Precedence is Set for ARRESTING People Over Twitter Remarks.

by sara star | November 4, 2009 at 05:29 am
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FBI: Watch out what you say on the internet

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FBI: Watch out what you say on the internet

 Michael Wallschlaeger and a friend were arrested and charged by the FBI for allegedly directing protests at the Pittsburgh G20 Summit in September/09.


The FBI has accused a US citizen of using the Internet to organize protests at the September G20 Summit in Pittsburgh, setting a precedent of a social networking arrest.

In this day and age, you are either a user yourself, or you know someone who is addicted to either Facebook or Twitter or both. Social networking sites draw millions of hits every day. But how safe are you when you say or do something on the web?

You may think there are a limited number of things you can do on the Internet that could get you in trouble. But as it turns out, in the US, the list is growing almost every day. And one man in New York has found this out the hard way.


Michael says he has gone through hell for his political beliefs.

  The whole idea of the G20 protests was an attempt to try to talk about those issues talk about the richest people in the world getting together making decisions for the 90% of us.

All charges have been dropped, proving there was no reason to warrant the arrest in the first place. This could even happen to journalists, too.

And although the charges against Michael and his friend were dropped later, a precedent for Internet arrests has been set for the first time in American history.

Here is what one thinks...

I believe Twiiter is an experiment, maybe in a couple of years the CIA will offer twits money to spy and list everything what goes on in your neighbourhoods and in your lifes without your consent...
  ...only CIA agents are allowed to use twitter to give FALSE information
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2
albertacowpoke

This is alarming. 

3
AlvarezGalloso

Thank you for sharing and this is alarming. We should continue to struggle for Freedom of Speech, Freedom of Press, and Freedom of Expression even in the digital age.

1
tallison

The era of democracy is over.

3
Blogking

My My!

So now everyone will need to get her/his tweet ratified by agencies before posting?! Hope I am not booked for this one! :(

4
Roy C

If the protests he directed became violent, then there was a good reason to look at him and his "direction" of those protests to see if he was part of conspiracy to do violence.

I am guessing, but the twitter messages probably cleared his name because they had no directions for violence. If every time he sent a message, violence occurred, it does make him look responsible and he may in fact be responsible.

I wouldn't worry about Twitter anymore than anything else you use, such as the telephone, cell phone, or e-mail.


3
jazzyzazzy

Absolutely Riddiculous.

2
Tomitheos

wow, so when the Twitter users join and comply with all their personal information, their freedom of expression is compromised and subjected to prosecution.. no wonder Miley Cyrus quit Twitter..!

2
Amy Judd

This reminds me of things like people getting fired for saying something about their job on Facebook.

Just because something is on the internet doesn't mean you can't be held accountable - it's not a free pass.


1
Beaulieu

I know, we are gagged:)

On the bright side, there are gyms in jails, they have the internet, you get more nutritious food than in hospitals and you can get a law degree.  They just haven't got enough room for us all.  Never mind everyone being famous for 15 minutes, in 15 years time, everyone will have a taste of 'porridge'.

0
sara star

I agree Amy.

I just want to know that if I post the whereabouts of police officers on NP, will I get arrested too?

Oh please don't answer that....I know the answer. Some day......

1
René

What happened to America, the Land of the Free? Is this the change B.O. promised?

what kind of 'Hope' is this?


1
a211423

I agree with Roy on this.

If the intent is to organize to insight violence or treason, they leave themselves open for prosecution if they can be identified, which with the sofistication of tracking, it should be easily done even if they are anonymous.   

All the digital media can be anonymous, and it can be used for stalking and other forms of conspiracy particularly on twitter that is a constant stream of information in real time. 

  

0
Roy C

Thanks.

0
ranter22

I suppose they will be putting together warrants for The North Korean leader, Qaddafi and Hugo Chavez as well. Not the Taliban, because they get droned to death. Possibly this order may be retroactive in content, so If anyone made any boo boos, there is still time to head for the hills! I may have said something good at some point and perhaps they will bring me a medal for patriotic bravery. Lets just say I research all my truths and only write stuff, that even if deemed nasty, they are at least verifiable.

1
merlingraycat

Don't know why anyone is surprised about the government spying on the people.  Bush/Cheney and their cohorts made it legal to spy on U.S. citizens without even a judge's ok.  And Obama has not done anything to change that so far.  At least to the best of my knowledge.  So get used to it.

0
QueensHart

Yep merlingraycat .  It is a good thing when the world is full of mentally deranged folks.  Why not?  We have stopped some very bad situations . You have a suggestion on how to catch people planning to do harm ?  I don't mind if they listen.  Obama has not for he stepped into big boys world and found out about all the horrible stuff and knows what we gotta do because we gotta!

I wish we could set a precedent for public vulgarity.  People who talk ugly in front of children are slime balls and should have to do community service or something.   Maybe we can film them and turn it in?  LOL  I am not about to ask someone bigger than me to shut their filthy mouth and take the chance of being knocked out.

1
Hugh Askew

I know i'm gunna dig out my tin foil hat. Call my buddy, Roz, put on some Captain Beefheart........and chill.

Does anyone know what the exact charges were?

Like "inciting to riot", or some such? Had to be for something, in order to get arrested.

As far as i know, anything put on the internet for viewing is public knowledge. If he said something that was considered grounds for arrest - in a public forum - i don't know what freedom of expression, free speech, a free press, or government spying has to do with it.

Not like you can stand on a soapbox and create a riot without you should get arrested.

0
sara star

Good question.

When does "freedom of speech" get turned into "inciting a riot", or are the lines blurred, giving officials free reign to do what they want, damn human rights.

The 18 page affidavit authorizing the arrest  is sealed... and will be revealed Nov 23... maybe, stand by,

At a hearing today, instead of oral arguments regarding a defense motion to unseal the secret 18-page affidavit authorizing the arrests of Elliott Madison and Michael Wallschlager at a motel just outside of Pittsburgh, the prosecution immediately moved to withdraw all charges against the two before the defense had a chance to argue its case.  Although clear from the beginning that these charges were absurd based on the State’s very own laws, our housemates were incarcerated for 36 hours, had their van towed and belongings confiscated, and one house member was given $30,000 in straight bail.

....The secret affidavit authorizing the arrests in Pennsylvania is set to become public on Nov. 23rd. We imagine the Pennsylvania State Police will seek an extension to keep this document sealed—perhaps in order to hide the flimsiness of their secret evidence?

 I am not a lawyer, but here is what I could find....

Pennsylvania prosecutors are now charging Madison and Wallschlaeger with “hindering prosecution, criminal use of communication facility and possessing criminal instruments.”

...Although no federal charges have been filed yet, Madison and his wife, Elena, are now under investigation on trumped-up charges of violating an interstate rioting law. Passed in 1968, that law is known as the “H. Rap Brown law” because it was intended to target black militants and leftist activists. As the Madisons’ attorney pointed out, this law has been rarely used since the case of the Chicago Seven, who were arrested during the 1968 Democratic National Convention protests in Chicago.


0
Hugh Askew

Sara - i have absolutely no idea why he was arrested. That is for the courts and lawyers to sort out.  i make the asumption that they had - or thought they had - probable cause to arrest him.

The internet/Twitter thing is the point that torques my jaw. Just because it is Twitter, Or My SpaceBook.com, or Craigslist , that doesn't mean you can use it for illegal purposes.

Sure, a lot of kiddie porn types think different, and they go to jail when they get caught. And, yes, they have private accounts where they go to grab their milk and cookies. Still, they are breaking the law - that is the no-no.

Unless we want to create a different class for different types of internet crime, then we all have to abide by those laws - or face the consequences.

0
sara star

The law is the law, no matter where it is.

However, why keep the avidavit sealed?  ?

1
sara star

Could have been the picture of Lenin.

Investigators seized a pound of liquid mercury, metal triangles used to puncture tires, two boxes of ammunition, a book called "Manifesto of Rioting," and a picture of Vladimir Lenin.


0
Hugh Askew

Well, why didn't you say so?

Obviously, the pigs are wrong.

0
Roy C

Sara, "two boxes of ammunition"? Liquid mercury? For what? Sounds as if someone meant to cause trouble.



0
sara star

Obviously planted, or misinformation....ha. 

Seriously, not defending the guy, but he could have been an electrician. Or using mercury for his spy apparatus.

As far as ammo, doesn't every American have that? Right to bear arms?

 

Mercury is used in laboratories for making thermometers, barometers, diffusion pumps, and many other instruments. It is used for mercury switches and other electrical apparatus. It is used as an electrode in some types of electrolysis and for making batteries (mercury cells).

 


2
nanute

The District Attorney and his spokesperson were at pains to explain why the State would drop all charges against these dangerous twitterists and of course, refused to admit that these charges were unconstitutional and a heavy-handed attempt to scare anarchists and others from protesting in ways unsanctioned by the government. Instead, the prosecution says they decided that pursuing the charges “would be unwise” after consulting other law enforcement agencies and because of other pending investigations. The secret affidavit authorizing the arrests in Pennsylvania is set to become public on Nov. 23rd. examiner.com

It's a brave new world out there I don't condone inciting violence against the state or any one else. These two were accused of listening to police scanners (not a crime), and telling protesters where the police presence was. As far as I know, they were not inciting any violence. Who knows, it's all a state secret.

Remember the debate during the "Patriot Act"  legislative process. If you've got nothing to hide, what are you afraid of was the rhetoric from the supporters. Well, this case is an illustration of what you've got to worry about. It is now permissible to arrest you under the pretense that you might be involved in illegal activity. Proof of illegal activity is a mere inconvenient legal formality that can be disregarded now. If you are "lucky" and get labeled an "enemy combatant" you can be held without charge, and indefinitely. No warrants, no probable cause and no due process under the new "rules."  The State  might have to go tell a super secret judge what's going on, but after the fact, not before.

9-11 changed all the notions we had as a society with regard to basic rights and freedom. I don't know how one saves the foundations of the nation by subverting the principles. If you think the sacrifice of civil liberties is worth the price of a false sense of safety, you've got no problem with this case. Otherwise, it's time for a reassessment of what you think you thought.


0
sara star

Proof of illegal activity is a mere inconvenient legal formality that can be disregarded now. If you are "lucky" and get labeled an "enemy combatant" you can be held without charge, and indefinitely. No warrants, no probable cause and no due process under the new "rules."

9-11 changed all the notions we had as a society with regard to basic rights and freedom.

I think you summed that up pretty well, that is the fear.

We will never know the whole story. No one does.

And take a look at the video. He just does not come across as a criminal!

1
Paschen

Sorry I missed this earlier. Fascinating and worrying.

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First Flagged at 5:52 AM, Nov 4, 2009 by Blue Crush
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