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You are here: MacNN Forums > Community > MacNN Lounge > Political/War Lounge > Stargate fan busted by feds. Patriot act being used for misuse?

Stargate fan busted by feds. Patriot act being used for misuse?
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Mac Elite
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Jul 27, 2004, 08:31 AM
 
Rockstar Games - better than reality.
     
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Jul 27, 2004, 08:36 AM
 
So they busted a pirate.

Good for the FBI.
     
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Jul 27, 2004, 08:55 AM
 
Somebody on Slashdot said that he actually hosted low-res episodes on his site, which might muddy the case somewhat. He also has proof (through Amazon referrals) that his site directly generates thousands of dollars in DVD sales, and he has personally talked to people involved in the creation of the series, who had given their blessing to the web site, so he had reason to believe that everything was OK.

But for now, let's assume he's the nastiest, crustiest pirate who ever sailed the seven servers of the Internet. How does the Patriot Act factor into this? Isn't the Patriot Act about terrorism?

The answer, of course, is that the Patriot Act was never about terrorism. Terrorism was used as an excuse to pass the Patriot Act, which directly uriniates on the Bill of Rights (specifically the 4th amendment). This case is proof: nobody can argue that it has anything to do with terrorism, and yet the new powers granted to law enforcement under the Patriot Act have been used to investigate this guy without going through the usual legal safeguards like obtaining a subpoena from a judge...

There's a reason why we bothered to pass those amendments, folks. We shouldn't be so quick to dismiss them, no matter who the bad guys are and what tactics they use. Or else we might find that soon, we're all considered the bad guys.

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Jul 27, 2004, 10:03 AM
 
It is easier just to say "if you aren't doing anything wrong you have nothing to hide" than to actually use your brain and think about the future social implications of this mess.
     
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Jul 27, 2004, 11:15 AM
 
I've never heard of a case where the FBI, or police take your computer and return it without it being totaled.

Heck I've even heard of a case where the only returned the case (gutted out).
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Jul 27, 2004, 11:25 AM
 
So, some idiot was hosting a site with many illegal TV episodes on it ? Talk about a dumbass.
     
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Jul 27, 2004, 11:30 AM
 
Originally posted by dreilly1:
This case is proof: nobody can argue that it has anything to do with terrorism, and yet the new powers granted to law enforcement under the Patriot Act have been used to investigate this guy without going through the usual legal safeguards like obtaining a subpoena from a judge...
You have no idea what you are talking about. Judicial review is a required and necessary component of the Patriot Act.

Do some research before spewing this crap.
     
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Jul 27, 2004, 12:43 PM
 
Originally posted by spacefreak:
You have no idea what you are talking about. Judicial review is a required and necessary component of the Patriot Act.

Do some research before spewing this crap.
Admittedly, I haven't had the time to look into this guy's case in detail -- I am at work, after all -- so I don't really know if obtaining his financial records from his ISP would have been possible without the Patriot act. but here's some "crap" that's been spewed by the EFF about the Patriot Act, and they have actual lawyers:

Section 215 violates your Constitutional right to privacy under the Fourth Amendment, by allowing the FBI to search through your most personal information -- including financial records, medical records, student records, even your library records -- without ever having to prove that they have probable cause to suspect you of a crime, or even that your records are relevant to an investigation.

Furthermore, under Section 215 the FBI can investigate United States persons (citizens and legal residents) based at least in part on their exercise of First Amendment rights, and can investigate non-U.S. persons based solely on their free speech activities or religious practices. You could be investigated based on the political or religious meetings you attend, the websites you visit or even the books that you read. As a result, Americans may be chilled from exercising these Constitutional rights. Already, attendance at and donations to mosques have dropped significantly, as many Muslims reasonably fear that they will be targeted for investigation based solely on their religious beliefs.

Finally, and unlike grand jury subpoenas used in non-FISA investigations, there is no way for someone served with a Section 215 order to go to court and challenge its legality. Combined with the FISA court's lack of discretion and oversight when it comes to Section 215 orders, this is a recipe for abuse, giving the FBI essentially unchecked power to scrutinize the personal lives of innocent Americans.
The EFF may not be the most impartial voice on the subject, but I'd trust their opinion before I trust yours, at least on this point...

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Jul 27, 2004, 12:46 PM
 
Originally posted by dreilly1:
The EFF may not be the most impartial voice on the subject, but I'd trust their opinion before I trust yours, at least on this point...
First off, there is nothing in the above referenced articles that suggests or states that Section 215 of the Patriot Act was used. Besides, the Justice Department stated repeatedly that that Section 215 cannot be used to investigate "garden-variety crimes, or even domestic terrorism." Specifically, the FBI needs to certify that the records are sought "for an investigation to protect against international terrorism or clandestine intelligence activities."

If you are so concerned, contact your congressional representative and/or Senator. Bitch about their recent renewal of the Act, specifically Section 215, and maybe ask them to support Feingold's Liberty and Personal Privacy Act.

I do suggest, however, that you read both the Patriot Act and Feingold's piece before placing the call.
(Last edited by spacefreak; Jul 27, 2004 at 01:00 PM. )
     
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Jul 27, 2004, 12:53 PM
 
Originally posted by spacefreak:
You have no idea what you are talking about. Judicial review is a required and necessary component of the Patriot Act.

Do some research before spewing this crap.
Not quite.

That was one of the big points Bush made... claiming it made it faster to catch terrorists.

One of you was misinformed.
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