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- Date: 05 Feb 93 16:25:34 EST
- From: Steve Brown <70511.3424@COMPUSERVE.COM>
- Subject: File 6--In Re "Legal Strategy on 2600 Nov. '92" (CuD #5.07)
-
- Response to CUD 5.07, File-3 "Legal Strategy on 2600 Nov. '92
- Mall Harassment" by Robert A. Carolina.
-
- <<<First, recognize that guards, cops, and other "uniforms" get
- really nervous around organized groups. The more inexperienced
- the uniform, the more nervous they get.>>>
-
- Who are you talking about? Just because someone wears a badge and a
- uniform does not mean he or she will act a certain way. Security
- agents are private agents who protect property and assets for the
- owner. Security guards do the same with a state certificate (as long
- as you are breathing and have never had a felony conviction). Law
- enforcement officers are 24 -hour-a-day public servants who are sworn
- to uphold the laws of the state within the parameters of the
- Constitution. Private security guards and law enforcement officers
- have completely different missions. The former has minimal (if any)
- formal training. Why do you think they would act the same?
-
- >>When you combine nervous uniforms (like under-trained mall
- rent-a-cops) together with volatile personalities (like hackers
- sporting anti-social nick-names) the result is usually a rapidly
- escalating level of disharmony. (At the far extreme, disharmony
- like this can produce four cops beating the hell out of Rodney
- King because he "just wouldn't lie still on the ground". The
- point is not to criticize Mr. King, but to make sure that you
- don't end up in the hospital. Money awarded by a court is a poor
- substitute for missing teeth.)<<
-
- The point is that you are confusing the issues by comparing apples to
- oranges. You over generalize and create the impossible. By using the
- term "uniforms" you lump law enforcement officers and security guards
- together. "Uniforms" implies that since they look alike and use some
- of the same tools (gun, baton), then they must act alike and do the
- same. This is not likely if they follow different rules, laws,
- standards, and training.
-
- >> Fourth, mall cops are not government agents, and as such,
- their conduct is (mostly) not governed by the Constitution.<<
-
- This IS true. Unless, the mall SECURITY GUARDS are directed to do
- something in behalf of a government law enforcement agency (in this
- case the Secret Service). Then, technically, the SECURITY GUARDS
- become government agents and are subject to the same formal
- procedures. This may have been the case, and you do point this out.
-
- >>Third, recognize that a mall IS private property and the mall
- operators can throw you out for little or no reason. Fourth,
- mall cops are not government agents, and as such, their conduct
- is (mostly) not governed by the Constitution. So what does this
- all mean? Basically, Ghandi was right. The ticket to dealing
- with obstreperous uniformed mall cops is polite, passive
- resistance. The key here is POLITE. At all times, assure the
- mall cop that you will obey all lawful instructions. Do not give
- the uniforms any reason whatsoever to escalate the scene.<<
-
- >>If you are confronted by a group of threatening looking mall
- cops and they hassle you, ask if you are being ejected from the
- mall. If yes, then wish the officers a nice day and head for the
- nearest exit. If no, then wish the officers a nice day and head
- for the nearest exit. (Do you see a pattern emerging? Remember,
- you do not generally have a "right" to stay in a mall. Thus,
- your best defense from ignorant mall cops is to get the hell off
- of their turf.)<<
-
- Once again you are right. "The mall operators can throw you out for
- little or no reason." So if that's the case, why would you even want
- to stay and ask a bunch of unintelligent questions. As for your
- strategy, I think Ghandi would tell you to forget about being polite.
- I think he'd tell you to "get the hell out of Dodge." Why you would
- encourage anyone to confront "obstreperous uniformed mall cops with
- polite, passive resistance" is beyond me. You'd be better off leaving
- on your own accord. This would at least insure your chances of a safe
- return at a later time if need be. If it is evident that you are not
- wanted while on private property (mall or elsewhere) just leave and
- take your $$ with you.
-
- Through subtle uses of the English language sectors of society (law
- enforcement and the media) have portrayed the would-be criminals
- behind a keyboard "as "hackers." There has been a great amount of
- ignorance and myth regarding the use of the computer as a criminal
- tool. The ignorance has led to the name calling of the people who use
- these powerful machines to conduct crimes. They are called "hackers"
- when they should simply be called criminals. I can surely understand
- how the derogatory use of the term "hacker" could anger the
- legitimate computer world. By choosing to use the term "hacker" rather
- than criminal, more attention is placed upon the computer, itself,
- rather than the person who has done the crime. The derogatory use of
- hacker is dehumanizing. By definition criminals have rights; Hackers
- and witches do not. Steve Jackson might be a witch (or would it be a
- warlock?) in a modern day Salem Witch Hunt.
-
- My biggest concern is your attempt to dehumanize the police in a
- similar way. Whether you know it or not (maybe you don't really care),
- you have employed the same dehumanizing method in your effort to
- portray law enforcement. The computer world should not alienate its
- "enemy" through the use of name calling.
-
- Your effort seems to have been to inform people of their legal
- recourses during an incident similar to the "2600 Harassment"
- incident. The strength of the legal advise given, however, was
- weakened by the strategy you chose to use. You have probably confused
- a good many people in your attempt to explain sound legal ideas. A
- GUARD is a guard. A LAW ENFORCEMENT OFFICER (police, cop) is a law
- enforcement officer.
-
- A uniform unfortunately is what many ignorant people see. It is a
- way to dehumanize a person who gives you a ticket when you speed,
- prevents you from driving home after a fun night of partying, rushes
- your child to the hospital while he or she bleeds to death in a patrol
- car, and risks his life to protect yours during a robbery.
- Occasionally, he or she has to arrest an individual whether it be for
- a crime committed with a computer or not. Often when a police officer
- is killed in the line of duty, the news passes like a cold wind. It's
- much easier to put a bullet through a uniform than someone with a wife
- or husband and children.
-
- Ignorance is a disease of the mind which must be fought, not
- only with facts, but with a sound strategy.
-
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