Showing posts with label Barrett Brown. Show all posts
Showing posts with label Barrett Brown. Show all posts

Thursday, April 3, 2014

BARRETT BROWN COULD BE FREE SOON!


After Signing a Plea Deal, Barrett Brown Could Leave Prison This Year




Illustration by Dell Cameron

On Monday, US Attorney Sarah Saldaña filed a superseding indictment in the government’s case against Barrett Brown.
“It’s conceivable,” attorney Jay Leiderman told me yesterday, that the prosecution, which dismissed 11 of Brown’s charges last month, “is about to reach a plea deal with Barrett.”
It appears now, that a plea deal has been reached. After bringing multiple cases against Brown, three of which he had pleaded "not guilty" to, federal prosecutors have salvaged a minute victory over Brown. Originally, they sought to put him behind bars for 105 years. The prosecutors were granted a seal on the plea agreement by the court.
Of the two counts pleaded to in the indictment, one, of “Accessory After the Fact,” links Brown to Jeremy Hammond a/k/a “o,” and the 2011 Stratfor hack. The otherclaims that Brown, having been “aided and abetted by another person,” (his mother), obstructed the execution of a search warrant on March 6, 2012, the day after Hammond’s arrest.
Leiderman, who was driving while we spoke, had me read the three-page indictment to him. If Brown pleaded to the two counts, we calculated together that he would face a maximum punishment of 4.5 years: the accessory charge carries a 2.5 year punishment, and the second count carries two maximum punishments (18 U.S. Code § 1501-1502) of “not more than one year.”
“Realistically, what he faces is 30 months with 19 already served,” said Kevin M. Gallagher, director of Free Barrett Brown. He added that Brown will likely petition the court for leniency, and told me, “We believe he has a strong chance of getting time served, and ultimately will be out of jail this year.”
The new indictment illustrates just how differently the government and his supporters view Brown's actions. Federal prosecutors state that he intentionally diverted attention away from Hammond, misleading the authorities (and Stratfor) with regards to his identity.
Brown is, however, a credentialed journalist who has been published by numerous respected outlets. As such, supporters would argue he had a constitutional right to defend his sources against prying federal investigators. The prosecution has continuously shifted its tactics in pursuing the case, and "has thoroughly embarrassed itself," said Leiderman. He reflected on the Government's dismissal of charges that sought to criminalize Brown's sharing of a hyperlink, citing a clear inability for prosecutors to hold their case together.
A re-arraignment is scheduled to take place in the Dallas federal courthouse on April 29th, according to electronic filings.
"Yeah," said Gallagher, "he's coming home soon."
TOPICS: journalismbarrettBrownfederalcourtcasehackingJeremyHammond,AnonymoustexasDallaspower

Thursday, October 24, 2013

Lorax Live on Radio AnonOps with Jay Leiderman

The Hitchhiker's Legal Guide to the Cyber Galaxy

18 October 2013


Link to the show: 

Lorax Live  Jay Leiderman
Jay Leiderman is a criminal law specialist and defense attorney who has represented members of Anonymous and Lulzsec.






Monday, August 19, 2013

Remarks Made at the Jeremy Hammond / Barrett Brown Fundraiser 19 August 2013 New York

We live in times where our liberties are ever threatened.  Where the individual is presumed to yield to the state. 

Things that should not have ever been forgotten have, until recently, seemingly been lost to history. Things that should be said and known every day as we Americans decide how we allow ourselves to be governed are no longer spoken except by an outlawed few.  Our privacy, the very gift that gives us our spirit of independence has become threatened.  But out of the shadows has emerged some hope for all of us. A legion has arrived, a legion the United States Government should have expected. Where the masses have forgotten, a new breed of patriot, the hacktivist, remembers. Words that have, over the years, lost their meaning have suddenly gained meaning anew. There is a war on information, but that is not a war that the government will win. The people will prevail. As the people must prevail. 

I want to read to you a bit:

THESE are the times that try men's souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value. We know how to put a proper price upon goods; and it would be strange indeed if so celestial an article as FREEDOM should not be highly rated. 

Thomas Paine, The American Crisis, Winter 1776.  It is as appropriate now as it was at Valley Forge.  It shouldn't be, but it is.  

Let us not forget the principles upon which this country was born. As we look to our seemingly forgotten past we must embrace the fantastic promise of the digital revolution. It is our future. 

The world is changing at a faster pace than it ever has before.  One person with the courage to come forward can change the world in ways they never could before.  But we must be mindful of the world as it is so that we can act to change it in ways that will benefit the future.   

Money
Power
Sex
Drugs
Rock and roll

These things have become passé 

Information is the new currency 
Information is the new aphrodisiac
Information is the new high. 

He who controls the information controls your world.

And your government knows it. 

But we're starting to know it too, thanks at least in part to the groundbreaking work of Jeremy Hammond and Barrett Brown, two of the first prophets of the digital age. 

Educate and inform the whole mass of the people... They are the only sure reliance for the preservation of our liberty, said Thomas Jefferson. But our government would likely seek to classify our founding fathers as terrorists if they dared seek to turn their rhetoric to reality today. How far we have drifted from the American ideals. What dangerous times are these. 

Likewise, predictably lurking about Jeremy and Barrett are prosecutors and judges who want to turn these prophets into martyrs. Our aim is to see that they fail miserably in these endeavors. 

At issue in the cases of both Hammond and Brown is the principle that people are entitled to privacy while the state must be transparent. Syllogistically, a good result in The United States v Hammond and The United States v. Brown translates into a good result for freedom, freedom for us all. At the same time, we must also recognize that what is good for freedom is antithetical to the emerging omnipresent surveillance state. 

Jeremy is accused of hacking Strategic Forecasting Inc., commonly known as Stratfor.  Stratfor was thought of as a private CIA.  He has admitted to passing over 5 million emails to Wikileaks for publication.  He has pled guilty and faces a possible 10 years in federal prison.  Those emails gave us a glimpse of the evil and inappropriate relationship between the government and the private spy network, the so called private intelligence community.  Among the disclosures of the Stratfor emails shed light upon was something called trapwire – facial recognition software already in place in major American cities that can track you as you go about your daily routine. 

Trapwire was one of the many items that journalist Barrett Brown was investigating at the time of his arrest.  Barrett pends trial on charges that could add up to over 100 years of custody time.  Principal among the charges he faces are allegations that he shared a link to the Stratfotr hack wherein there were credit card numbers.  Assuming arguendo he did so, he shared a link to a newsworthy event.  He did something journalists do every day all day long.  But because of his investigations into these private intelligence firms, including Booz Allen Hamilton, the company in the news because they were the NSA contractor who employed NSA whistleblower Edward Snowden, Barrett was charged and stands to lose his freedom for all of his days.  He’s 32 and they could give him 100 years.  It’s obscene. 

Let me read some Jefferson once more to buttress the historic importance of these acts:

Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others.  I do not add ‘within the limits of the law’ because law is often the tyrants will, and always so when it violates the rights of the individual. 

Indeed, Jefferson would be in the lockup today, perhaps sharing a cell with Jeremy or Barrett.  What dangerous times are these indeed when personal liberty is constantly under threat of incarceration. 

Jeremy and Barrett acted not for fame or for financial gain.  They didn’t think that one day we would gather together like this to support them and their actions.  They did what they did because of their unyielding principles.  Because they understood that freedom, liberty and independence come from that simple concept; privacy for the individual and transparency for the state.  Based upon that, they have acted heroically. 

They remembered the American ideals that were lost to time.  They remembered their past as they forged ahead to make a better future for us all.  These are indeed the times that try man’s souls, but if we follow the lead set by Jeremy and Barrett, I’ve no doubt that it will be the American people that have a glorious triumph over the American government and the corporatocracy’s private surveillance state. 

Donating to the causes of Jeremy Hammond and Barrett Brown is important for the foregoing reasons. We ask you to stand up for freedom, to stand against the surveillance state, to stand for the true ideals of the American experiment and help us protect and fight for these prophets of the digital age. 


Jeremy and Barrett put themselves on the line for your freedom. Please help secure theirs. We do not forgive the transgressions of the surveillance state.  We do not forget our heroes.  

Monday, June 24, 2013

A Donation Plea From "Free Barrett Brown"

Dear friend of press freedom,
I’m writing to you with an urgent request: your support for the legal defense fund of Barrett Brown, an investigative journalist now facing life in prison as a result of his writing and research.
American journalism is under attack in 2013. In recent years we’ve seen an unprecedented wave of criminal investigations targeting reporters and whistleblowers, while prosecutors abuse vague laws regarding computer use to threaten activists with outrageous sentences. Today Barrett Brown faces the full weight of this crackdown. It’s up to us to ensure that Barrett sees justice and defeats the wildly excessive charges against him.
Barrett’s career as a journalist is a brave and colorful one. He has written for publications including Vanity Fair, the Guardian, and the Huffington Post; and he co-authored a popular book, Flock of Dodos. In 2010, the revelations brought to light by WikiLeaks spurred Barrett to start investigating the secretive world of private cybersecurity, defense and intelligence contractors. Barrett founded an independent think-tank, Project PM, and started reporting on the Anonymous hacktivist collective.

When Anonymous hacked into the records of the private security firm HBGary Federal in early 2011, Barrett’s zeal for transparency in taxpayer-funded yet little-known defense projects led him to spend months researching this company’s corrupt activities. He did the same in 2012, after the leak of thousands of records from the private intelligence firm Stratfor.
  • Glenn Greenwald: ”Brown is a serious journalist who has spent the last several years doggedly investigating the shadowy and highly secretive underworld of private intelligence and defense contractors, who work hand-in-hand with the agencies of the Surveillance and National Security State in all sorts of ways that remain completely unknown to the public. It is virtually impossible to conclude that the obscenely excessive prosecution he now faces is unrelated to that journalism and his related activism.”
Despite his achievements, Barrett now waits in prison to fight a sentence of up to 105 years. The 17 charges against him are based on Barrett having blogged openly about FBI harassment of him and his family; on Barrett allegedly having hidden a laptop when a family member’s home was raided by the FBI in search of evidence against him; on his allegedly having “trafficked in stolen goods” — that is, Stratfor documents containing clients’ credit card data; and on his alleged “dissemination” of the Stratfor documents by simply copying and pasting a link to them in an online chat. There is no indication that Barrett sought to use the credit card numbers in any way; in fact, he publicly condemned Anonymous’ suggestion of doing so. As a journalist, Barrett felt responsible for exposing to the public the inner workings of firms contracting with the U.S. government — and for his efforts, he may receive a lifetime in prison.
Barrett’s prosecution highlights critical issues for American journalists, activists, and internet users:
  • The right to link. The charges against Barrett for sharing the Stratfor data represent an attempt to criminalize linking. What does this mean for the rights of internet users, let alone journalists who link to primary source material? Online linking is used by millions daily. What absurd legal theory makes an internet user responsible for the content and consequences of a shared link, resulting in criminal charges?
  • Information and press freedom. Barrett’s work to uncover the activities of private security and intelligence companies made him a prime target for prosecution. If citizens are prevented from researching the growing surveillance state, what will become of privacy, transparency, and civil liberties in America? Already we see chilling effects on journalists working to shed light on corruption and abuse among government contractors.
  • Selective prosecution. Many others — including established reporters — shared the same link to Stratfor data named in Barrett’s indictment. Why is only Barrett being prosecuted? And why is the FBI worried enough about the speech of an unarmed writer to conduct heavily-armed raids on his home? Barrett’s case is a prime example of the DOJ’s current prosecutorial abuse of journalists, whistleblowers, and information activists.
  • Reporters’ privilege. The laptop that Barrett allegedly hid contained journalistic sources and work product, including a book in progress. The First Amendment protects reporters from revealing confidential information or sources. It isn’t hard to conclude that the charges based on Barrett’s alleged concealment amount to an effort to stifle his reporting on America’s growing surveillance industry.
Fortunately, two of the most skilled and dedicated lawyers in the country have taken up the fight: Charles Swift and Ahmed Ghappour, best known for their advocacy on behalf of Guantánamo detainees, winning a victory over the Bush administration in a 2006 Supreme Court caseBut even with expert representation, Barrett’s defense calls for resources that he doesn’t have. Your support is urgently needed to help Barrett regain his freedom and continue his vital work. And this is not Barrett’s fight alone — the outcome of this case will affect every American’s rights to free speech, to independent journalism, and to political activism. Not only does Barrett deserve a future — so do all of us, to preserve our right to know what our government does in secret, yet in our names.
Barrett’s trial begins in September. His defense is being funded entirely through individual donors. With less than three months to go, will you help today?
Three easy ways to contribute:
  • Checks or money orders mailed to: Free Barrett Brown Ltd., P.O. Box 2658, Amherst, MA 01004
Suggested levels of support:
  •     $30 — Friend of Online Journalism
  •     $60 — Friend of Press Freedom
  •     $120 — Friend of Barrett Brown
  •     $300 — Friend of the First Amendment
  •     $600 — Friend of the Constitution
  •     $1000 — Friend of Justice
Don’t let the government take away a courageous journalist’s life with abusive prosecution for alleged information “crimes.” Free Barrett Brown.
With many thanks, and in solidarity,
Kevin M. Gallagher
Director
Free Barrett Brown
Twitter: @FreeBarrett_
Facebook: Free Barrett Brown


Thursday, June 20, 2013

A Message From "Free Barrett Brown" Concerning Michael Hastings

Free Barrett Brown sends its condolences to the friends and family of Michael Hastings who died in a fiery car crash early Tuesday morning. Hastings was a fearless journalist who questioned power. He was a friend of Barrett's and an active member of Project PM, a crowd-sourced research effort to expose government intelligence contractors. We deeply mourn his passing.

Barrett defended Hastings' award winning journalism in his Vanity Fair piece, "Why The Hacks Hate Michael Hastings." He was candid about their friendship—warning the reader:
"I should note—not only in the interest of full disclosure, but also necessary context—that I am a friend and admirer of Michael Hastings
, the author of the Rolling Stone piece in question. He was kind enough to blurb my upcoming book on the failures of the American punditry (and is planning on writing a novel on the same topic, incidentally); he shares my opinions on the state of journalism and opinion in this country; and he has joined up with Project PM, my perhaps quixotic attempt to do a small part in improving that media whose flawed reporting on matters of war and peace has recently had a hand in leaving hundreds of thousands dead and injured our republic’s ability to rationally operate both at home and abroad. I first spoke in support of Hastings before I’d ever made contact with him, which is to say that my opinion of him is not based on our association; my association with him is based on my opinion of him. That opinion is derived from the unassailable and unfortunately noteworthy competence and conduct he has displayed throughout his relatively short career."

Barrett also blurbed Hastings' second book, The Operators: The Wild and Terrifying Inside Story of America's War in Afghanistan, calling it, "The most impact-laden story of the year . . . written by a perfect specimen of the new breed of journalist-commentator."

In support of Barrett, Hastings wrote: “Barrett Brown is a journalist, plain and simple. He’s also a colleague and friend, and one of the brilliant, if highly unconventional, American writers of his generation. I offer my support to Barrett and his family, and respectfully ask for his immediate release from custody.” He believed Barrett's work helped contribute to a free press.

Before his untimely death, Hastings was working on a story about Barrett, announcing mysteriously to his followers "Get ready for your mind to be blown." Hastings had been in touch with Barrett's lawyers, and intended to interview him in June for the story. Barrett has been in prison for 281 days pending trial, and faces over a hundred years imprisonment for what Hastings called "trumped up FBI charges regarding his legitimate reportorial inquiry into the political collective known sometimes as Anonymous."

The loss of Michael Hastings is a tremendous blow to adversarial journalism, but the circumstances surrounding his death leave many questions unanswered. Michael believed he was under FBI investigation at the time of his death, and that his calls with Barrett were being recorded.
 
 
 
We're raising money for Barrett's defense. Donate.
 
 
Please send press inquiries to press@freebarrettbrown.org.