Judge Rejects Seizure Of Student's Computer Over Suspicious Activity... Such As Using A Command Line
from the good-news dept
Back in April, we wrote about how a student at Boston College had his computer seized for supposedly sending a hoax email. The evidence used to allow the seizure was incredibly questionable, including (among a few other things) the fact that the student in question: "uses two different operating systems to hide his illegal activities. One is the regular B.C. operating system and the other is a black screen with white font which he uses prompt commands on." Yes, that damn command line prompt is a sign of suspicious activities. Luckily, a judge has now ruled the search and the seizure illegal, noting that there didn't seem to be any clear violation of the law, and that the reasons behind allowing the search did not establish probable cause. So, feel free to go back to using an operating system via a command line prompt in Massachussetts again. Apparently, you're no longer an automatic suspect for hacking.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: boston college, command line, reasonable search
Reader Comments
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I'm pretty sure...
Can't have that. Must be a crime.
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Clerk Magitrate?
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Re: I'm pretty sure...
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Re: I'm pretty sure...
P.S There's a Ubuntu running in a Sun VirtualBox on my screen and this is posted from FF.
On a MS Vista.
Because it's awesome.
And Unbuntu isn't.
And I can grep faster than you can think.
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Whatever really,
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Re:
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Remember The Right of Jury Nullification
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Re:
How hard would it have been for the police to say that in the warrant? All this would have been a non issue.
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I suspect if they kick the kid out, he'll sue, go to school elsewhere, and it'll be paid for.
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Command line
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A College!!!
There's nothing that annoys me more than a teacher that is a colossal retard when it comes to computers, even more so for a so-called "computer" teacher. Like the one high school teacher that went berserk over Firefox, or the other that sent a student to detention over "illegal" software (Linux), saying there is no such thing as free software and that Linux was illegal.
Having a College, the entire administration, participate in this mass stupidity doesn't say much for the quality of the institution. Nevertheless, I'm sure they were all tenured union professors.
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And who's the wellwisher?
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Re:
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Lawsuit, anyone?
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Lawsuit
I hate BS lawsuits.. But I think it needs to happen so that it does not happen to other people. Make an example out of the cops.
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Re: Lawsuit
The courts and cops LOVE to say how "Ignorance of the law is no excuse."
I would love to make them eat their words.
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Re: Command line
you can use putty full screen as well.
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Re: Re: I'm pretty sure...
I keep my tiny MS Vista partition around solely for iPhone jailbreaking, as it isn't possible in VirtualBox or WINE.
Again, I'm not flaming, I'd really like to know-- because I left Windows and never looked back once.
Sorry about the off-topic post, but I'm curious.
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Re: Re: Re: I'm pretty sure...
but that question is seriously tortured. That's pretty much the same as saying you can't think of one reason why someone would date a supermodel, other than being gorgeous, famous, and rich.
Applications are the reason. Vista sucks in many ways, and is inherently unstable and slow compared to most Linux distros. But I would way rather deal with a few crashes and restarts while enjoying the hundreds of thousands of games and applications written for Windows, than brag about my system uptime in #ubuntu on IRC while waiting for the GiMP to render a sweet new penguin graphic.
I run several FreeBSD servers, and I will not use a windows webhost on pain of death, but for a personal computer? No contest.
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Re:
I think you're making crap up now. You sound like that roommate of his.
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Re: Lawsuit, anyone?
Unfortunately not. I know of a case where the cops busted into someone's house, busted and ripped up everything they could with axes and sledge hammers, killed their dog and then said "Oops, looks like we forgot the warrant!" before walking away laughing. Their attorney told them that about all they could do is have any evidence collected excluded from any criminal trial.
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Re: Re: Lawsuit, anyone?
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Re: Re: Re: Re: I'm pretty sure...
Part of the problem is the rework. Software development is often offshored as a financial decision to reduce headcount. The perceived reduction in development costs is deemed okay by the business, however from a development perspective, the resulting code is rarely of good quality and there is usually a larger expense in reworking and support over the life of an offshored application. As a program manager who has to work with offshore efforts on daily basis, I often see no savings at all over the lifetime of a software product, and in some cases actually see projects costing a fortune to rework.
On another note, inflation is a huge risk for a good part of the software industry. This is especially true for companies with large stakes in India. When the inflation tsunami hits (which it will) many software and IT companies that have offshored core development will be in real trouble. Part of the problem also is that tomorrow's IT and Development managers are not learning the ropes of the business for the simple fact that the lower level jobs don't exist in America.
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Operating system
Linux is free so it must be illegal!
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Good thing for me
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Hate to say it
Yes, the part about the white font on a black background was asinine. But the sum total of indicators pointed to the roommate committing some sort of crime, although I wouldn't want to be the one to decide exactly what crime.
Also, nobody stated the roommate was the only person running Linux on campus. They stated that during the five days prior to "the incident", the roommate was one of two people running Ubuntu in Gabelli Hall (sounds like a dorm hall). I would assume that this comes from SysAdmin records which evidently identify the OS requesting an IP.
In this case, making a stink about the command line business was much ado about nothing, I think the warrant could (and should) have stood with or without that bit.
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