by Mr Penguin | Dec 3, 2022 |
Ian Freeman Gets His Freedom Back: Running GNU/Linux On His Laptop Again
Ian Freeman of the Crypto6 is once again free to utilize his choice of operating systems: GNU/Linux. Back in ~ May of 2021 the feds took away Ian’s freedom of choice in what software he could utilize despite never having been convicted of any crimes. A tactic they regularly utilize against their victims. The purported reason for the arrest this time around was over the bastardly crime of selling crypto. However, after a decade of being targeted by the feds and the feds targeting other free staters and leading liberty activists in New Hampshire it’s a bit hard to believe that it was anything other than a politically motivated attack on freedom in the free state. This is at least the 2nd raid of Free Talk Live’s studio in the past 5 years, and the third incident involving federal agents and Ian / 73-75 Leverett St since ~2012.
However this isn’t what this story is about. It’s about the federal government’s attack on all things freedom and that includes the use of free software. What is disturbing about this is that the state is utilizing bail restrictions to prevent people from utilizing free software and has been doing it since at least the 1990s. Unlike other cases I have not heard of anyone else being successful in getting this type of restriction lifted and that’s quite disturbing. It took Ian more than a year and a pricey lawyer to get a ruling to lift this unreasonable and burdensome restriction on his right to utilize the software of his choice.
The good news of course is that with the help of his lawyer he was able to get the judge to lift this bail restriction. The bad news is that it comes just a week before his trial is set to begin. Yes- that’s right. It took ~19 months not including the two months that Ian spent in a cage to get a ruling to restore his right to utilize free software. And that’s ~2 months under which he was illegally held based on a magistrates misunderstanding of the law.
You might think this story ends with an operating system, but it’s not so. Not only did this restriction exist, but he’s also been prohibited from utilizing other free software. There is also an explicit prohibition on his use of Telegram. Now there is an argument for the restriction on his use of Telegram. At least in theory the argument would go that Telegram was a tool utilized in the course of conducting some sort of criminal enterprise. The problem with this logic is of course that a phone was also utilized in the course of conducting whatever sort of criminal enterprise that the prosecution has imagined up. Yet- there is no restriction for the use of a telephone.
There are many other unreasonable restrictions and violations of justice that defendants not convicted of any crimes face when being pursued by authorities who more often than not have no real basis for the restrictions on an accused freedoms. Ian they claimed was a flight risk- yet had no basis other than unsubstantiated claims of wealth, of which the judge eventually ruled was not a basis for holding someone. In fact even mob bosses can’t be held without bail! Yet- nothing stopped the prosecutor from slandering Ian’s good name and calling him a “kingpin”. No penalty will emerge from such actions because prosecutors, judges, and law enforcement are generally immune.
What can we do to change this? Well, not much. Without moving for independence New Hampshire residents will always be under the thumb of federal agents looking to attack freedom in the state. Fortunately there has been a growing independence movement in the state. If you’ve not heard of it check out https://www.nhexit.us for more information on the independence movement.
Not yet in New Hampshire? Well, if you believe in joining with other like minded persons to achieve liberty in our lifetime you should join the migration of liberty-minded folk moving to New Hampshire. After a decade of work free staters have achieved almost ~100 liberty friendly reps. While it may be another 8-10 years at our current rate of increasing representation to achieve more significant victories your move could help increase the pace. Not to mention we do have some small victories !
In 2017 for instance free staters worked with state representatives to pass a bill protecting New Hampshire businesses dealing with cryptocurrencies from state regulators. The bill passed and the governor even signed it into into law. There have been many other small victories like this one, but as has been demonstrated by the arrest of the Crypto6~ more needs to be done to achieve real freedom in our lifetime. If you’re a liberty-minded person join us in New Hampshire and we can achieve real freedom together.
by Mr Penguin | Nov 17, 2022 |
11/15/22 Crypto6 Evidentiary Hearing
After almost 7 years of waiting we’ve finally got a trial date! So mark your calendar and put your employer on notice that you’ll need a few weeks off as there is finally a solid date for the trial: December 6th, 2022. Address: U.S. District Court, 55 Pleasant St, Concord, NH 03301. Time yet to be known. Bring a valid state issued ID (real ID and passport not required) to ensure entrance to court house, no cameras/phones.
Early 2013 interaction between Phil Christiana and free staters
For those who haven’t been paying attention and wondering what the Crypto6 case is all about here is a bit of the backstory. In March of 2021 56 FBI agents, half a dozen three letter agencies, and dozens of other law enforcement officials raided the Bitcoin Embassy, the Shire Free Church, Free Talk Live’s studio, a half dozen homes of so-called co-conspirators among other locations over the bastardly crime of selling crypto.
Somewhat closer to reality the story actually dates back decades and surrounds a single FBI agent with a political grudge against libertarians, free staters, and the Free State Project’s libertarian migration to New Hampshire. To shorten the backstory a bit further after a decade of attempting to take Ian Freeman out and three FBI investigations later FBI agent Phil Christiana finally thinks he has a case he can make stick against his primary political opponent Ian Freeman. You see Ian Freeman is a significant figure in libertarian circles and was responsible for many early movers partaking in the Free State Project’s migration. Some would even credit him with the success of the Free State Project itself. Ian’s activism in New Hampshire dates back about ~16 years now and has been a thorn in the side of Phil Christiana and the federal government for nearly as long. With a majorly syndicated libertarian run radio show Ian has enabled public criticism of government, government agencies, and officials with a show called Free Talk Live broadcasting on about ~200 radio stations nationwide. During this time Ian & co-hosts have promoted the Free State Project and cryptocurrency as a path to peace and freedom. Something dirty agents just don’t like.
The Hearing
The most recent hearing was significant in deciding many issues. The hearing started with a ‘daubert motion’ which is a motion discussed outside the presence of a jury to exclude the testimony of expert witnesses that do not possess the requisite level of expertise or otherwise used questionable methods to obtain data. In this case one of the defendant’s objectives was to exclude an expert that headed the blockchain forensics unit of the FBI and claimed to be an expert on blockchain analysis.
The prosecution granted Ian Freeman’s lawyer Mark Sisti a pre-hearing interview with the prosecution’s blockchain expert and key witness in the case Erin Montgomery. In that interview it came to light that Erin Montgomery has never been qualified as an expert witness before any court. Mark Sisti proceeded to argue that blockchain analysis was not a scientifically validated process sufficient to pass muster at trial. While it has been utilized in other cases to obtain search warrants and the like the standards for use at trial are far greater. In order to utilize blockchain analysis at trial the tools and processes would need to be open to peer review and the results be duplicable by outside experts.
(more…)
by Mr Penguin | Jul 30, 2022 |
On Thursday July 28th judge Joseph N. Laplante concluded the sentencing hearing for Crypto6’s Mr Nobody with a ruling to the maximum degree possible in his favor, and below is a run down of the defenses, prosecutors, and judges thoughts and arguments.
For more detail of what happened and a bit of a backstory on the sentencing check out Freedom Decrypted episode 170 where we covered the pre-sentencing motions that went into the variance granted (or in other words the request to reduce the sentence below that typically authorized by the sentencing guidelines).
The notes from the sentencing hearing are as follows:
– Mr Nobody is pleading guilty to a single count of wire fraud
Judge opens with a speech on the sentencing guidelines being the guiding force behind determining the sentence, but are not a hard rule to be followed, and he can sentence Mr Nobody outside of the guidelines.
There is a sealed pre-sentencing report that was created by the court of which came to 26 pages in length. Unfortunately due to certain information contained within it is sealed, but this is for Mr Nobody’s benefit and it may be that this report can be released by him and/or released by him with appropriate sections redacted. While this may not be relevant to Mr Nobody’s sentencing report the type of information that can be included includes information such as histories of mental illness that would be inappropriate to release to the public. Our opportunity as the public therefore to be outraged by the malicious, manipulative, or outright lies contained in it must therefore be reserved till a later date.
Possible outcome based on sentencing guidelines and guilty plea:
The guidelines recommend:
– 10 to 16 months imprisonment
– 2 to 5 years of supervised release
– A fine of $2,000 to $1 million dollars (more…)
by Mr Penguin | Jan 16, 2022 |
The BIGGEST most important date (Jan 20th) of the decade for freedom may just be upon us so mark your calendar and come support the New Hampshire independence rally & public hearing this Thursday ! Don’t be the reason we’re stuck without options- freedom loving people unite- lets create a home and free place to live and give our kids a bastion of hope for the future.
If New Hampshire voters say yes to independence it will separate New Hampshire from the US empire and immediately halt the abuse by Washington DC. What we can accomplish by ourselves will be far greater than anything we can accomplish under the threat of Washington politicians. Independence will offer New Hampshire citizens many things- everything from a reduced tax burden and economic growth to reducing the staggering amount of regulatory barriers placed on New Hampshire businesses. Unhappy with forced vaccination? We can fix that! If we’re independent the feds can’t dictate what should be a matter between us and our doctors. Don’t like Washington’s gun regulations? We can go farther at eliminating arguably unconstitutional restrictions. Unhappy about our schools? Without DC bribing our politicians to pass laws we otherwise wouldn’t and they can’t pass directly we can fix our schools.
When all else fails, what is the plan New Hampshire? 71% (78% at its height) of Union Leader readers said YES to a vote on independence! Now we need to get the legislators to put it on the ballot so the voters can actually decide to declare independence from Washington DC. This New Hampshire constitutional amendment will do just that.
For those not aware New Hampshire’s constitution pre-dates that of the United States and should we choose to do so we can leave the union and divorce DC. We can lead the US just as our forefathers did before us during the Revolutionary War. Just as they declared independence from Great Britain we too can declare independence from the new empire.
However unlike that insurrection this isn’t a declaration of war. This is a means of declaration via proper legal channels- and that’s something even the US courts have acknowledged. Where some would lead you to believe that independence is illegal or that it’s impossible the truth is that even the courts have ruled that the procedure rather than the declaration itself has in prior instances been improper.
Let’s keep our options open and support CACR 32 by joining together with democrats, conservatives, and other independent voters this Thursday Jan 20th, 2022:
Address: 33 N State Street, Concord, New Hampshire
Time: Rally starts at 2:00 pm, press conference @ 3:00, and the public hearing is at 3:30 Room LB 206.
Can’t make it? See our directions below for how you can testify electronically.
For more details read the latest article by Liberty Block:
Breaking: NH Exit Legislation Assigned House Committee & Hearing
Want to express support for the constitutional amendment on New Hampshire independence? Here is how to testify (in other words inform the committee on your thoughts) electronically on what you think of this important legislation.
Can’t Make It? Here is how to testify electronically via email
Step 1: Open the link here http://gencourt.state.nh.us/house/committees/remotetestimony/default.aspx?mc_cid=0cc3e8800e&mc_eid=6d8bda0b1a
Step 2: Select January 20th on the calendar shown
Step 3: Under Select the Committee find House State-Federal Relations and Veterans Affairs
Step 4: Under Choose the Bill find 3:30 pm – CACR32
Step 5: Under I am select A Member of the Public
Step 6: Under I’m Representing leave Myself
Step 7: Select the bubble I Support this Bill
Step 8: Click Continue
Step 9: Enter your First and Last name, Town, State, and an email address.
Step 10: Click the Continue button
Step 11: Check the box that says “By clicking this checkbox, you agree that the information you have provided is truthful to the best of your knowledge.”
Step 12: Click the Continue button
You’ve now registered your support for giving voters of New Hampshire the opportunity to vote for independence from Washington DC.
The next thing to do is send the Committee your thoughts and comments in why they should support democracy and give the people the chance to vote on this very important constitutional amendment.
Please email written testimony to: HouseState-FederalRelationsandVeteransAffairs@leg.state.nh.us
It’s currently unclear if the hearing will be live streamed by the state itself or not, as nothing is shown under scheduled live streams as I write this, but this may change, and we will certainly be posting a video of the hearing afterward on just what happened so stay tuned in to Free Keene for updates. Here is a link to the live streams just in case you are able to watch it live via the state’s cameras:
https://www.youtube.com/c/NHHouseofRepresentativesCommitteeStreaming/videos?view=2&live_view=502
by Mr Penguin | Jan 13, 2022 |
On Tuesday a democrat in New Hampshire’s house introduced a bill in support of free software. The House Bill (HB) 1273 would be a step forward for software freedom. It proposes to help protect the user freedom of New Hampshire residents in a number of important ways.
- Prohibits the state government from requiring residents to use proprietary software, whether in remote court appearances, tax filings, standardized test-taking, coursework in public schools, or matters relating to any state benefits
- Forbid employers from using non-compete clauses to prevent their employees from contributing to free software
- Prevents state agencies from mandating the use of non-free JavaScript
- Prohibits NH law enforcement from participating in the investigation or prosecution of copyright claims brought by proprietary software developers against free software developers
- Forms a state commission to promote the use of free software in state agencies
Now much of the legislation is a bit wishy-washy with no real teeth, but there are some parts that in theory if passed could have a beneficial impact on our freedom. Other parts could be a little more problematic for those who are libertarian and do not believe in the use of violence to achieve social and political objectives (outside that of a defensive nature anyway). Fortunately most of the bill is tailored toward government and is more defensive in nature than not. Some not so great parts would likely also not have much real world impact.
One part in particular should get libertarians everywhere excited. While it probably was not intended by the legislator proposing the bill, a democrat, it would none-the-less be an amazing step forward in reducing the harm of violent thugs in government. The bill would ensure that users have the right to access the source code for any device utilized in the creation of evidence. This would in effect result in evidence being thrown out whereby the government could not produce the source code to the device that created it. Evidence from such devices as radar guns would no longer be valid in court for all practical purposes. The reason for this is that the suppliers of such devices will not release such source code and thereby prosecutors won’t be able to comply with the law. Before the socialists get upset by this though it’s something everyone should be concerned about. It’s already well known that these devices are full of bugs and this would likely result in evidence being invalidated everywhere if the code were released- not just in NH- and so the device manufacturers would never want to do this short of significant improvements to the code. The solution is to pass this in more states and force manufacturers hand-else let this stand as a means of eliminating a law that should not be in that there is no party that can actually show injury.
To have any real chance of seeing this pass the legislation would likely need to be significantly trimmed. Some parts are problematic such as the forbidding of employers from using non-compete clauses to prevent their employees from contributing to free software for instance. This would likely be unpopular with many state legislators who otherwise support software freedom while also supporting ones right to negotiate a contract free of government interference. Maybe there is a way to put this into law that were more freedom-focused, like letting such terms be unenforceable via law, but either way much of the legislature isn’t going to want to interfere in the private affairs of employee-employer relations either way. I suspect this is likely to have little impact in either case given non-compete clauses within the free software world are already taboo and many of us (myself included) would not sign (or require it) such in an employment contract.
One interesting aspect of the bill is that it would prohibit NH law enforcement from partaking in investigation or prosecution of copyright claims against free software developers. While I can in good conscious support this and would go farther to argue for the elimination of copyright it’s unclear to me where this is currently an issue. Maybe it’s connected to the breaking of digital restrictions such as would be the case with something like DeCSS. A free software program that breaks encryption on commercial DVDs. This falls under copyright law and might be prosecuted by state agencies although that said it’s normally a federal offense. State law enforcement can generally however prosecute federal crimes as I understand it or otherwise partake in federal investigation and prosecution thereof. Of which is more common I do believe with civil asset forfeiture cases.
In spite of some of the issues with the legislation a small contingent of libertarians showed up to more or less in support the legislation as well as others from the free software community. One Jon “maddog” Hall, the Board Chair for the Linux Professional Institute, for instance came out and spoke in favor of the legislation.
Jon “maddog” Hall is the Board Chair for the Linux Professional Institute
The main theme surrounding the hearing seemed to be that of software security and the cost of implementation. New Hampshire’s head of IT for instance also spoke from what appeared to be a purchased lobbyist point-of-view. Declaring more or less that it would be of significant burden and cost to transition to free software (while saying they’re already using free software humorously). The opposing side of course pointed out the truth in that there is always a cost to migrate from one release of a program to another, but it’s not significantly different from that of migrating to free software. Not to mention that while free software isn’t about price, but the liberty, security, and control, this twisting and confusing of the bill was quite disingenuous. The long term costs are reduced as no license agreements need be acquired. Commercial support is generally available too despite the head of IT trying to confuse the reps by comparing commercial software to free software. These are for all intensive purposes one and the same. You can acquire commercial support from Redhat for instance for free software and even much of Microsoft’s own code is based on free software. This bill was about libre, not gratis where libre means freedom, and gratis means price.
While the head of NH IT argued against free software on the basis of features, commercial support, and security the reality is these are more often than not mute points given features can be added to free software unlike the proprietary software he favored. Security bugs can be fixed not at the whim of a particular company, but that of either, you, the community, or the commercial entity you contract with for said free software (example: Redhat). Yes- you can buy free software and many companies do. Just because something is libre doesn’t mean you can’t or shouldn’t pay for its development/support. And unlike proprietary software free software can be seen, read, and audited by third parties with or without the consent of the company producing it (once released). These are the things that ensure security- not anti-virus software or proprietary software vendors of which the former is a kin to putting up a fence and expecting it to stop ants from coming onto your property. The head of IT didn’t stop there- even implying that free software was insecure through association with Bitcoin. While not said outright during the hearing he referenced recent socially engineered attacks on municipalities. Somewhat recently there were reports of municipalities being ‘hacked’- which were in reality social engineering attacks primarily involving the traditional banking system. It was only after the attacks occurred and the money paid by employees of the municipalities to criminals overseas that said money was utilized to purchase Bitcoin or other cryptocurrencies. If there is a flaw- it’s not the software- and it’s certainly not the result of it being libre.
Video Of The Hearing On House Bill (HB) 1273
