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February 07, 2008
"the account holder is responsible for the crime."
Not long ago, an armed raid was carried out to serve a search warrant for kiddie porn and the suspect ended up dead: Rebecca Hill considered her husband, Darius, "the most honorable person I've ever met."It appears that he shot himself (which, in most people's minds, would be indicative of guilt). Kiddie porn is of course a criminal offense, but it is a possessory one, and when I read about anyone dying during the execution of a search warrant, I'm always a bit suspicious. The problem with possessory crimes is that anyone can put anything anywhere. For example, someone could break into your house, stuff a bag of heroin under your couch, and unless you found it, you'd have no way of knowing it was there. And it wouldn't have to result from a burglary; if you threw a party, a guest could leave anything anywhere, and even assuming you're a good housekeeper, drugs can be awfully tiny and difficult to spot. Things on your hard drive might be even more difficult to spot, especially if you did not put them there, and did not know they were there. It might surprise many people to know this, but if you use your search feature (START> Search>Files or Folders), and simply enter *.jpg or *.gif, you'll see an incredible number of images that you never deliberately downloaded. That's because the cache feature can cause them to be downloaded automatically, and in theory, they stay on your hard drive forever. (Even if "deleted," they can be recovered.) Annoying porn popups can leave x-rated images on the hard drives of the most prudish people. But let's return to the invader who gets into your hard drive. What's really creepy is that unlike the situation of someone who might leave drugs in your house, he doesn't have to get inside. He could be anyone -- a total stranger simply "piggybacking" onto your WiFi signal, and downloading (or uploading) illegal images and files to his heart's content. The Inquirer had a piece about this today, and the implications are ominous: For law enforcement, tapping into wireless accounts is the latest way in which child pornography can evade the reach of the law.My first reaction to this was that Sgt. Samartino must be misstating the law. Surely there's no way they could get a warrant to come into your home with drawn guns, simply because someone hacked into your WiFi signal. I mean, like, that's totally unfair! Didn't the founding fathers say something about how we're supposed to be safe from unreasonable search and seizure? Saying "the account holder is responsible for the crime" is like saying that the homeowner is responsible for a crime committed by a burglar. Apparently, that's precisely what they're saying: Actually using an unprotected account is "piggybacking."Oh, well that's reassuring. Just wait for your friendly SWAT team to arrive to ask a few polite questions? Will they leave after you tell them you have no idea what they're talking about? Or will they barge in and shoot your dog before asking questions? I also see an issue of unequal protection, because I don't think they're going to conduct armed raids against governments and large espresso coffee house chains which host free anonymous "hot spots": Another concern for those who try to police Internet crime is "hot spots," where anyone can anonymously use open wireless accounts, such as cyber cafes, hotel lobbies and libraries.Yeah, I'm sure they are. But it's the homeowner and the small business owner who will end up getting screwed. The City of Philadelphia (and countless other cities which have wired public places for WiFi) will not be "held responsible for the crime" -- whether by Sgt. Samartino, or any other police officer. If you don't like it, they'll say you should have secured your WiFi signal. Which is, of course, good common sense. But failure to secure a signal is not a crime, nor should such a failure give rise to criminal culpability (nor should it furnish probable cause for a potentially deadly search warrant) for crimes committed by someone else -- any more than the failure to lock a front door or a car door should give rise to liability for a hit and run accident, or a murder committed in the house. This is all part of an increasing trend of preemptive law enforcement. It's tough to go after the guilty parties, so the idea is to frighten potential crime victims into doing as they're told under the belief that if they don't, they share in the guilt. It might be bad idea to fail to secure a WiFi connection, but it is not a crime, nor should it be. Of course, this tendency is not limited to computer piggybacking. There are legislative efforts in many places which make it a crime not to lock your car (because it might be "attractive" to criminals). If you don't lock your car or your house, of course, you're a stupid fool. Just as you'd be a stupid fool to walk the streets of Philadelphia wearing the Hope Diamond. But failure to take precautions against crime is not criminal behavior. Unless you believe in the idea that all victims are somehow guilty of aiding and abetting the criminals. UPDATE: Here's Glenn Reynolds today: They told me that if George W. Bush were re-elected, clueless cops would be confiscating computers willy-nilly. And they were right!It is definitely Bush's fault that something is rotten in Denmark: Police in Denmark confiscated the computer belonging to the guy who does the Rottin' in Denmark blog. They accused him of using a stolen credit card to buy stuff online. The blogger explained that he has an open WiFi access point, and that anyone can use it. It took them a long time to figure that out, but they took his computer (and his room mate's computer) anyway.And there's no indication of whether he got it back. I guess we should be glad we don't live in Denmark where police can just seize your stuff because bad guys messed with it. But the logic of this escapes me. If someone steals someone's credit card and uses it on my computer, I don't think that should allow the cops to take my computer away, because I didn't do anything wrong. I mean, suppose someone steals my credit card. Should that entitle the cops to confiscate my wallet? If a car thief steals my car and uses it in a crime spree, do the cops get to take my car away too? posted by Eric on 02.07.08 at 10:30 AM
Comments
I think you nailed it. It's easier to go after decent law-abaiding citizens than it is to go after criminals. And it will be even easier if they succeed in taking our guns away--then there's no chance of a cop getting hurt during one of their no-knock home invasions. tim maguire · February 7, 2008 12:11 PM "If a car thief steals my car and uses it in a crime spree, do the cops get to take my car away too?" In a word, yes. It would be held as evidence. Possibly disassembled. Hope your insurance covers theft. Marty · February 7, 2008 02:07 PM Six shots into his body, which one killed him? Tina · February 13, 2008 01:50 PM Post a comment
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I'm supposed to take the word of the goons that this man shot himself? Ha. Unless it was self-inflicted in the accidental sense.