Saturday, June 13, 2009

"Socially dangerous behavior"

Here's an interesting story of an artist - Artem Loskutov - the Russian government is afraid of. The blog describes other recent clashes between artists and police there. On June 10 Artem was released until trial.

The interesting thing is not really that these particular events have happened (it's been the same story for thousands of years), but that once again young artists are openly challenging the controlling regime (and its police force) in Russia. Governments always get nervous about people who can generate a mob in the street no matter the reason. "Socially dangerous" means you can change people's minds.

Spreading the news of their struggle is essential to keeping artists safe when they embark on such dangerous missions as these. Oppression works best when it's a well-known secret rather than when it's embarrassing international news. Artists inside Russia are at more risk, so artists outside Russia should support them in their efforts.

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Monday, November 17, 2008

"Don't Talk to the Police" by Professor James Duane


Even if you're innocent and not under suspicion, you can be jailed for things you say to police. Just don't talk to them without a lawyer by your side. Even when you're just a witness, even when you are the one who called the cops, you can be arrested or prosecuted later for things you say.

Don't talk to the police without a lawyer, because [paraphrased]:

1. It can't help you. They can arrest you no matter what you say -- and probably will. What you tell police can't be used to help you at trial. Save it for court. Don't try to talk your way out of something after the police show up.

2. It's possible to admit you're guilty or say something incriminating, even by accident. Save it for court.

[It also doesn't help to admit guilt when the cops insist that they will go easier on you if you confess. So many kids fall for this one! It's just a lie they tell you in order to get you to self-incriminate so they won't have to prove anything. Cops can lie to you, but it's easy to get thrown in jail merely for lying to them (ask Martha Stewart). This is particularly true for the Feds. Some people would also get off on bad busts except for the fact that they admitted they were guilty to the police.]

3. Even if you are innocent, if you make a mistake when telling your story -- even by accident -- you could get convicted later as a result.

4. Even if you are innocent and tell the truth and only the truth, you might still give the cops information that could get you convicted in court. Prosecutors need to convict someone, so they look hard for someone no matter how far fetched the case may be. The 5th Amendment protects you from incriminating yourself, but only if you don't do it. Keeping your mouth shut is the only way to be sure. Innocent or guilty, the 5th protects you. Don't waste what little protection you have by talking.

5. If you talk to the police, regardless of what you say, they could easily remember what you said badly, exposing you to the possibility of being wrongfully convicted in court.

6. Even if you are videotaped.

7. Especially if the authorities then turn up someone with even mistaken or unreliable evidence that contradicts your statements.

[Tip: Television has nothing to do with real life and it may be entirely misleading about police and court procedures.]

[And last but not least, the big lie that will not die: Undercover police and informants can lie when you ask them if they are the police. There is no magic police deactivation phrase!]

: Thank you very much officer, but I can't talk to you without my lawyer here.

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Friday, August 08, 2008

Houston writer who was wrongfully arrested wins lawsuit!

"Article" was arrested for allegedly resisting arrest (WTF?) while painting during a legal workshop he was giving at an arts festival, in 2006. He stood up for his rights and finally won the case against the city of Houston, Texas. He and his lawyer will get nearly $20,000 in the settlement.

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Tuesday, July 22, 2008

How posting online can get you busted UPDATE

UPDATE: Burning Black says that with a little work you can change your computer's MAC address as needed.

---

Recently, writers have been arrested for:

* showing throwups and tags on MySpace
* showing videos of their illegal actions on YouTube
* posting bombing photos to forums
* other people posting their trains on forums

The way this generally works is that everything you do online technically requires that the IP (internet protocol) address of your computer be recorded by the web servers at the sites you visit. Sometimes the IP address simply points at your ISP (internet service provider, for example: AOL, Comcast, BT etc.), but those companies can figure out who was doing what at a particular time, and web servers also record the time. So together, quite often, the webserver info and the ISP info lead straight to your bedroom. So if you have a local cop or reporter who hates you, s/he may do the work to track you down over the net.

Sites that care about your privacy, like Art Crimes, do not keep logs of user activity. Unfortunately most sites want to keep that information so they can count visitors and sell more advertising or simply have some way to ban some people temporarily from a forum. Some sites keep webserver logs forever and others dump them after some amount of time.

Google tracks everyone's search terms, for example, but now they say they will throw the IP addresses away after 18 months. But they have been forced to give massive amounts of YouTube logs to Viacom in a copyright dispute and this week won the right to anonymize them first. If those logs had been stored in an anonymized state they would not have posed the risk to millions of people that they did.

Posting copyrighted materials is illegal (expensively) and yet digging through everyone's records in order to find out who uploaded what is the wrong way to address it. Terrorism is terrible, but spying on everyone's phone calls in order to find the dirty dozen is not an acceptable solution either. Unfortunately the US Congress thinks this is fine and passed a law about that this month (FISA).)

My point here is that we all are being tracked by governments and media giants routinely, and that your favorite little forums can give you up by accident or through being forced to give up those logs they save. Your own equipment can leak information that's dangerous to you.

To get a bit more anonymity online, you need to use public computers or free wifi that you don't have to sign up for, but if you use your own computer or phone, it can still leave its own unique ID number behind (MAC address). Even your camera or camera phone can give up important info such as the exact location (GPS) and time and date you took the photo, camera type, etc., if you don't erase that info (EXIF) before you upload.

The best policy is not to incriminate yourself by posting your own illegal acts online, because technically, you may not be able to delete them, ever. Even then it's possible that someone else's posting of your illegal stuff will get you in trouble, so it's best to try to control what you've got out there and how it represents you, by restricting access to or usage of your photos. Same advice goes for those drunken orgy photos, of course.

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Tuesday, May 27, 2008

Philly cops charged in attack on graffiti artist

Cops break this guy's jaw, knock out some teeth, then try to cover it up. PD vows to stop the violence.

Most larger police depts in the USA seem to have a few bone breakers and shoot-first guys working for them, and those guys get most of the excessive force complaints, statistically. It would be great if these thugs could all be forced to find other jobs before they kill people. It would be REALLY GREAT if the police departments would fire them before they become front page news. When the courts have to step in to clean up the PD, the thugs should all go to jail.

If the goal is to have citizens obey the law, it's essential for the police and elected officials to toe that line and to be punished when they don't. Terrorizing citizens is not something civilized society should allow its police to do. Document, publish, and complain when you see it go down, because you could be saving lives.

Thanks to David Vernitsky for fighting this good fight in Philly. We sure hope he's recovering well from his awful injuries.

Kudos to the Philly PD for getting rid of the violent offenders on the force.

We hope the wedding-party-killing NYPD thugs don't go unpunished either. The courts really let the people down on that one, but the department is taking some internal action allegedly.

--from the article:

-AP

"Philly cops charged in attack on graffiti artist

By BOB LENTZ ? 9 hours ago

PHILADELPHIA (AP) ? Two Philadelphia police officers accused of beating a man they saw painting graffiti were charged Tuesday with assault and falsifying records.

[...]

Authorities say Officers Sheldon Fitzgerald and Howard Hill III broke the graffiti painter's jaw on one side and dislocated it on the other before throwing him head first into the back of a patrol car. The man was never charged with a crime.

'This is an unfortunate incident, but it is in no way a reflection on the entire department,' Police Commissioner Charles Ramsey said at a news conference Tuesday. 'I do think that it is another statement that excessive force just will not be tolerated in our department.'

District Attorney Lynne Abraham said her office completed its investigation into the attack on David Vernitsky earlier this month after receiving a complaint of excessive force in November.

Vernitsky had attended a wedding and was spray-painting congratulations to the couple on the wall of a beauty supply house in the city's Feltonville section when police saw him, officials said.

Vernitsky fled, but the officers caught up and beat him, kicking him in the groin, bruising his face and ribs, and knocking out three teeth, Abraham said at the news conference.

The officers released Vernitsky after they checked for outstanding warrants and found none, officials said. The 36-year-old Philadelphia man was taken by friends to a hospital, where he stayed a few days, Abraham said.

The officers didn't document their contact with Vernitsky. Instead, officials said, the pair made a false entry in their log showing they were elsewhere at the time of the beating.

Fitzgerald and Hill were suspended without pay pending trial, Ramsey said. The pair was notified of the charges Tuesday and have 72 hours to turn themselves in.

[...]

The officers, who have been on the force five years each, face charges of aggravated assault, simple assault, recklessly endangering another person, tampering with public records and conspiracy.

Earlier this month, a television news helicopter videotaped 18 city police officers and a transit officer kicking and beating three shooting suspects as they were dragged from their car. Ramsey said last week that four officers would be fired and four others disciplined for their roles in the beatings."

-AP

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