Comment by spankalee

1 day ago

I don't think it's much of a problem at all. Many of the protesters and observers are not hiding their identities, so finding their phone number isn't a problem. Even with content, coordinating legal activities isn't a problem either.

I would never agree with you. protestors behaving legally or practicing civil disobedience can still have their lives ruined by people in power.

https://www.phoenixnewtimes.com/news/arizona-supreme-court-s...

  • The literal point of civil disobedience is accepting that you may end up in jail:

    "Any man who breaks a law that conscience tells him is unjust and willingly accepts the penalty by staying in jail to arouse the conscience of the community on the injustice of the law is at that moment expressing the very highest respect for the law."

    -- Letter from the Birmingham Jail, MLK Jr: https://people.uncw.edu/schmidt/201Stuff/F14/B%20SophistSocr...

    • That's not the point of civil disobedience, it's an unfortunate side effect. You praise a martyr for their sacrifice, you deplore that the sacrifice was necessary.

      1 reply →

    • This works when protesting an unjust law with known penalties. King knew he would be arrested and had an approximate idea on the range of time he could be incarcerated for. I don't know if it's the same bargain when you are subjecting yourself to an actor that does not believe it is bound by the law.

      2 replies →

    • If you let the government stomp on your constitutional rights and willingly go to jail on unconstitutional grounds, then that's not respect for the law. That's respect for injustice.

      Accepting jail over 1A protected protests only proves you're weak (not in the morally deficient way, just from a physical possibilities way) enough to be taken. No one thinks more highly of you or your 'respect for the law' for being caught and imprisoned in such case, though we might not think lesser of you, since we all understand it is often a suicide mission to resist it.

      4 replies →

    • Importantly this definition references an individual’s conscience. Seditious conspiracy is another matter. Here is the statute:

      > If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.

      A group chat coordinating use of force may be tough.

  • > protestors behaving legally or practicing civil disobedience can still have their lives ruined by people in power.

    They surely can. But the point was more than the people in power don't really need Signal metadata to do that. On the lists of security concerns modern protestors need to be worrying about, Signal really just isn't very high.

  • This is the price we pay to defend our rights. I would also expect any reasonable grand jury to reject such charges given how flagrantly the government has attempted to bias the public against protesters.

conspiracy charges are a thing, and they'll only need a few examples of manifestly illegal interference.

it will be quite easy for a prosecutor to charge lots of these people.

it's been done for less, and even if the case is thrown out it can drag on for years and involve jail time before any conviction.

  • If they could arrest people for what they've been doing, they would have already arrested people. And they have arrested a few here and there for "assault" (things like daring to react when being shoved by an annoyed officer), but the thing that's really pissing DHS off is that the protesters and observers are not breaking the law.

    • Remember that most of the participants in J6 walked away and were later rounded up and arrested across the country once the FBI had collected voluminous digital and surveillance evidence to support prosecution.

      8 replies →

    • one person walking away from a police encounter doesn't mean police think that person did not break the law.

      prosecutors may take their time and file charges at their leisure.

      1 reply →

  • Conspiracy requires an agreement to commit an illegal act, and entering into that agreement must be intentional.

Some of the signal messages I've seen screenshotted (granted screenshots can be altered) make it seem like the participants have access to some sort of ALPR data to track vehicles that they think are ICE. That would probably be an illegal use of that data if true.

  • > make it seem like the participants have access to some sort of ALPR data to track vehicles

    The whole reason cops love ALPR data is anyone's allowed to collect it, so they don't need a warrant.

    • The government falling victim to ALPR for once might actually be the push we need to get some reform. That said, they'll probably try to ban it for everybody but themselves. Never before have they had such comprehensive surveillance and I don't expect them to give it up easily.

Government intimidation of the practice of constitutional rights... what ever could go wrong.

  • I was replying specifically to this:

    > This seems like a good example of that being enough metadata to be a big problem

    I was not saying it's not a problem that the feds are doing this, because that's not what I was replying to.

  • That seems like a weak argument.

    I mean, carrying a weapon is a 2nd amendment right, but if I bring it to a protest and then start intimidating people with it, the police going after me is not "Government intimidation of the practice of constitutional rights".

    Protesting is a constitution right, but if you break the law while protesting, you're fair game for prosecution.