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16 year old arrested, held under 'patriot act

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Postby Jaack » Wed May 06, 2009 9:12 am

http://www.wral.com/news/local/story/5049867

Mom says Patriot Act stripped son of due process

Oxford, N.C. — Sixteen-year-old Ashton Lundeby's bedroom in his mother's Granville County home is nothing, if not patriotic. Images of American flags are everywhere – on the bed, on the floor, on the wall.

But according to the United States government, the tenth-grade home-schooler is being held on a criminal complaint that he made a bomb threat from his home on the night of Feb. 15.

Ashton Lundeby
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Teen's mom questions Patriot Act


The family was at a church function that night, his mother, Annette Lundeby, said.

"Undoubtedly, they were given false information, or they would not have had 12 agents in my house with a widow and two children and three cats," Lundeby said.

Around 10 p.m. on March 5, Lundeby said, armed FBI agents along with three local law enforcement officers stormed her home looking for her son. They handcuffed him and presented her with a search warrant.

"I was terrified," Lundeby's mother said. "There were guns, and I don't allow guns around my children. I don't believe in guns."

Lundeby told the officers that someone had hacked into her son's IP address and was using it to make crank calls connected through the Internet, making it look like the calls had originated from her home when they did not.

Her argument was ignored, she said. Agents seized a computer, a cell phone, gaming console, routers, bank statements and school records, according to federal search warrants.

"There were no bomb-making materials, not even a blasting cap, not even a wire," Lundeby said.

Ashton now sits in a juvenile facility in South Bend, Ind. His mother has had little access to him since his arrest. She has gone to her state representatives as well as attorneys, seeking assistance, but, she said, there is nothing she can do.

Lundeby said the USA Patriot Act stripped her son of his due process rights.

"We have no rights under the Patriot Act to even defend them, because the Patriot Act basically supersedes the Constitution," she said. "It wasn't intended to drag your barely 16-year-old, 120-pound son out in the middle of the night on a charge that we can't even defend."

Passed after the Sept. 11, 2001, terrorist attacks on the U.S., the Patriot Act allows federal agents to investigate suspected cases of terrorism swiftly to better protect the country. In part, it gives the federal government more latitude to search telephone records, e-mails and other records.

"They're saying that 'We feel this individual is a terrorist or an enemy combatant against the United States, and we're going to suspend all of those due process rights because this person is an enemy of the United States," said Dan Boyce, a defense attorney and former U.S. attorney not connected to the Lundeby case.

Critics of the statute say it threatens the most basic of liberties.

"There's nothing a matter of public record," Boyce said "All those normal rights are just suspended in the air."

In a bi-partisan effort, Rep. Jerrold Nadler, D-N.Y., and Rep. Jeff Flake, R-Ariz., last month introduced in the U.S. House of Representatives a bill that would narrow subpoena power in a provision of the Patriot Act, called the National Security Letters, to curb what some consider to be abuse of power by federal law enforcement officers.

Boyce said the Patriot Act was written with good intentions, but he said he believes it has gone too far in some cases. Lundeby's might be one of them, he said.

"It very well could be a case of overreaction, where an agent leaped to certain conclusions or has made certain assumptions about this individual and about how serious the threat really is," Boyce said.

Because a federal judge issued a gag order in the case, the U.S. attorney in Indiana cannot comment on the case, nor can the FBI. The North Carolina Highway Patrol did confirm that officers assisted with the FBI operation at the Lundeby home on March 5.

"Never in my worst nightmare did I ever think that it would be my own government that I would have to protect my children from," Lundeby said. "This is the United States, and I feel like I live in a third world country now."

Lundeby said she does not think this type of case is what the Patriot Act was intended for. Boyce agrees.

"It was to protect the public, but what we need to do is to make sure there are checks and balances to make sure those new laws are not abused," he said.

* Reporter: Amanda Lamb
* Photographer: Chad Flowers
* Web Editor: Kelly Gardner
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Postby greeney2 » Wed May 06, 2009 10:28 am

I'm sure the liberals have everything in control, :lol: and all the Bush tricks are gone now. I'm sure Obama will take this out of the patriot act hands, and put it where it should be. A federal crime tired in a federal court.

Noboby knows what he did yet but its a surre bet his computer does. 9 agents tells me something big happened. Was there a recent Capitol evacuation? The FBI has to take what these 16 year olds do seriously, we hear everyday about these school shootings. Common denominator to all of them is a computer use evidence. When you mess around the wrong way with your computer, it could be a federal offence. They just convicted a 21 year old from Sweden for hacking into NASA. A lot of 16 year olds may think they are not tracable when here fool around. Probably just a kid who screwed up, and should be in juvinile court. Could also be another troubled kid, ready to go off the deep end, and Mom and Dad only think he is a good church going kid, without a clue to his mental state.
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Postby Jaack » Wed May 06, 2009 10:38 am

What's sad is that this will be taken more seriously than the "Club Gitmo Prisoners".
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Postby Tairaa » Wed May 06, 2009 11:00 am

Lundeby told the officers that someone had hacked into her son's IP address and was using it to make crank calls connected through the Internet, making it look like the calls had originated from her home when they did not.


Feasible. That's like, grade one of hacking.

Hack into a different personal computer and carry out any action through it rather then yours and erase networking logs before you leave.

First thing I learnt how to do, and it turned out to nearly be the last also. Hacking is too high profile nowadays, but it's fun to do with your friends. Have little competitions, see who can compromise each others security first. :lol:
"George Bush says he speaks to god every day, and christians love him for it. If George Bush said he spoke to god through his hair dryer, they would think he was mad. I fail to see how the addition of a hair dryer makes it any more absurd."
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Postby greeney2 » Wed May 06, 2009 11:20 am

Do you actually think you would fool the FBI doing that?
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Postby Lashmar » Wed May 06, 2009 11:24 am

Play stupid. It’s a good ploy. :ugeek:
Read between the lies
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Postby Tairaa » Wed May 06, 2009 11:25 am

If done right, in the very least you can make it so it is impossible for them to know the who hijacked the computer.

They will likely be able to tell what happened regardless.

You could download a HDD purge program and purge the harddrive as you leave, that'd make it pretty impossible to determine anything. Usually that's not standard procedure for a hacker, unless he's into some really high profile stuff. Like a bomb threat or something..

:P

But typically in the least you remove networking logs.
"George Bush says he speaks to god every day, and christians love him for it. If George Bush said he spoke to god through his hair dryer, they would think he was mad. I fail to see how the addition of a hair dryer makes it any more absurd."
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Postby Nesaie » Wed May 06, 2009 11:07 pm

Regardless of if the kid is innocent or guilty, as an American there is this little piece of paper called the Constitution. That "stupid piece of paper" is supposed to afford ALL Americans the Right to due process. Due process includes the assumption of innocence. It also includes the right to a lawyer. If he has been denied this right, that is ILLEGAL and ANTI-CONSTITUTIONAL!

All who hold office swear an oath to uphold the Constitution. By swearing that oath and creating "laws" that are anti-Constitutional, is anti-American and anti-Constitutional. They're traitors!

Anybody who would support the actions of this paranoid law, enacted during the Bush Jr. administration, is anti-American and anti-Constitution.

Oh...and this is some real "change" from the last administration. :roll:
Such a society would be dominated by an elite, unrestrained by traditional values. Soon it will be possible to assert almost continuous surveillance over every citizen... - Zbigniew Brezhinsky
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Postby Jaack » Thu May 07, 2009 9:25 am

Nesaie wrote:Regardless of if the kid is innocent or guilty, as an American there is this little piece of paper called the Constitution. That "stupid piece of paper" is supposed to afford ALL Americans the Right to due process. Due process includes the assumption of innocence. It also includes the right to a lawyer. If he has been denied this right, that is ILLEGAL and ANTI-CONSTITUTIONAL!

All who hold office swear an oath to uphold the Constitution. By swearing that oath and creating "laws" that are anti-Constitutional, is anti-American and anti-Constitutional. They're traitors!

Anybody who would support the actions of this paranoid law, enacted during the Bush Jr. administration, is anti-American and anti-Constitution.

Oh...and this is some real "change" from the last administration. :roll:


Ahh finally someone speaks up about this and it's the almost all knowing Nesaie.

Read the rights again and read about habeas corpus. It's a privilege which can be revoked. Read in the rights about how they can be applied. It's all in the Constitution.
Last edited by Jaack on Thu May 07, 2009 10:18 am, edited 1 time in total.
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Postby greeney2 » Thu May 07, 2009 10:01 am

Ashton now sits in a juvenile facility in South Bend, Ind. His mother has had little access to him since his arrest. She has gone to her state representatives as well as attorneys, seeking assistance, but, she said, there is nothing she can do.


Wait! Wait! Wait! just a minute. The Mother is claiming he was arrested and detained becasue of the Patriot Act, but this doesn;t sound like the case at all. He is being held in a Junenile Facility in south bend Indiana and she has access to him. Is this really a case of the Patriot act denying a kid his rights or a mothers claim that is unfounded, crying wolf. Why would a federal patriot act crime detain him in a juvinile facility and not a federal facility regardless if he were only 16? He would be in a federal facility and kept in seclusion I would think. Before you all jump to conclusions, maybe this is no more than a frantic Mother's claims, and not the case whatsoever.
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