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Heckenkamp Challenges Computer Ban
Kevin Poulsen, SecurityFocus 2003-12-03

Accused eBay hacker Jerome Heckenkamp is back in federal court in California this month, but it isn't for his ever-slipping trial date. His attorneys are mounting a constitutional challenge to court-ordered pre-trial restrictions that have kept him from computers and the Internet since his indictment nearly three years ago.

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The Facts -Forget the ALL CAPS (1 replies)
First of all, if any of you care to read the transcript, it was not due to the challenge of the ALL CAPS that the judge decided to incarcerate him.

Second, It was when he challenged the court to state WHO his accuser is, that the judge decided to remand him into custody. The 6th Amendment guarantees the right to face your accuser, and he was only exercising a Constitutionally protected right. The U.S. Government is a fiction entity, so cannot be the accuser. (Unless you think UNCLE SAM -yes he is properly in ALL CAPS- is a real live man.)

The judge stated the reasons for his decision to remand him into custody. There were two (2), neither of which had to do with his name.

1. He was a DANGER to the public!

2. He was a flight risk.

Both were a joke, the reason he finally had to be freed.

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Link to this comment: http://www.securityfocus.com/comments/articles/7576/24116#24116
Heckenkamp Challenges Computer Ban 2003-12-12
Anonymous (1 replies)







 

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