CLICKING ON THE WRONG WEB SITE IS NOW A FEDERAL CRIME

UNDERNEWS ^ | March 20, 2008 | Declan McCullagh

[E. Pluribus Unum]

The FBI has recently adopted a novel investigative technique: posting hyperlinks that purport to be illegal videos of minors having sex, and then raiding the homes of anyone willing to click on them.

Undercover FBI agents used this hyperlink-enticement technique, which directed Internet users to a clandestine government server, to stage armed raids of homes in Pennsylvania, New York, and Nevada last year. The supposed video files actually were gibberish and contained no illegal images.

A CNET News.com review of legal documents shows that courts have approved of this technique, even though it raises questions about entrapment, the problems of identifying who's using an open wireless connection--and whether anyone who clicks on a FBI link that contains no child pornography should be automatically subject to a dawn raid by federal police. . .

The implications of the FBI's hyperlink-enticement technique are sweeping. Using the same logic and legal arguments, federal agents could send unsolicited e-mail messages to millions of Americans advertising illegal narcotics or child pornography--and raid people who click on the links embedded in the spam messages. The bureau could register the "unlawfulimages.com" domain name and prosecute intentional visitors. And so on. . .

While it might seem that merely clicking on a link wouldn't be enough to justify a search warrant, courts have ruled otherwise. On March 6, U.S. District Judge Roger Hunt in Nevada agreed with a magistrate judge that the hyperlink-sting operation constituted sufficient probable cause to justify giving the FBI its search warrant. . .

The magistrate judge ruled that even the possibilities of spoofing or other users of an open Wi-Fi connection "would not have negated a substantial basis for concluding that there was probable cause to believe that evidence of child pornography would be found on the premises to be searched." Translated, that means the search warrant was valid.

Entrapment: Not a defense So far, at least, attorneys defending the hyperlink-sting cases do not appear to have raised unlawful entrapment as a defense.

"Claims of entrapment have been made in similar cases, but usually do not get very far," said Stephen Saltzburg, a professor at George Washington University's law school. "The individuals who chose to log into the FBI sites appear to have had no pressure put upon them by the government...It is doubtful that the individuals could claim the government made them do something they weren't predisposed to doing or that the government overreached.". . .

Civil libertarians warn that anyone who clicks on a hyperlink advertising something illegal--perhaps found while Web browsing or received through e-mail--could face the same fate.

When asked what would stop the FBI from expanding its hyperlink sting operation, Harvey Silverglate, a longtime criminal defense lawyer in Cambridge, Mass. and author of a forthcoming book on the Justice Department, replied: "Because the courts have been so narrow in their definition of 'entrapment,' and so expansive in their definition of 'probable cause,' there is nothing to stop the Feds from acting as you posit."

[Axenolith]

So what happens when some douchebag get the URL and hyperlinks it into an eMail to you that say’s “JoeBobs Excellent Gun deals” just because they don’t like you and it redirects you to the nanny states “please bust me now” child porn site??? You think the Feds are gonna just say “oh, obviously we weren’t after you so we won’t still take this opportunity to trash your house and possessions and maybe even find something completely unrelated”.

Are you freakin’ high? This is bulls**t GSG and if you can’t noodle it out as such you need to go back and take Liberty 101 over again.

If people were sick of pervs they do the only thing that cures them, lock them up forever or kill them. This applies to a huge amout of other crap too. You could have the same answer for 1099’s and all the financial crap.

20 years ago there were people using that same dumbass line about how “Well golly Bob, if you don’t have anything to hide you shouldn’t worry” and now days we put up with RIDICULOUS financial bulls**T and you know F***in’ what, DRUGS ARE STILL EVERYWHERE!!!

[monday]

“Anyone screaming about this has to be into kiddie porn, because there is no other reason for one to be throwing a tantrum over it.”

Do you know what spoofing is? Anyone can disguise a link to one of the FBI’s sting sites to look like a harmless link to whatever. Your bank, or insurance company for instance. Do you know anyone who doesn't like you? If you do, or even if you don't, you risk a midnight raid by the FBI. Good luck trying to convince them that you were set up. Actual child molesters all have excuses too. The FBI has heard them all and won't be in the least bit interested in yours.