NNSquad - Network Neutrality Squad
[ NNSquad ] Why Today's "Cannibal Cop" Conviction Should Terrify You
Why Today's "Cannibal Cop" Conviction Should Terrify You
http://lauren.vortex.com/archive/001013.html
Most onlookers in a New York courtroom were apparently stunned today
when the so-called "cannibal cop" -- Gilberto Valle -- was convicted
in 16 hours of jury deliberation, and now faces potentially life in
prison, for what amounts to an Internet fantasy.
He's been held in solitary confinement since his wife used spyware to
track his online activities and uncovered his grotesque but
inconsistent and fantastical ramblings about kidnapping and eating
women. The actual charge was kidnapping conspiracy, even though it
was never demonstrated that anybody he talked to on fetish sites ever
took him seriously, and in fact his own statements on those sites
explicitly noted he was fantasizing.
The prosecution case basically boiled down their belief that being
focused on porn relating to eating people was "not normal."
Granted. But neither should be prosecuting someone for conspiracy
(all they could go after, since -- keep in mind -- nobody was ever
kidnapped, killed, or eaten) when no actual conspiracy even existed or
could be actually demonstrated.
Legal experts had generally predicted this outcome, knowing how easily
prosecutors could sway juries with nasty photos and tales of dark
Internet fantasies. Juries eat up this stuff (no pun intended) --
what the law actually says is of much less concern to them. Most
experts, by the way, have also predicted that the odds of a successful
appeal in this case are quite high.
I am tempted here to speak at length of my deep distrust and dislike
of the U.S. prosecutorial system (which allows prosecutors enormous
selective latitude for abuse) and the utterly dysfunctional,
manipulated, and just downright horrendous nature of our jury system
as it exists today. In terms of fundamental prosecutorial abuse at
least, there are even parallels between this case and the Aaron Swartz
disaster.
But perhaps you already know all this.
Of more immediate concern should be the realization that government
surveillance and mischaracterizations of Internet behavior could
potential drag anyone's Net communications -- however fantastical and
unrealistic -- into a world of pain (and shackles and cells), if
you're unfortunate enough to have the spotlight aimed in your
direction by prosecutors eager to make a name for themselves with a
high profile case.
Gilberto Valle had some definitely perverse and ugly fantasies, but as
we all know (or should know) his fantasies (and the websites he
frequented) don't even qualify as among the most eyebrow-raising on
the Web -- not by a long shot.
Hopefully, appellate courts will properly reverse this particular case
going forward.
But in the meantime -- and in times beyond -- be careful what you
think. Be careful what you say. Be careful what you type. Be
careful what you fantasize.
Or risk suffering the penalties for thought crime -- today, tomorrow,
and forever.
--Lauren--
Lauren Weinstein (lauren@vortex.com): http://www.vortex.com/lauren
Co-Founder: People For Internet Responsibility: http://www.pfir.org/pfir-info
Founder:
- Network Neutrality Squad: http://www.nnsquad.org
- PRIVACY Forum: http://www.vortex.com/privacy-info
- Data Wisdom Explorers League: http://www.dwel.org
- Global Coalition for Transparent Internet Performance: http://www.gctip.org
Member: ACM Committee on Computers and Public Policy
Lauren's Blog: http://lauren.vortex.com
Google+: http://vortex.com/g+lauren / Twitter: http://vortex.com/t-lauren
Tel: +1 (818) 225-2800 / Skype: vortex.com
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