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Censorship Your Rights Online

Linking Dangerously 1185

indole writes "Some /.'ers might remember the story of Sherman Austin, a Californina native who created the "anarchy" website raisethefist.com. Besides posting links to bomb-making instructions, the site caught the ire of the FBI for advocating the overthrow of the U.S. government. Well, approximately 18 months later Sherman Austin, now age 20, has been sentenced to 1 year in federal prison. According to Austin, 'he took a plea bargain because he feared his case was eligible for a terrorism enhancement, which could have added 20 years to his sentence.' Doubleplusungood."
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Linking Dangerously

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  • Well duh. (Score:5, Funny)

    by desenz ( 687520 ) <roypfohNO@SPAMgmail.com> on Tuesday August 05, 2003 @03:02PM (#6618798)
    I thought it was common knowledge that you don't disagree with the government.
  • Worries (Score:3, Interesting)

    by spamchang ( 302052 ) on Tuesday August 05, 2003 @03:03PM (#6618802) Journal
    I'm worried for a friend of mine who runs an informative site on Arab nations. It seems that excersise of First Amendment rights puts a big bullseye for Patriot Act and all sorts of unnecessary national defense matters.

    (maybe i should have posted as anon. coward...!)
  • by teamhasnoi ( 554944 ) * <teamhasnoi@yahoo. c o m> on Tuesday August 05, 2003 @03:03PM (#6618808) Journal
    I believe a man named Darl McBride is the man behind this terrorist.

    You should probably go and shoot him in the head. Quickly!

  • i wonder.. (Score:5, Insightful)

    by GreenCow ( 201973 ) * on Tuesday August 05, 2003 @03:03PM (#6618814) Journal
    Wilson said he also may not associate with anyone from a group that "espouses physical force as a means of change."

    does that include the US government?
    • Re:i wonder.. (Score:3, Interesting)

      by jd ( 1658 )
      No, because they don't espouse. They merely apply. Besides, they only attack windmills - sorry, typo, that should be "Weapons of Mass Destruction". Any change that coincidently occurs is purely, well, coincidental. Besides, if the US gets it wrong, it's all the fault of the [British|French|Germans|Russians]. (Delete as appropriate, but remember to blame Poindexter afterwards.)
  • by Anonymous Coward on Tuesday August 05, 2003 @03:04PM (#6618818)
    From a European viewpoint inciting the overthrow of a government is just asking for trouble.

    Sure, there must be a freedom of speech, but with freedom comes also responsibility. That's what you people over there seem to have forgotten. Inciting people into a violent revolt that thretens the stability of the entire society is not responsible. Talk like this should be dealt harshly with.

    • by Trigun ( 685027 ) <evil&evilempire,ath,cx> on Tuesday August 05, 2003 @03:12PM (#6618971)
      Inciting people into a violent revolt that thretens the stability of the entire society is not responsible.

      Nor is inciting people into a passive complacency that threatens the stability of the entire society. Sometimes you have to throw out the baby with the bathwater, especially if the little runt is a Hitler-baby.
    • by saskwach ( 589702 ) on Tuesday August 05, 2003 @03:12PM (#6618973) Homepage Journal
      But the US isn't European. It broke away from that through a violent overthrow of the current (European) government. The 1st amendment was put there because the people who wrote it knew that systems get stale and governments get corrupt. It's there specifically to protect the ability to criticise the government. While I don't personally advocate the overthrow of the whole system, I'm in favor of electing someone else to run the country right now. If enough people feel oppressed enough, they should be able to advocate that revolution. Meanwhile, this is the kind of oppression that does lead to a revolution.
      • by Angst Badger ( 8636 ) on Tuesday August 05, 2003 @03:51PM (#6619603)
        It is, however, illegal to urge people to break the law, and advocating the violent overthrow of the government certainly falls in that category. It is not incompatible with freedom of speech in any of the usual ways. Arguably, advocating the violent overthrow of a democratically elected government ought to be deeply, deeply repugnant to a free society in a way that advocating the overthrow of autocratic governments is not. Part of the point of democracy, after all, is the regularly scheduled non-violent overthrow of unpopular governments at the polls.

        Had the defendant in this case merely presented bomb-making information, he probably could have gotten off on First Amendment grounds, but by stepping outside of what the First Amendment protects, and being dumb enough to do so during a national panic, one year in prison is not all that outrageous.

        If enough people feel oppressed enough, they should be able to advocate that revolution.

        As a practical matter, if you are really being severely oppressed, advocating revolution is a great way to be unpersoned. In the event of real oppression, you need to fight a revolution, not cut-and-paste crap from the Anarchists' Cookbook to your website. At present, however, most real oppression being conducted by the US Government is happening outside of its borders.

        Meanwhile, this is the kind of oppression that does lead to a revolution.

        Piff. This is the kind of routine law enforcement that leads to stupid bumper stickers.
    • by singularity ( 2031 ) * <.nowalmart. .at. .gmail.com.> on Tuesday August 05, 2003 @03:13PM (#6618985) Homepage Journal
      I call troll...

      Europe has been home of dozens of violent revolutions over the years. Just talk to the French to start with. You can move on to other countries when you are done there.

      What is the end result of these revolutions? Social progress. The eventual overthrow of tyrants and the establishment of democracy has generally improved the quality of life.

      Yes, people die during violent revolutions. People are jailed. In the long run, though, if enough people believe that a violent overthrow of the government is called for, it almost always means that the people will be better off after the revolution.

      The U.S.'s freedom of speech was set up to allow all degrees of discussion, from political commercials to lobbying to advertising to calling for a violent revolution to overthrow the government.

      Remember - the same people that wrote the First Amendment just got done with a violent revolution.

      This does not mean that the government should stand idly by while people violently revolt. The government has a responsibility for self-preservation. However, talking about a violent overthrow should be completely allowed.
  • by Savatte ( 111615 ) on Tuesday August 05, 2003 @03:04PM (#6618826) Homepage Journal
    I once updated my web page while driving drunk and blindfolded accross landmines, all the while eating food from arby's.
  • They can do that? (Score:4, Insightful)

    by JakiChan ( 141719 ) on Tuesday August 05, 2003 @03:05PM (#6618834)
    I didn't know they can just ignore the plea agreement. Won't that come in handy with terrorists? "I agreed to 1 year, your honor!" "But I don't feel like it. You get the chair!"

    Excuse me while I move to Canada....
    • Re:They can do that? (Score:5, Informative)

      by jratcliffe ( 208809 ) on Tuesday August 05, 2003 @03:09PM (#6618911)
      Yup. The plea agreement is that the defendant will plead guilty to charge X, and (usually) the DA will recommend a particular sentence, or drop other charges. The judge has the final discretion, and he can (albeit rarely) overrule the plea agreement if he feels that it was unreasonable. In an extreme case, if a DA made a deal with a mass murderer where the murderer would serve 5 days for 100 murders, the judge could reject the deal and assign a different penalty. By the same token, the judge could reject a plea deal that carried a 50 year sentence for a jaywalking conviction. In this case, though, there doesn't really seem to be any reason for the judge to reject the deal.
  • by SuperDuG ( 134989 ) <[be] [at] [eclec.tk]> on Tuesday August 05, 2003 @03:05PM (#6618844) Homepage Journal
    prosecution and fbi recommend 4 months in prison, so the judge sentences him to a year.

    Glad to see the REAL criminals being put where they belong, hey aren't ALL the Enron executives still free?

  • by miradu2000 ( 196048 ) * on Tuesday August 05, 2003 @03:05PM (#6618849) Homepage
    This to me is just scary. Yes he was giving instructions on how to make chemical reactions work. Whoopdeedo! We live in America, and in the america i grew up in we don't censor information from the public. And he wasn't realyl even giving instructions - he never (AFAIK) disseminated the information, he just linked to it. It's like being arressted for telling people that you KNOW how to make bombs....

    But the most scary thing of all is this qoute from this website: "(5) he cannot associate with any person or group that seeks to change the government in any way (be that environmental, social justice, political, economic, etc.), "

    How can the courts do that? This guy has rights that cannot under any circumstances be taken away. Part of those rights are freedom of speech - expecially political freedom of speech - and policital freedom of speech again AFAIK is only when you want to try to change the government somehow.

    This guy got shafted by a horrible judge who shouldn't be allowed to work. If i were president, or governer i would pardon this man becuase he doesn't deserve to have his life ruined for such a simple thing as disseminating information.

    As a highschooler what am I to think growing up? Do we really have our Bill of Rights anymore? Every day i see more news about parts of it being chipped away - of course all in the name of protecting the country from terrorism. (since free speech, habius corpus, etc are an evil evil thing... ) BULLSHIT!

  • What was there? (Score:5, Informative)

    by heli0 ( 659560 ) on Tuesday August 05, 2003 @03:06PM (#6618855)
    http://web.archive.org/web/*/http://www.Raisethefi st.com [archive.org]

    The internet archive has the site archived from many dates over the past several years.
  • by egg troll ( 515396 ) on Tuesday August 05, 2003 @03:08PM (#6618894) Homepage Journal
    As I recall, this individual wasn't prosecuted for what he said. It was because he was trying to break into military computers. What did he expect to happen?
  • by robogun ( 466062 ) on Tuesday August 05, 2003 @03:09PM (#6618910)
    The guy pleaded out for fear of an additional 19 years in the Pen. So the FBI gets their conviction, because of terrorism leverage.

    Meanwhile, here in San Diego, enviro freaks burned down a $20 million condo project, and the owner is not going to get insurance because the policy didn't cover "terrorism." Probably 400 people out of work.

    When gov't or anyone for that matter plays the terrorism card to its advantage, we ALL lose.
  • by msuzio ( 3104 ) on Tuesday August 05, 2003 @03:09PM (#6618922) Homepage
    Is anyone going to protest this or try to lobby to get this guy's sentence overturned? Or well, *something*? I had no idea this was going on, but I'm pretty pissed now that I know. This seems totally out of question as a ruling and a punishment, how can they even argue he committed a *crime*?

    If anyone knows of something others can do, please post here. I'm too unorganized in my personal life at the moment to spearhead anything, but I'd like to participate if anyone else has gotten the ball rolling. This whole thing makes me feel unsafe in my own country.
  • Tough shit (Score:3, Insightful)

    by The Bungi ( 221687 ) <thebungi@gmail.com> on Tuesday August 05, 2003 @03:09PM (#6618931) Homepage
    I don't know about everyone else, but I'm getting a bit tired of the stupid empathy these stories generate. The poor spoiled kid that wants to overthrow the US government and provides blueprints to build small thermonuclear devices on his website. The poor thing, he got 1 year in jail. Oh my, where is this society going? How can we possibly do something like this to such a nice boy?

    PC niceties are fucking killing this country. Racial profiling is evil, so let's submit 90-year old caucasian women to strip searches, just like that nice Saudi gentleman over there. All in the name of social equality.

    9/11 changed the rules. The sooner everyone realizes that, the better we'll all be off. Perhaps this kid would have been just another weirdo with a badly designed website in a past life. But this is another world. Our insistence of making believe that everything is OK and should remain exactly the same is pointless and stupid. Let's get with the program. No, it's not nice to send nice youngsters to jail because of what they said in their website. OTOH, if he wants to overthrow the fucking government perhaps he'd like to move to Liberia or Burma. Those governments provide great infrastructure, defense and civil liberties.

    • Re:Tough shit (Score:5, Insightful)

      by ocelotbob ( 173602 ) <ocelot.ocelotbob@org> on Tuesday August 05, 2003 @03:27PM (#6619223) Homepage
      No, asshole, 9/11 didn't change the fucking rules. The fucking rules still say that freedom of speech shall not be infringed unless it poses a clear and present danger. Period. Some kid in his bedroom is hardly a fucking clear and present danger to the country, thus the prosecution is a farce. I happen to disagree with what this kid says, but I realise that quashing speech I happen to disagree with is much, much more dangerous than some infinitessimal increase, if any, in security the arrest of this kid has provided. As for your support of racial profiling, what's your response to the paper that shows that it doesn't work? [firstmonday.dk]

      It's pseudofascist morons like you that are ruining this country, not the kid in his basement. So, I must ask you, if you don't like the laws of this country, such as the first ammendment, why don't you move to a country that has a legal system more to your liking? I hear that Iran doesn't allow any of that pesky questioning of authority, I'm sure you'd fit right in.

  • by l0ungeb0y ( 442022 ) on Tuesday August 05, 2003 @03:10PM (#6618937) Homepage Journal
    As long as you speak the new speak and waive your flag.
  • by Unknown Relic ( 544714 ) on Tuesday August 05, 2003 @03:11PM (#6618960) Homepage
    I don't know if anyone else picked up on this, but one thing that is mentioned by CNN [cnn.com] is that the sentence given was actually more than the prosecution recommended. I don't want to read into it too much, but I do find it interesting.
  • by Alton_Brown ( 577453 ) on Tuesday August 05, 2003 @03:15PM (#6619004)
    Four minutes after posting 10 replies are crying that the government has violated his first amendment rights... let's not forget that the dumbass cracked into several sites (including the army), defaced them, inserted nasty little cgi scripts and happily posted DoS tools. On top of all this he admitted that he did all this. He even said, "If I go to jail, then I will go to jail not based on my actions, but based on what I think..." The moron got what he wanted. They're sending him away on his actions, not what he thinks.

    As for the scare bit about "an extra 20 years for the terrorism..." that's a troll for getting the story picked up. Even if he had gone to trial, the extra 20 years isn't a mandatory thing - it's a maximum sentence of up to 20 years. In the end he probably would have ended up in the same spot or gotten an extra year. I can't belive this is even worth digging up again, but hey, it's a slow newsday.
    • by Sanity ( 1431 ) *
      ... the script kiddie, and I did nothing, because I was not a script kiddie, ...

      Before you try to convince yourself that you are safe because you are different from this guy in X ways, remember that they always come for the easiest targets first, but if nobody speaks out then, then it will only be a matter of time before they come for the rest of us.

  • by sciper ( 692871 ) on Tuesday August 05, 2003 @03:17PM (#6619052)
    I would find it disturbing if this guy was arrested for posting the information himself. Regardless of the information posted, he hasn't actually committed a crime, nor from what I understand was he in a position encouraging others to perform violent acts. I'll draw a parallel to the likes of the Ku Klux Klan - what they believe and stand for is reprehensible, and they most likely discuss desires to physically harm others of racial minority status. However, talking and doing are two different things. There's a distinction between having a violent impulse and acting on it. If the government launches pre-emptive strikes on our freedom of speech in order to prevent future crimes, they have effectively set a precendent for the erosion of personal freedoms and liberties; once the rust has an 'in', it's only a matter of time before it consumes the body of its host in its entirety. Now, without a doubt, such pre-emptive strikes do indeed prevent crimes and save lives. It comes down to a choice of the society we wish to live in. Would one rather exist in a country where the government keeps a tight fist on all of our actions and communications, secure in the knowledge that violence has been reduced to near-non-existant levels? Or does one value freedom over life and live in a country where occasional acts of violence occur, but the dissemination of information and unhindered distribution of ideas reign free? In this age of the Ashcrofts and Patriot Acts, our historic battle cry of 'Give me Liberty or give me Death' seems to have already rusted away.
  • Thomas Jefferson (Score:5, Informative)

    by Jack Auf ( 323064 ) on Tuesday August 05, 2003 @03:19PM (#6619094) Homepage
    the site caught the ire of the FBI for advocating the overthrow of the U.S. government.

    Let's see what Thomas Jefferson, one of the Founding Fathers on this nation, had to say about the subject.

    "I hold it, that a little rebellion, now and then, is a good thing, and as necessary in the political world as storms in the physical." Letter to James Madison, January 30, 1787.

    " . . . forbid we should ever be twenty years without such a rebellion. . . . And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms. . . . The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure." Letter to William Stephens Smith, Nov. 13, 1787.

  • by _bug_ ( 112702 ) on Tuesday August 05, 2003 @03:23PM (#6619147) Journal
    Warning: IANAL.

    First take a look at the search warrant [cryptome.org] issued against the home of Austin.

    What we see here is that he's being suspected of breaking two specific laws.

    18 USC 1030 [cornell.edu] - Computer Fraud

    Austin is charged under this because he was suspected of being responsible for several defacements which are detailed in the warrant. Looking at what's in the warrant there seems to be more than enough evidence to support this charge.

    18 USC 842(p)(2) [cornell.edu] - Unlawful Distribution of Information Relating to Explosives, etc...

    In the search warrant are several quotes from raisethefist.com in which information about explosives is provided along side some comments that encourage this knowledge be used against police officers.

    Here's the exact quote from 18 USC 842 (p)(2)(A):

    to teach or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence;


    Clearly what Austin did, provide information about explosives within the context of causing harm to others with said knowledge, falls under this law.

    From the information that I have available it seems very apparent that Austin did commit crimes under current US law.

    Now had Austin removed suggestions for use of this bomb making knowledge and just presented it in a separate, straight-forward format, he could not be charged under 18 USC 842.

    However, he still defaced some sites and thus is still in violation of 18 USC 1030.

    Remember, IANAL, but this seems pretty straightforward to me. No freedom of speech issue here.
    • by russotto ( 537200 ) on Tuesday August 05, 2003 @03:46PM (#6619540) Journal
      18 USC 842 (p)(2)(A) IS a violation of the first amendment. The fig-leaf of "with the intent that..." is a bunch of hooey.
    • by riptalon ( 595997 ) on Tuesday August 05, 2003 @04:35PM (#6620199)

      In case you don't realise, this is where the police make up some plausible sounding stuff, go to a friendly judge and get him to rubber stamp it. Then they execute the warrant in an attempt to find some real evidense that will stand up in an actual court. In this case despite removing all the computers, books, and documents in his house they found nothing. Which is why he wasn't immediately charged with anything. In the end they were forced to fall back on the linking to information on explosives (18 USC 842) and scare him with threats of 20 years in jail into pleading so they never had to present any evidense at all. He has only been convicted under 18 USC 842 and therefore I think we can safely assume that the computer fraud stuff was just something they used to pad out their search warrant with. This is purely an issue of free speach (linking to information the US government doesn't like) since that is the only thing he has been convicted of.

  • by mblase ( 200735 ) on Tuesday August 05, 2003 @03:24PM (#6619177)
    Naturally, raisethefist.com [raisethefist.com] is pretty much devoid of content now. Fortunately for thos of us who like to know firsthand what the news is about, the Internet Archive has several backups [archive.org] of the site and what it's about.
  • by swb ( 14022 ) on Tuesday August 05, 2003 @03:28PM (#6619234)
    Ahh, a fine tradition. Our Founding Fathers, the guys we're supposed to be so in love with and who supposedly knew so much about liberty, passed the Sedition act in 1798.

    I can't remember the name, but I think there was another act prohibiting advocating the violent overthrow of the government passed during the Red Scare, around 1917.

    The Patriot Act is only the latest iteration of this.

  • If he wants to argue against the government, fine. I agree with him there -- our government is pretty fucked up. Stealing from the people under the euphemism of taxes and inflation is wrong. If he wants to link to pages on making bombs, fine, so long as he does not actively encourage people to kill others (it is illegal to try to persuade others to take illegal action, or to incite a riot).

    However, this guy did quite a bit more than that. He hacked into people's computers. He hacked into military computers. This constitutes a clear and obvious case of what is analagous to tresspassing -- violating another person's property (in the case of the military computers, violating the property of the US taxpayers).

    This guy is clearly a danger to those around him. If he doesn't like some government policy, or the governmnet itself, fine. He can criticize as harshly as he wants. However, unless his rights are directly threatened, he can't take up force. What if this nutcase reads something one of you wrote, and decide that he doesn't like what you believe in, or doesn't like you, so that -- he thinks -- gives him the right to hack into your computer and fuck up your data?

    So, why exactly is it that we're supposed to feel sorry for this guy? Maybe the punishment is a little out of line with the crime. 4 months in prison was recommended; the judge gave 1 year. But justice is an inherently subjective, not objective, matter. Trying to nail down the "just" sentence to within a couple of months -- or maybe even years, in the case of more severe crimes -- is a matter of art, not science.
  • Well (Score:3, Insightful)

    by Upright Joe ( 658035 ) <uprightjoe@NospAM.gmail.com> on Tuesday August 05, 2003 @03:36PM (#6619379) Homepage
    Keep in mind, before we jump all over the potential violation of his right to freedom of speech, he chose not to defend himself. It was his decision to go for a lighter sentence in a plea bargain rather than take the risk of being found guilty. You can't fault the government for that. Perhaps you can fault his publicly appointed defender or the judge but in this case, the law wasn't even tested.
  • by NewtonsLaw ( 409638 ) on Tuesday August 05, 2003 @03:38PM (#6619416)
    When I was in the USA last month, a surprising number of people admitted to me that they were very concerned about the way their civil rights and liberties were being eroded in the name of the war against terrorism.

    The same people also told me however, that they would not go on the record with their comments because they feared being labeled unpatriotic.

    It seems that issue of patriotism has been raised to such importance in the USA that the government is now able to use it as an effective tool to silence any anti-government (pro constitution) sentiment by the people.

    It's about time US citizens woke up and realised that they've been suffering the "thin end of the wedge" for some time now and if they don't remind the government (in a non violent manner) that they are elected to SERVE and not to rule then a powderkeg situation will result.

    Surely the USA can learn from its own history -- doesn't anyone remember (or care to remember) the McCarthy years? Replace "communists" with "terrorists" and you'll find that, 50 years on, there's very little difference.
  • by mcwop ( 31034 ) on Tuesday August 05, 2003 @03:49PM (#6619589) Homepage
    Link to warrant/affidavit and other info. Here [cryptome.org]
  • by RationalAnarchist ( 695393 ) on Tuesday August 05, 2003 @03:58PM (#6619723)
    ...But, tellingly, he was only indicted on the count of sharing information on the construction of incendiaries.

    Do you really think that, had they had *real* evidence to link Sherman to some of the other crimes he's been accused of here (vandalising websites, trying to incite racial violence, hacking military computers, etc etc), that the FBI and prosecutors would have only been recommending 4 months in prison, especially in the current political atmosphere? Doubtful, highly doubtful. I've read the complete sentencing recommendation information - if half of what they *thought* he *might* have done had been remotely provable, they would not have accepted a plea bargain.

    Its also extremely easy to be charged with "disorderly conduct and failure to disperse" when you're at a political protest, whether you are committing a violent act or merely exercising your *right* to freedom of assembly and freedom of speech. It happens all the time, and not just to "unwashed anarchists".

    I have to admit, I'm biased - I'm a friend of Sherman's and know him to be not a frothing violent-tendencied lunatic, but one of the most gentle people I've ever known, who advocates self-defense against an increasingly-oppressive government. Considering his beginnings as a political activist (getting shot with rubber-coated steel shot while filming a MayDay parade turned police vs. civilian riot), I can't blame him.

    No, I do not advocate violent overthrow of the state. My anarchism is simple idealism, a hope for utopia tempered with the knowledge that utopia means "no place" in Greek. But still - a girl can dream, right?
  • I like this... (Score:4, Insightful)

    by blunte ( 183182 ) on Tuesday August 05, 2003 @04:05PM (#6619851)
    I submit this story hours ago, and it's rejected.

    Meanwhile there's very little news appearing on /.

    Now hours later that same story is approved, and appears. /. needs a change of editors. The /. community is ok, and the OSS/Linux-centric stories are often valuable, at least for OSS/Linux advocacy. It's a good digest.

    But over the last year I've noticed the rate of new stories has gone down, while at the same time /. is promoting its supremely lame subscription service. Brilliant.

    Now, mod me down. Some of the moderators are as useful as the editors.

    Enjoy.
  • by moby11 ( 537087 ) on Tuesday August 05, 2003 @04:11PM (#6619937) Homepage
    We are still free. As proof, you can still buy the Anarchists Cookbook [amazon.com] from Amazon. The law this guy broke reads as follows (emphasis added):

    It shall be unlawful for any person-
    (A) to teach or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence; or
    (B) to teach or demonstrate to any person the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute to any person, by any means, information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime of violence.

    We can teach how to blow each other up OR violently overthrow the government - just not both at the same time.
  • Simple... (Score:3, Interesting)

    by TygerFish ( 176957 ) on Tuesday August 05, 2003 @04:46PM (#6620300)
    This thing is reductible to a few simple points:

    1. With few exceptions, all information (speech) is licit under our constitution--including things that would let you blow stuff up or overthrow the government.

    2. So long as you do not get together with other and plan to *perform* a set of *actions* like assassinating someone at a given place at a certain time, you can talk about overthrowing the government to your heart's content.

    3. Our notion of government is one where the people and the nation are in some sense the property of a ruling body; the ruling body serves the people and not vice versa.

    In a population with a diversity of ideas, there will always be a number of people who will want not reform but revolution, and it is one of the functions of government to keep their numbers low by providing a free and prosperous society that is immune to revolutionaries because there are no viable, convincing arguments for a grass-roots revolution in such a society.

    With this in mind, what the government did is like a crime against nature and it shows a sickening lack of understanding. In most cases, a few years of working a decent job and getting laid semi-regularly beats the anarchy right out of young men, instead, the government's activist stance here works to demonstrate that the kid's Anarchist, revolutionary philosophy is spot-on correct.

    It says that our government can and does punish the dissemination of information it dislikes (mis-)using anti-terror laws to suppress free speech just like every modern dictatorship, from Hitler's Germany to the People's Republic of China. The only difference is one of extent--the placement of the threshold of action--and a prosecution sweetened by judicial blackmail does a lot to lesson the difference.

    Another thing to consider is what it's going to do to the kid in the long run. It hard to imagine how much the kid is going to hate the system after spending what should be his sophmore year in college in a federal prison. Before, the kid wanted to talk about throwing bombs, in a year's time, maybe he'll end up wanting to do Timothy McVeigh one better.

    You've gotta love it.

  • by Lucas Membrane ( 524640 ) on Tuesday August 05, 2003 @05:03PM (#6620488)
    is to protect the rights of the people. When it does not do that, it is the right and duty of the people to alter or abolish the government. Thomas Jefferson said that. (cf Declaration of Independencs)

    It is not against the law in the U.S. to advocate the overthrow of the government. REPEAT: It is not against the law in the U.S. to advocate the overthrow of the government.

  • by nacturation ( 646836 ) <nacturation&gmail,com> on Tuesday August 05, 2003 @05:24PM (#6620691) Journal
    First, if you're ever arrested and read your rights, the person reading them will conclude with something like "Do you understand these rights as I have read them?" The correct answer to this is always, "No, I don't." This isn't being facetious either -- without a background in law and how the exercise (or not) of those rights will affect your legal position, you are in no way capable of understanding the full ramifications.

    Secondly, if you're ever in a position where you're being interrogated, the answer to any question is always, "I want my lawyer." Never, under any circumstances, agree to anything unless you have first spoken to your lawyer. Oh, and here's a freebie... even if you have 25 heavily armed agents in riot gear storming your house, remember this piece of advice: right after you shit your pants, always ask to see their search warrant. No warrant, and they'll need to take that double-barrel shotgun elsewhere, thank you very much.
  • by Rasta Prefect ( 250915 ) on Tuesday August 05, 2003 @05:25PM (#6620697)

    As I recall, last time it was posted there was a great deal of outcry and outrage about how the police had raided him for the content of his website - only it turned out that hey, they raided him for cracking and defacing a number of (government) web sites. And they found explosives. But that wasn't mentioned, in the original story cause that would screw up the image of the government stomping on some poor, innocent anarchist who was only espousing his political beliefs. Lovely how nothings changed.

  • by Phil John ( 576633 ) <phil@@@webstarsltd...com> on Tuesday August 05, 2003 @06:43PM (#6621438)
    (5) he cannot associate with any person or group that seeks to change the government in any way (be that environmental, social justice, political, economic, etc.)

    That to me sounds like they're encroaching on rights to freedom of political expression, without fear of reprisal by those in power (going back to federal pound-me-in-the-ass prison).

    It's in the same ballpark as some corrupt african states where people either support the government, live as a political exile or face the prospect of being torured and/or killed.

    Ok, so nobody is being tortured or killed in the USA (that's what happens in Cuba at Guantanamo, and a whole other kettle of fish), but this man's right to change the government should still be respected. We all have that right, whether we know it or not, we get to vote in another government if the current one makes a right pig's ear of the job.

    The right to political activism and peaceful protest should be a given in any country that truly deems itself "free".
  • by starX ( 306011 ) on Tuesday August 05, 2003 @10:08PM (#6622743) Homepage
    As I recall, this guy was arrested for hacking (or at least attempting it) federal sites, not for saying he wanted to over throw the US Government. While I agree that it speaks ill of our legal system that such a crime may count as terrorism, a year in federal prison is a comparitively light sentence when you consider what some other people have done for similar crimes.

    And by the way, overthrowing the US Government is one of those ideas that started with the brilliant Ben Franklin, who thought we shuold have a revolution once every 17 years or so.

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