  • by Anonymous Coward on Sunday May 24, 2009 @10:37AM (#28074673)

    As far as I am aware very few people actually ever get seized equipment back (or if they do, it's not in working order), even when nothing infringing was found on it, or the seizure was deemed illegal, etc.

    Sadly there are no checks and balances in the system. If the police had to issue the equipment back in original working order, proof that all analyses had been eradicated, provide compensation for the lost time and presumably the replacement computer the student had to buy and publish an apology in the wide-spread media, then maybe they would stop and think before acting, or at least have a more measured response.

  • by Anonymous Coward on Sunday May 24, 2009 @10:39AM (#28074683)

    Now I wonder what would've happened if he resisted the seizure and told them he's keeping his laptop and explained he didn't do anything wrong.

    They would have taken it anyway and arrested him for obstruction of justice. That charge would not have been thrown out, regardless of whether or not the court order was later found to be illegal.

    You don't get to pick and choose which court orders you respect, you have to challenge them in a proper forum.

  • by Anonymous Coward on Sunday May 24, 2009 @11:10AM (#28074889)

    Oh, well if it's the way it is then I guess we can stop caring. It's OK everyone, he said it's the way it is. Or, how about we make it the way it should be?

  • by Thiez ( 1281866 ) on Sunday May 24, 2009 @11:14AM (#28074923)

    What is the point of your post? GP says 'the police need oversight because they screw people' and then you come in and say 'the police doesn't need oversight because they screw people and get away with it'.

    How does that even make sense?

  • by JediTrainer ( 314273 ) on Sunday May 24, 2009 @11:29AM (#28075031)
    However, no-one seems to be quite so quick to suggest that shows like "24" have a negative influence over Police and Security Services behavior.

    That's an excellent point. Has anyone tallied how often Jack Bauer ("the hero") demonstrates that it's ok to use torture, and even murder (shoot and kill a prisoner right in the CTU boardroom) if it's for his cause?
  • by Anonymous Coward on Sunday May 24, 2009 @11:52AM (#28075185)

    The tax they increased was a sales tax, a regressive tax. (Meaning those with the least ability to pay are affected the most.) Plus, last I checked, Massachusetts was a rather small state and fairly close to New Hampshire, with no sales tax, and Connecticut and Vermont, with lower sales taxes.

    So, to help with a reduced overall consumer spending, Massachusetts decided to force business into neighboring states because it's cheaper there. Brilliant!

    Also, I hate to break it to you, but in November us citizens voted overwhelmingly *AGAINST* [boston.com] a tax decrease.

    Thanks to a giant disinformation campaign - including statements from the governor that repealing the income tax would change Massachusetts into Darfur. You also forget to mention that before that, the ballot measure nearly passed in 2004 - which is why there was a giant disinformation campaign in 2008)

    extensive crews to salt / deice during the winter, road and pothole repair folks to avoid soil creep issues, ..... ect?

    I find that statement hilarious because New Hampshire has no personal income tax - and yet their roads are kept in far better condition and their snow removal is far superior to Massachusetts. Why do you need high taxes for that, again?

  • by mabhatter654 ( 561290 ) on Sunday May 24, 2009 @11:57AM (#28075213)

    either way the person should have just sued for slander/liable/defamation.... the cops should have known the matter was not theirs to deal with.

  • by selven ( 1556643 ) on Sunday May 24, 2009 @12:23PM (#28075393)
    Speaking of 24, I love how the one person who tried to express concern for the Bill of Rights (this is around 02:00-05:00 in the bioweapon crisis) was portrayed as a villain who only wants to slow the police down and kill thousands of innocent people.
  • by ion.simon.c ( 1183967 ) on Sunday May 24, 2009 @12:40PM (#28075517)

    ...and send you to die in a war you don't believe in against your will...

    *looks around*

    We USians haven't had a conscript army since Vietnam. Perhaps you were talking about another country?

  • Re:Retaliation (Score:2, Insightful)

    by Professional Slacker ( 761130 ) on Sunday May 24, 2009 @01:03PM (#28075687) Homepage
    Hold on that seems way too circular to be Kosher.
    The police are acted in good faith, because they assumed the judge would act in good faith, at the same time the judge was acting in good faith because he assumed the police were acting in good faith? How do you ever get a mis-deed out of that set of conditions?

    Somebody screwed up, an innocent man had his stuff seized for no good reason (being a linux user of all things). I think it's a bit of a stretch to say that there should be no repercussions for those involved. The police weren't competent to handle the matter and the judge wasn't competent to issue the warrant. Someone needs to be held accountable for the damaged they caused, "I didn't mean to hurt anyone" is a weak excuse for a common man, but no way in hell should that fly for those that are supposed to be trained in law enforcement.
  • by Archangel Michael ( 180766 ) on Sunday May 24, 2009 @01:24PM (#28075855) Journal

    DarkOx,

    The moral of the story here folks is that are justice system is an adversarial one at all levels.

    Its never a good idea to help law enforcement simply out of some concept of civic responsibility you will only find yourself on the wrong end of it for your trouble.

    I hope you never have to report a crime (like a stolen car) because I would expect you to NEVER call the police even should you need them.

    You should never never cooperate unless you feel it is in YOUR near term; best interest to do so.

    Yeah, that's the rub, isn't it. You giveth, and you taketh away. Never, unless it is convenient to. What kind of absolute is that?

  • by Runaway1956 ( 1322357 ) on Sunday May 24, 2009 @01:28PM (#28075887) Homepage Journal

    The lost time thing won't fly, period. People aren't even compensated for time spent in a jail cell! Forget about compensation for lost computer time, or anything remotely similar for automobiles, apartments, homes, tools and equipment.

    But, yes, the automobile, apartment, tools, equipment, AND COMPUTERS should be returned in working order. If not, the state SHOULD BE LIABLE.

    Most definitely.

  • by Firethorn ( 177587 ) on Sunday May 24, 2009 @03:11PM (#28076721) Homepage Journal

    BUT, there's legal assumptions as long as there's reason to believe the warrant's valid.

    IE You challenge it in court, not on site.

    Same with false arrest - sure, the arrest can be ruled illegal later, along with various penalties and payments, but you're still going to be screwed if you resist arrest.

    I think it's along the 'two wrongs don't make a right', and that you don't want people resisting arrest/warrants left and right on the basis that they're invalid - before their invalidity is proved in court.

    Heck, this ruling is still subject to appeal - overruling at higher courts is still possible.

Our business in life is not to succeed but to continue to fail in high spirits. -- Robert Louis Stevenson

Working...