Showing posts with label Jeremy Hammond. Show all posts
Showing posts with label Jeremy Hammond. Show all posts

Thursday, April 3, 2014

THANKS TO ANONYMOUS VIDEO FOR ANOTHER GREAT POSTER


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

Wednesday, November 27, 2013

Huff Post Live - Jay Leiderman and Peter Ludlow discussing the Jeremy Hammond Sentencing 2013-11-15

Huff Post Live
Jay Leiderman and Peter Ludlow 
discussing the Jeremy Hammond Sentencing
2013-11-15

Link:


Anonymous Hacktivist Sentenced To 10 Years In Jail

Jeremy Hammond, a hacktivist and former member of Anonymous, faces 10 years in prison for one count of conspiracy under the Computer Fraud and Abuse Act. We speak with experts and members of his legal team ahead of his sentencing.
Originally aired on November 15, 2013
Hosted by: 
  • Alyona Minkovski
Guests:
  • Jay Leiderman  (New York, NY) Criminal Defense Lawyer Specializing in Computer Crimes; Law Offices of Jay Leiderman
  • Peter Ludlow  (Chicago, IL) Professor of Philosophy, Northwestern University



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.






Tuesday, October 1, 2013

Letters Desperately Needed For Jeremy Hammond's Sentencing by 10/15

The time is now to support Jeremy Hammond



"You don't have to know Jeremy to help, you just have to care" 

~ Jeremy's friend Grace said that at the #FreeHammond/#FreeBB fundraiser in NY in August.  It is doubtless true.  Jeremy Hammond is a prisoner pending sentencing for computer hacking crimes. His crimes were acts of civil disobedience, acts of protest against an encroaching surveillance state. He is part of a new breed of electronic dissident, a list populated by such pop heroes as Edward SnowdenChelsea Manning, Barrett Brown, Julian Assange and the PayPal14.   Jeremy faces a maximum of 10 years under the plea agreement he signed.  The government will want the full 10 years.  Will you please help us ask the judge for less time?  

Jeremy’s sentencing is not going to be delayed any further.  It will go forward mid-November.  Letters to the court in support of Jeremy need to be in by no later than the 15th of October so they can be submitted to the court - that means you should do it now - TODAY! This is important. If you care about Jeremy Hammond, the freedom of the internet or the encroaching surveillance state, you need to take action on this now - this is the opportunity to have your voice heard on this matter.  Any and all help that you all can give, including both passing this along and writing your own letter to the court about why they should not give Jeremy 10 years is not only appreciated, but is desperately needed.   Please spread this message around and let’s get as many letters as we can and let’s make sure they are all thoughtful and powerful.  This is important for Jeremy and important for freedom. Please speak now on this crucial issue.


WHO IS JEREMY HAMMOND?
Jeremy Hammond is a gifted young computer programmer facing a decade in prison. His crime? Leaking information from the private intelligence firm Strategic Forecasting, information which revealed that Stratfor had been spying on human rights activists at the behest of corporations and the U.S. government.


In March 2012 Jeremy was arrested in his Chicago home and charged with violations of the Computer Fraud and Abuse Act, the same legislation used to prosecute Aaron Swartz. This outdated law, written before the Internet was even created, gives absurdly broad powers to corporations and prosecutors to criminalize an array of online activity and pursue extreme and disproportionate sentences. By contrast, of Jeremy’s co-defendants in Ireland and in the U.K. none will spend more than 16 months in prison, and many have been released already.


Jeremy has been denied bail, cut off from his family, and held in solitary confinement– treatment normally reserved for the most egregious offenses. He did nothing for personal gain and everything in hopes of making the world a better place. He is facing a maximum sentence of ten years, but the minimum is zero. He has been jailed since March 2012 awaiting trial and now sentencing. It’s time for him to come home.



Jeremy Hammond Wikipediahttp://en.wikipedia.org/wiki/Jeremy_Hammond
Rolling Stone Articlehttp://www.rollingstone.com/culture/news/the-rise-and-fall-of-jeremy-hammond-enemy-of-the-state-20121207
Chicago Magazinehttp://www.chicagomag.com/Chicago-Magazine/July-2007/The-Hacktivist/
Huffington Post Articlehttp://www.huffingtonpost.com/vivien-lesnik-weisman/post_4885_b_3352308.html 


Jeremy's twin brother Jason with attorneys Margaret and Sarah Kuntsler

THE DEADLINE FOR SUBMITTING THESE LETTERS IS OCTOBER 15, 2013.
Completed letters can be (1) faxed to 347-402-2014, (2) scanned and emailed to sarah at kunstlerlaw dot net, or (3) mailed to:

The Law Office of Susan G. Kellman
25 Eighth Avenue
Brooklyn, New York 11217

Please do not send your letter directly to the Court – it will not be read.


Anonymous Letters
It is much better if letters are signed, have the appearance of coming from real people, and have return addresses. We understand if people wish to remain anonymous, and would prefer they submit letters anonymously than not at all, but the Judge will place much greater weight on the letters that include this information.

It is preferential that letters go straight to Sarah Kuntsler or to Susan Kellman's office.  For those that wish to participate but still wish to retain their privacy/anonymity: I will collect letters to go to Ms. Kellman's office.  If you want your letter printed out and do not want to send it straight to Jeremy's attorneys of record, Ms. Kellman and Sarah Kuntsler, you can send them to me and I will overnight the letters.  I must have them by early morning, PST on the 14th so I can get letters to New York by the 15th.  Whatever way they come to me I will do my best to ensure that they remain as anonymous as possible, including following whatever instructions that you give me to the best of my ability.  I will handle all letters with "attorney/client" confidence and submit only that portion of the communication that is necessary for the judge to review it. That means, for example, printing out an email as opposed to forwarding it (and its metadata), or downloading a document from jabber and printing it. More instructions for Anonymous authors can be found below.  

My contact information is:


JAY LEIDERMAN
CERTIFIED CRIMINAL LAW SPECIALIST
CALIFORNIA BAR BOARD OF LEGAL SPECIALIZATION

LAW OFFICES OF JAY LEIDERMAN
5740 RALSTON STREET SUITE #300
VENTURA, CALIFORNIA 93003

TEL: (805) 654 0200 ext. 24
FAX: (805) 654 0280



My jabber is: jayleiderman@jabber.ccc.de

TEMPLATE FOR LETTERS OF SUPPORT FOR JEREMY HAMMOND

Jeremy Hammond's sentencing hearing is set for Friday, November 15 at 10am at the Federal District Court for  the Southern District of New York.  We are collecting letters of support on his behalf. Please submit your letter by October 15, 2013 so that it can be included in our submission to the Court. Please do not send your letter directly to the Court – it will not be read. Below is a suggested template for support letters.

ADDRESS:
Honorable Loretta A. Preska
Chief Judge
Southern District of New York
500 Pearl Street
New York, NY 10007

DATE:

GREETING: Dear Judge Preska:

BODY OF LETTER: Briefly discuss yourself – who you are, your position in work or your role in the community. If you are not personally acquainted with Jeremy, tell the Judge why you are interested in his case. State that you are aware that Jeremy has pled guilty to a violation of the Computer Fraud and Abuse Act. Tell the Judge why you believe he should be treated with compassion.

If you know Jeremy personally, and can offer some personal observations, you will want to mention this in your letter.  It would be helpful to include:

·         Jeremy's character, compassion, integrity, accomplishments, interests, relationships, interaction with and treatment of other people, and your personal and/or professional relationship with him. 
·         If there are specific anecdotes that will help the reader develop a better picture of Jeremy, we encourage you to share those.  It is a good idea to include a brief description of you:  your occupation, activities in which you might be involved and any other points which will establish your identity and your ability to advise the court about Jeremy.   


If you would like to address the disparate treatment of Jeremy's co-defendants, or put his case in the context of the Computer Fraud and Abuse Act (“CFAA”), you may want to mention some of the following points:

·         Jeremy's co-defendants in Ireland and in the United Kingdom were given treatment that is disparate, those who are already convicted will not spend more than 16 months in prison, some have already been released
·         The disproportionate sentences associated with the CFAA, or that the protection the CFAA affords to corporations is greater than those it affords to individuals, who may be subjected to surveillance by private corporations such as Stratfor. (For more information on the CFAA, please visit the website of the Electronic Frontier Foundation, https://www.eff.org/issues/cfaa)

Whether you know Jeremy or not, you may want to mention that he had no financial gain from his actions, which he undertook as politically-motivated acts of civil disobedience. Do not try to argue that Jeremy is not guilty or was unfairly convicted. You are asking the Judge for leniency.

Since this is not an effort to mislead or create a false impression, you are encouraged to write an honest, straightforward word portrait of Jeremy.  Do not hesitate to write from the heart, and/or emphasize anything you feel is important.  One of the goals of your letter is to enable the reader to see Jeremy through your eyes.

It is best to write in plain, everyday, conversational language, as if you were speaking to the reader.  If possible, your letter should be typewritten, and, if appropriate, on business stationary, and addressed to me.  I will deliver it to the parties that will be reading it.

If you are anonymous and wish to remain anonymous, please give enough identifying information about you to allow the reader to understand who it is that you are, without giving too much information.  For example, if you use a Twitter handle, you may use that as your identification.  You can identify simply as a member of a particular group.  Please do not fail to write a letter because you do not to give your full name and/or other identifying information to the government.  We can work with whatever limitations there are.  

Sign the letter and include your return address if you are willing and able to do so. Completed letters can be (1) faxed to 347-402-2014, (2) scanned and emailed to sarah at kunstlerlaw dot net, or (3) mailed to: The Law Office of Susan G. Kellman; 25 Eighth Avenue; Brooklyn, New York 11217
                  
If you have any questions, please call 718-783-8200 or email sarah at kunstlerlaw dot net. You can also contact me, my contact information is above, my email is jay@criminal-lawyer.me. Please remember that Sarah Kuntsler and Susan Kellman are Jeremy's attorneys of record. I am simply a member of his "legal team" and am not acting in an official capacity.  Ms. Kuntsler and Ms. Kellman have final authority in this case.  

Original instructions from freejeremy.net: http://freejeremy.net/giant-banner/join-us-in-asking-for-leniency-in-jeremys-sentencing/ 


Let's work together and #FreeHammond #FreeJeremy 


Thank you so much for your assistance in this very important matter.  Your letter will make your voice heard on the is matter and may very well make the difference in this sentencing hearing.  



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 has been long enough
Let's bring Jeremy home


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