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Barrett Brown sentenced to 63 months in prison

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Re: Barrett Brown sentenced to 63 months in prison

#91
post #75

Earlier quoted context omitted.

I think the point being made is that the law is enforced selectively and with varying degrees of enthusiasm, to further the interests of specific political groups.

It's striking that someone as intelligent as the comment parent could not see this. Saying "the US justice system seems only to protect the status quo because it vigorously enforces email leaks out of shady private spying companies while ignoring torture" doesn't imply that car theft should go unpunished at all . But then, if you're an HN celebrity, you can probably count on being able to say anything and get upvoted…

I don't know why you're attributing motives for this phenomenon to me, because (a) I mostly agree with you, and (b) find it irritating, not satisfying.

(I mean, I agree that my comments will get upvoted much more quickly than yours no matter what I say, not that my comment above was so incoherent that it could only be upvoted out of bias).

The problem with masking usernames prior to votes is that it would make all comments anonymous, and spur a lot of pointless voting.

I'd much rather an HN flag that simply stopped awarding karma or, for that matter, comment scores above (say) 5 once a commenter crosses (say) 50k karma. Dan wouldn't even have to make it mandatory; he could just make it public whether or not you've opted-in to that "level playing field" feature. Most high-karma commenters would.

The top 10 commenter karma scores on the leaderboard were removed after I lobbied for it for months. I wish they'd extend it all the way down to that 50k threshold; at a certain point, you should just have "karma: lots" (like Slashdot used to) and no gradations between those users.

I'd still get bonus upvotes though, because there are people who more or less "subscribe" to my comments. Same thing with Patrick, George Grellas, and 'mechanical_fish. And, god willing, 'tzs.

Finally, believe me, my real professional circle is mostly made up of people who think very little of HN, and my karma here is not a source of "celebrity" for me, or at least, not in a good sense.

Re: Barrett Brown sentenced to 63 months in prison

#92
post #3

It's hard to know what happened here, because the papers aren't available, and honestly, PACER is a piece of shit to get stuff from anyway. However, I wouldn't believe random tweets. For example, one says: "Notable that though there's no evidence Barrett took part in the hack releasing credit card info judge is determined he did. #FreeBB" This is pretty unlikely, particularly if it was used as a sentencing factor. Ev…

I just read through this document: https://freebarrettbrown.org/files/BB_factualresume.pdf Sounds like he not only became a lulzsec negotiator and obstructor, he later threatened an FBI agent and well as that agent's children. Uh yeah, the far left wants to make this asshole a hero? You guys need better heroes. Mitnick, Hammond, Ulbricht, Omari, lizard squad, etc. These guys are all pretty much scumbags and clearly c…

"the far left"

While some of his defenders are on the left, some are right-wing libertarians, and I don't think it's really reasonable to make shallow politicized generalizations about who his supporters are. For the record, I am very far to the left and while I think the sentence was a bit over the top, I don't think he was innocent or was a noble person. I'd also like to see all the lizard squad kids (including Omari) nailed hard, and find Ulbricht despicable. I liked Mitnick when I met him, though.

Re: Barrett Brown sentenced to 63 months in prison

#93

Earlier quoted context omitted.

By that logic every single case that the FBI prosecutes is fruit of the poison tree. I am in no way in support of NSA activities, but in order to make your claim you need some proof unfortunately. If it were ever proven that the FBI regularly uses NSA warantless wiretaps to aid in convictions of US citizens there will be many cases overturned.

Sorry, but on this topic, the Snowden disclosures decisively shift the burden of proof away from me. Read them, then moderate.

Two points: 1) the parallel construction headlines were not from the Snowden disclosures, they were from documents independently obtained by Reuters[1]. 2) This is what the original article actually had to say about NSA involvement in parallel construction (emphasis mine):

"Today, the SOD offers at least three services to federal, state and local law enforcement agents: coordinating international investigations such as the Bout case; distributing tips from overseas NSA intercepts, informants, foreign law enforcement partners and domestic wiretaps; and circulating tips from a massive database known as DICE."

...

"Wiretap tips forwarded by the SOD usually come from foreign governments, U.S. intelligence agencies or court-authorized domestic phone recordings. Because warrantless eavesdropping on Americans is illegal, tips from intelligence agencies are generally not forwarded to the SOD until a caller's citizenship can be verified, according to one senior law enforcement official and one former U.S. military intelligence analyst."

[1] http://mobile.reuters.com/article/idUSBRE97409R20130805?irpc...

Re: Barrett Brown sentenced to 63 months in prison

#94

Earlier quoted context omitted.

By that logic every single case that the FBI prosecutes is fruit of the poison tree. I am in no way in support of NSA activities, but in order to make your claim you need some proof unfortunately. If it were ever proven that the FBI regularly uses NSA warantless wiretaps to aid in convictions of US citizens there will be many cases overturned.

Every case prosecuted by the FBI ever since parallel construction started is fruit of the poison tree.

To downvoters: the truth hurts, doesn't it?

Re: Barrett Brown sentenced to 63 months in prison

#95

Earlier quoted context omitted.

Sorry, but on this topic, the Snowden disclosures decisively shift the burden of proof away from me. Read them, then moderate.

Two points: 1) the parallel construction headlines were not from the Snowden disclosures, they were from documents independently obtained by Reuters[1]. 2) This is what the original article actually had to say about NSA involvement in parallel construction (emphasis mine): "Today, the SOD offers at least three services to federal, state and local law enforcement agents: coordinating international investigations such…

Two points: 1) the parallel construction headlines were not from the Snowden disclosures, they were from documents independently obtained by Reuters[1].

Ah, I stand corrected, thanks. I didn't know that. It's not the least bit material, but I'll be careful not to credit/blame Snowden for bringing us this little tidbit of knowledge in the future.

2) This is what the original article actually had to say about NSA involvement in parallel construction (emphasis mine): "Today, the SOD offers at least three services to federal, state and local law enforcement agents: coordinating international investigations such as the Bout case; distributing tips from overseas NSA intercepts, informants, foreign law enforcement partners and domestic wiretaps; and circulating tips from a massive database known as DICE."

Only the article's second sentence matters, as far as I'm concerned:

Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations (of American citizens) truly begin - not only from defense lawyers but also sometimes from prosecutors and judges.

And with respect to

"Wiretap tips forwarded by the SOD usually come from foreign governments, U.S. intelligence agencies or court-authorized domestic phone recordings. Because warrantless eavesdropping on Americans is illegal, tips from intelligence agencies are generally not forwarded to the SOD until a caller's citizenship can be verified, according to one senior law enforcement official and one former U.S. military intelligence analyst."

These people break countless laws and tell countless lies every day, with total impunity even when said lies are told before Congress. Excuse me if I don't believe "one senior law enforcement official and one former intelligence analyst" for one minute. Give me one reason to.

Re: Barrett Brown sentenced to 63 months in prison

#96
post #46

The US government's system of justice seems increasingly opaque, arbitrary, and solely for the purpose of maintaining the status quo and those already in power. Meanwhile, much worse crimes by those in power such as torture go unpunished.

It only seems opaque because the article is so shitty. They bury the actual basis of the sentence in the middle: > He ultimately signed a plea deal on three lesser charges: transmitting a threat, trying to hide a laptop computer during a raid, and to being "accessory after the fact in the unauthorized access to a protected computer." The factual stipulation justifies each of these: https://freebarrettbrown.org/files/…

Oh yes but you may have left out some context forming the basis of comparison, that the hack was breaking password hashes. Which were broken by Hector "sabu" Monseignor (sp?), who was taking orders from the FBI at the time and using FBI resources to break those hashes. Actual criminal conspiracy before the fact. Charges for that? I haven't heard of them, have you? What should the sentence for that criminal conspiracy be? What charges should be trumped up to get a plea? Or should the charges be left at none, because, um?

If you do put it in the context of nobody involved in the criminal conspiracies exposed at HBGary being charged let alone convicted, for example, you can't really pretend this is anything remotely resembling blind justice.

But yeah, the hack of stratfor didn't do anyone any real damage other than really shining a light on the snouts in the trough of "security consulting" in Washington. Those bozos were getting paid(!) but they leaked emails in the hack suggesting there was nothing to Assange's rape accusation. You can't leak that opinion if you're getting paid in Washington, it's counter to message. Makes everyone on the gravy train nervous. Bad for business.

The "justification" of this sentence, significantly more draconian than wealthy child rapists, like Epstein, whose deal was a very different one, still has this epic, horrendous, penetrating stench of "there is not one law for everybody in this land, the system is completely bent and nobody really believes otherwise."

Are you ok with it? I'm not really ok with it myself because revolutionary change is a horrendous thing, but it's what happened the world over if reform of endemic corruption is stopped. Ask someone from a country that has done that, they aren't nice stories for ordinary people.

But Holder isn't going to let police confiscate your property and money without charges anymore. Maybe. Perhaps. Holder decided just now in the land of the free. So there's that, right?

oh and while we're dealing with opinion 1) what journalist following the story wouldn't email HBGary? Who wouldn't tease a criminal organisation to get more information about the conspiracy in which they were involved? It's a massive story. 2) Incoherent rant, significantly less threatening than the plea bargain. He looks a mess and incapable of tying his shoes. I have trouble believing anyone would be scared by that. But interesting in the light of the number of death threats we see from people not in that state in the media, no? But the people receiving the death threats aren't liked by those with their snouts in so they're probably more credible so we need to let those go because Free Speech. 3) Warrant to search his reporting notes after he'd exposed the crooks. How do you feel about that? I'm not sure I'm entirely comfortable with it. What did they find when they searched? Well this was the best charges they could make stick and could only do that with plea bargain blackmail doubled down with frankly ridiculous sentencing. Pretty weak huh?

I haven't seen anything suggesting his intent was anything other than altruistic, nor anything to suggest the results of his actions unintended or otherwise were damaging to anyone who isn't crooked. But that last bit is just "my opinion" and what I really object to is the law being applied unfairly and unequally. The people running Sabu at the FBI, HBGary, Stratfor and all those highly paid, consultants in washington will disagree with me that he should have been found guilty and let go on time served with some mixed words from the bench, some praise for intent, some praise for result and some admonishment for recklessness.

Re: Barrett Brown sentenced to 63 months in prison

#97
post #7
post #5

Earlier quoted context omitted.

Sure 5 < 100, but does that somehow change the morality of what's being done here?

I'm less certain about the morality of the charges than you are. My certainty also does not have the same magnitude as yours but on the inverse vector. Someone will inevitably premise a reply on the idea that it does, though. My understanding, after reading the news and the relevant stuff on freebarrettbrown.org (which collects a bunch of filings) is that he faced sentencing for three counts: (i) concealing laptops d…

Our opinions on the application of law and justice are usually diametrically opposed, but I have to thank you for taking the time to write this out. It's completely fair and even-handed, and focuses on the facts of the case.

Re: Barrett Brown sentenced to 63 months in prison

#98
post #26

The US government's system of justice seems increasingly opaque, arbitrary, and solely for the purpose of maintaining the status quo and those already in power. Meanwhile, much worse crimes by those in power such as torture go unpunished.

Institutionalized and organized torture programs are a monstrous offense, so by implication you're saying it's immoral to enforce laws against all lesser offenses, not just the ones that have a lot of HN valence. For instance, you would also believe it's immoral to enforce laws against car theft, or counterfeiting. I'm as frustrated as everyone else that the CIA and its horrible contractors, some of whom enriched the…

> ...so by implication you're saying it's immoral to enforce laws against all lesser offenses...

After reading and re-reading the rest of this subthread, I think there's an error here. I don't see that shit_parade was saying that; they were just expressing frustration at what appears to be disproportionate resources dedicated to prosecuting the likes of Barrett Brown vs. resources dedicated to prosecuting state-sponsored torturers.

(For the record, I recognize that all moral issues aside, prosecuting state-sponsored torturers is a lot harder than prosecuting someone like Barrett Brown.)

I don't see anything in their comment that implied the morality of enforcing laws against lesser offenses.

Or maybe more clearly: "I wish those in power guilty of torture would be punished" is not quite the same as, "Those in power guilty of torture should be punished before anyone else is".

Re: Barrett Brown sentenced to 63 months in prison

#99
post #26

Earlier quoted context omitted.

Institutionalized and organized torture programs are a monstrous offense, so by implication you're saying it's immoral to enforce laws against all lesser offenses, not just the ones that have a lot of HN valence. For instance, you would also believe it's immoral to enforce laws against car theft, or counterfeiting. I'm as frustrated as everyone else that the CIA and its horrible contractors, some of whom enriched the…

> ...so by implication you're saying it's immoral to enforce laws against all lesser offenses... After reading and re-reading the rest of this subthread, I think there's an error here. I don't see that shit_parade was saying that; they were just expressing frustration at what appears to be disproportionate resources dedicated to prosecuting the likes of Barrett Brown vs. resources dedicated to prosecuting state-spons…

I agree. Buried somewhere downthread is a comment where I admitted being a bit knee-jerk about this.

Re: Barrett Brown sentenced to 63 months in prison

#100
post #7

Earlier quoted context omitted.

I'm less certain about the morality of the charges than you are. My certainty also does not have the same magnitude as yours but on the inverse vector. Someone will inevitably premise a reply on the idea that it does, though. My understanding, after reading the news and the relevant stuff on freebarrettbrown.org (which collects a bunch of filings) is that he faced sentencing for three counts: (i) concealing laptops d…

Our opinions on the application of law and justice are usually diametrically opposed, but I have to thank you for taking the time to write this out. It's completely fair and even-handed, and focuses on the facts of the case.

Thank you. I doubt we're diametrically opposed, unless you're an anarcho-capitalist.

A detail I didn't have until this comment was too stale to edit:

The "accessory after the fact" charge seems to have been --- according to Kim Zetter --- based not on the transmission of the link, but rather the specific role Brown played as a go-between for the Stratfor hacker and Stratfor itself. To wit: Brown is apparently accused of exploiting that role for the purpose of throwing the scent off Jeremy Hammond.

You can be deeply aware of a crime in progress and not have any duty under US criminal law to police your fellow citizens. But that's a precarious position to be in: as soon as you do anything that can be construed as helping the crime, you graduate from witness to accessory. That seems to have been what happened to Brown.

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