November 05, 2009
/24-7PressRelease/ --
Pennsylvania Twitter Charges
Article provided by Patrick J. Artur & Associates
Visit us at
www.willdefend.com
On September 24, 41-year-old social worker and self-described anarchist Elliot Madison was arrested in Pittsburgh after being involved in protests at the G-20 Summit. Pennsylvania State Police arrested Madison in his hotel room where he was listening to the police scanner and then sending out mass messages over Twitter to fellow protesters about police locations and activities.
Madison was charged with three violations of Pennsylvania law:
-Hindering apprehension or prosecution
-Criminal use of a communication facility
-Possession of instruments of a crime
One week later, federal agents in the Joint Terrorism Task Force raided Madison's home looking for evidence that Madison had violated the federal anti-rioting statute.
Under 18 USC § 2101, it is illegal for those traveling across state lines to use any medium to incite, organize, promote, encourage, participate in or carry on a riot or to aid or abet any person in inciting or participating in or carrying on a riot. Violations of the law carry up to a maximum of 5 years in jail. The anti-riot law is the same one that was used to prosecute members of the infamous Chicago Seven, who were charged with violating the law after their involvement in protests at the 1968 Democratic National Convention.
After searching Madison's home for 16 hours, the federal agents left with a wide-range of Madison's possessions, including seemingly-incriminating materials like gas masks, air filtration masks, pickaxes and sharp-metal caltrops, which can be used to puncture tires.
However, the federal agents also seized much more ordinary items like Madison's marriage license to his wife Elena, books, magazines, Buffy the Vampire Slayer DVDs, citizen emergency kits and a picture of Lenin.
Madison is currently under investigation by a federal grand jury. The affidavits the federal agents submitted to secure the search warrant are under seal. Federal agents have not answered any questions regarding whether the federal investigation into Madison's activities is related to his arrest in Pennsylvania during the G-20 Summit.
Important Legal Issues Raised by Madison's Case
Madison's attorney has argued that the search warrant authorizing the Joint Terrorism Task Force to search his client's home was overly broad and vague, making anything seized by the agents suppressible as a violation of the Fourth Amendment's unreasonable search and seizure prohibition. The judge is expected to issue a ruling any day now on the validity of the search warrant. In the meantime, the federal agents have been ordered to stop examining any of the items they collected from Madison's home.
Madison's lawyer also raised important issues about the First Amendment implications of the current federal investigation against him. His attorney argues that this is an assault on Madison's political speech rights and that he has been unfairly targeted because his political beliefs are not part of the mainstream.
When examining Madison's case, it is difficult to determine which criminal acts he committed, particularly to sustain federal anti-riot charges. Granted, his actions to warn friends of police activities did help them evade arrest, which could be a crime. But when political protesters in Tehran, Iran used social networking sites like Facebook and Twitter to accomplish the same goals during the Iranian elections, the US government applauded and encouraged their efforts. One could argue that when the same action is taken at home by political protesters, the acts become criminal rather than democratic.
Law Enforcement Online Monitoring Expanding
Madison's case is just the latest example of law enforcement trying to find a way to keep up with technological advances, particularly since social networking sites have become a favored space for political dissidents to organize their members and send out their messages. As a result, state and federal authorities have had an increased interest in monitoring online activities of citizens and non-citizens alike, especially in the aftermath of 9/11.
Law enforcement officials are treading a fine line between protecting public safety and infringing on citizens' constitutional rights. There are many cases of Pennsylvania and federal officials disguising themselves as children to entrap citizens. There is a theory which is widely held among law enforcement that a large portion of the population is predisposed to commit sexual acts against children. There are thousands of police online in chat rooms pretending to be sexually active children under the age of 16. If anyone were to communicate with these decoys and propose any kind of sexual activity, they would likely be charged under numerous state and federal statutes. In Pennsylvania, it is not uncommon for these individuals to be charged with attempted statutory sexual assault.
The same mindset propels the arrest of individuals who sometimes inadvertently download pornography which turns out to contain some child pornography. The Federal government has provided most Pennsylvania county sex crimes task forces with a new computer system which allows the police to monitor
in real time whose computer in which zip code is downloading child pornography. We are labeling these convicted individuals as "sex offenders," forcing them to register, and making their lives unlivable in many communities. In Pennsylvania, there are numerous cases of suicide on record of individuals with impending charges of possession of child pornography or online solicitation.
Conclusion
It is not clear at this point what will happen in Madison's case or whether he will be indicted by a grand jury. But it is important for everyone to remember that the police are monitoring online communications. Whether reading public messages posted through services like Twitter or tracking IP addresses of people visiting sites with illegal pornographic images, the online actions of private citizens are being tracked closely.
For more information on protecting your rights to be free from unreasonable search and seizures, contact an experienced criminal defense attorney today.
Article provided by Patrick J. Artur & Associates
Visit us at
www.willdefend.com---
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