Surfer's Web tangle unwinds a bit

Anchorage Daily News ^ | 3/10/07 | ANDREW WELLNER

[conservative in nyc]

Brian Tanner, the Web surfer whose computer police seized after chasing him twice from the Palmer Public Library parking lot, has his laptop back.

Tanner, 21, said Palmer police called March 3 saying he could pick the machine up "maybe Tuesday" after police checked it for child pornography. He said that he and police evidence custodian Jonathan Owen negotiated, and Owen scanned the laptop and returned it March 3.

Tanner said Thursday he has found another network outside a downtown Palmer bank that he won't identify that he taps into at night to play online games. Once he moves out of his parents' house he will set up his own connection, he said.

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Police initially seized the laptop under rules allowing them to impound property when they believe a crime has occurred, Remaley said. The same rule allows police to impound cars while waiting on a warrant to search for drugs or other contraband, he said.

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After many phone calls with library officials, Remaley finally decided theft of services could not have occurred and a search was unnecessary.

"I think I finally understand from the library that they don't charge for it. They don't have a time limit," Remaley said. "That means there's no theft."

Searching the computer for evidence of another crime would have been unlawful, Remaley said.

"First of all you lose your case and second of all you lose your credibility with prosecutors and the courts," he said.

Tanner's case, he said, is not yet over. He could be charged with trespassing and criminal mischief, the latter under statutes that forbid accessing a computer network without permission.

In both cases, it's clear, Remaley said, that Tanner knew he was doing something he wasn't supposed to.

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[Abby4116]

You could always change to wired instead of wireless if it would make you feel more comfortable