News for hackers. Stuff that matters.
Re:This Guy Has My MacBook by raganwald on Tuesday May 31, 2011 @03:56PM (#2604203)
I hate to be the Devil's advocate in a case involving a stolen laptop (I regard stealing my laptop as a crime even lower than stealing my bicycle), but I'm more than a little troubled by the idea of plastering someone's face and private life (such as the inside of their home) on the Internet before they have been convicted of a crime.

Sure, we could say "Yeah, but this software let the blog author see them absconding with the laptop," but debating the evidence is conducting a trial of sorts, without giving the accused the benefit of a chance to cross-examine their accusers and present their side of the story.

I'm very comfortable with the idea of using software like this to gather evidence, and I'm very comfortable with criticizing the police for failing to act, but I'm not comfortable with publishing these pictures.

Re:This Guy Has My MacBook by 3pt14159 on Tuesday May 31, 2011 @04:08PM (#2604261)
Wow, that's outlandish. For some perspective this guy's hands would have been cut off in Saudi Arabia. At the end of the day (assuming this isn't some fake ad campaign) dude lost his right to privacy when he stole the laptop. The victim has a right to remotely control his property, especially when it has been stolen.

As for a crime lower than stealing my bicycle: That's crazy. Even if you have a bicycle worth more than your laptop, the loss of time and possible identity theft that could happen with a lost laptop more than outweighs the financial loss of either.

Re:This Guy Has My MacBook by raganwald on Tuesday May 31, 2011 @04:13PM (#2604297)
You see where you and I are coming from different places? My understanding is that in Saudi Arabia, the thief's hands would be cut off after a trial. Which is my point. I did not question someone remotely controlling their property. I questioned someone publishing certain pictures in a blog regardless of how they obtained them.

Now onto a subjective matter. A bicycle is a highly personal item for many people. It may not involve identity theft, but for some people it involves a loss of freedom and mobility that can't be replaced easily. My current bicycle has been highly personalized for my use. Having it stolen would be like having a bit of my soul stolen.

If you don't feel the same way about your bike, I quite understand.

UPDATE:

You said that "The dude lost his right to privacy when he stole a laptop." Did you notice what you just did? You convicted someone of an offence without trying them in a court of law. If we were in a jurisdiction where murder is a capital offence, you could use exactly the same logic for lynching and hanging a man without bothering to try him. He lost his right to life when he murdered, and we know he murdered, so fetch a rope and a horse.

Now some (strawman alert) might say that the evidence is overwhelming. Well, where do we draw the line? What's the rule for "We don't need a trial?" Pictures on the Internet? Eyewitness accounts?? Confessions? All of these have been proved unreliable in the past, which is why we have trials.

Re:This Guy Has My MacBook by nimblegorilla on Tuesday May 31, 2011 @05:26PM (#2604689)
Posting pictures on the internet is far different from lynching someone.

The court system and government should treat people as innocent until proven guilty. Private citizens have a lower responsibility.

At no point did the original poster claim that man stole his laptop - he merely stated that his laptop was stolen and posted pictures of the man currently possessing the stolen laptop. Other people assumed this man stole the laptop, which may or may not be accurate.

The man is in possession of stolen property. At some point we need to balance the owner's rights to retrieve stolen property against the right's of a man possessing stolen property to retain complete anonymity.

Re:This Guy Has My MacBook by orborde on Tuesday May 31, 2011 @06:51PM (#2605034)
Posting pictures on the internet is a great way to get a lynch mob going. Those people assuming this man stole the laptop can cause real harm as a result, and I'm not convinced that a smug "I never actually said that this man stole my laptop" should be an acceptable defense for the provocateur.
Re:This Guy Has My MacBook by forensic on Tuesday May 31, 2011 @11:00PM (#2605759)
A lynch mob is appropriate if the police refuse to act.

If elected officials do not enforce the law, the burden falls onto private citizens to do so. This is the common law with thousands of years of precedent.

Re:This Guy Has My MacBook by djackson on Tuesday May 31, 2011 @04:33PM (#2604411)
1. Person A has a laptop

2. Person A no longer has a laptop. Person A did not sell or give away this laptop. The laptop was stolen.

3. Person B now has the missing laptop.

Conclusion: Person B is in possession of a stolen laptop.

Re:This Guy Has My MacBook by raganwald on Tuesday May 31, 2011 @04:43PM (#2604463)
This is fine line or argument, but don't you think it belongs in a courtroom, being made to a jury that has been shown all of the evidence and who will also hear the accused make his own arguments for his innocence?
Re:This Guy Has My MacBook by dhh on Tuesday May 31, 2011 @06:39PM (#2604983)
This is a modern day wanted poster. I think it's completely fine. He hasn't been convicted to any material degree: He's still free, unhurt, and in possession of the item.
Re:This Guy Has My MacBook by dtegart on Tuesday May 31, 2011 @05:17PM (#2604644)
The website appears to have been created in response to the inability of the police to bring the person, allegedly responsible, into a courtroom to explain why he is in possession of a stolen laptop.
Re:This Guy Has My MacBook by rosser on Tuesday May 31, 2011 @05:30PM (#2604712)
Isn't possession of stolen property prima facie proof of guilt of ... possession of stolen property?
Re:This Guy Has My MacBook by Periodic on Tuesday May 31, 2011 @09:19PM (#2605453)
Is buying stolen property, which you seller does not tell you is stolen, over Craig's List equivalent to stealing the item? Should the buyer be jailed?
Re:This Guy Has My MacBook by by on Wednesday June 01, 2011 @07:49AM (#2606854)
No. The police possess a great deal of stolen property. The entire police force would collapse into a blue hole if they had to arrest everybody in possession of stolen property. The crime is knowing it is stolen and having no intent to return it.
Re:This Guy Has My MacBook by djackson on Tuesday May 31, 2011 @06:24PM (#2604927)
Yeah.. that was pretty much what I was going for, there.
Re:This Guy Has My MacBook by wnoise on Tuesday May 31, 2011 @05:21PM (#2604663)
That's definitely required before bringing the resources of the state to bear in punishing the person.

If you're not doing that, then no, it needn't be.

Re:This Guy Has My MacBook by davej on Tuesday May 31, 2011 @04:57PM (#2604533)
In this case it seems unlikely but bear in mind that it's possible to be in possession of stolen goods without knowing they're stolen.
Re:This Guy Has My MacBook by furyg3 on Wednesday June 01, 2011 @06:40AM (#2606718)
Of course it's possible to be in possession of stolen goods without knowing they're stolen... but that does not remove the rights of the "owner" of the laptop to remotely control his equipment. If you buy a Blackberry for cheap off of Craigslist, it sucks when the owner bricks it after a week and you loose all your photos/contacts/sms messages. But legally its still his phone, he can do what he wants with it.

This guy also has every right to collect and publicize any information collected by the laptop which will help him locate it. He's titled it "This guy has my MacBook", not stole, and he hasn't posted anything irresponsibly that I've seen.

He has every right to collect the guy's personal information, too, but that doesn't mean he can use his credit card or publish his social security number.

Re:This Guy Has My MacBook by latch on Tuesday May 31, 2011 @09:58PM (#2605568)
What makes it seem unlikely?
Re:This Guy Has My MacBook by davej on Wednesday June 01, 2011 @08:58PM (#2610133)
The fact that he's shown driving away with the laptop shortly after stealing it.
Re:This Guy Has My MacBook by BlazingFrog on Tuesday May 31, 2011 @04:52PM (#2604505)
I don't see any evidence that Person B stole Person A's laptop or that Person B is even aware than the laptop was stolen. Or maybe that was the point you were making?
Re:This Guy Has My MacBook by BrandonM on Wednesday June 01, 2011 @11:19AM (#2607629)
How about the bit where he shows the person deleting his profile?
Re:This Guy Has My MacBook by wesleyb on Tuesday May 31, 2011 @04:47PM (#2604479)
2.5 Thief logs onto ebay and sells laptop to Person B

Conclusion?

Re:This Guy Has My MacBook by joahua on Tuesday May 31, 2011 @05:51PM (#2604804)
Person B is still in possession of stolen goods (which has certain legal consequences at least in Australia)
Re:This Guy Has My MacBook by jhamburger on Tuesday May 31, 2011 @04:16PM (#2604315)
I'm not sure what perspective Saudi Arabia's laws give us. In Saudi Arabia homosexuality is punishable by death, does that give us any perspective of how they should be treated here?
Re:This Guy Has My MacBook by mike_organon on Tuesday May 31, 2011 @11:38PM (#2605848)
Yes, that's better than a lynch mob with no rule of law.
Re:This Guy Has My MacBook by nske on Thursday June 02, 2011 @06:17AM (#2611355)
Is it, really?

I for once would pick living amongst a disorganized mob who would lynch me upon suspicion of doing something that I also consider unjust, over an organized society that would punish me, through the best procedures, for something that I find my fundamental right.

Neither case is ideal, obviously, but it's better for a society to miss procedures than a sense of individual rights.

Also, I think it is far easier for a society to build procedures/laws than change radically its perceptions on what is right and what is wrong.

Re:This Guy Has My MacBook by Brashman on Tuesday May 31, 2011 @04:20PM (#2604338)
I think his point is that although the guy whose photo was taken probably stole the laptop, we shouldn't jump to that conclusion without a proper trial. For instance, maybe he bought it from the thief off craigslist. I don't know how that gets sorted out by law, but I wouldn't blame the person who bought it and wouldn't want his face posted on the internet.
Re:This Guy Has My MacBook by VBprogrammer on Tuesday May 31, 2011 @04:47PM (#2604480)
In general the rule is Caveat Emptor - or buyer beware. It is up to the buyer of the goods to ensure that the seller is the legitimate owner of the property being sold. A thief cannot convey good title.

Your hypothetical Craig's lister would be in possession of stolen goods.

In fact, having photos of the person improperly in possession of your property and not making any effort to identify that person could be perceived as being complicit in the arrangement.

(However IANAL...)

Re:This Guy Has My MacBook by westicle on Wednesday June 01, 2011 @07:52AM (#2606865)
Not trying to shoot you down, as despite your IANAL disclaimer the general reasoning is sound, but:

You are conflating two distinct legal principles:

Caveat Emptor, the principle that the BUYER of property takes the risk of defects in that property (except in the case of fraud/misrepresentation on the part of the SELLER); and

A thief cannot convey good title, which is actually a fallacy. If you honestly purchase goods from a thief, for market value, without knowing that the goods are stolen, your interest in those goods actually trumps those of the original owner. Counter-intuitive huh?

The original owner has recourse only against the thief, as you are effectively an innocent party to the transaction.

Caveat emptor protects the seller against a careless purchase followed by buyer's remorse.

Merely possessing goods which are stolen is not a crime in any jurisdiction i'm aware of (and for good reason), this offence almost always implies a mental element of knowledge or at least suspicion as to the source of the goods.

Re:This Guy Has My MacBook by VBprogrammer on Wednesday June 01, 2011 @03:23PM (#2608893)
It is certainly the case in the UK that a stolen car remains the property of the original owner even when purchased by someone who has no knowledge of the theft.

See: http://www.telegraph.co.uk/motoring/news/2753701/Motorists-u...

My understanding was that the due diligence one is expected to conduct under caveat emptor would include ensuring the buyer had the legal title of the goods to be purchased, but this might be a regional variation or I could just be wrong.

Re:This Guy Has My MacBook by mishmash on Tuesday May 31, 2011 @04:34PM (#2604413)
>For instance, maybe he bought it from the thief off craigslist.

Could be but one could also speculate the other direction. What if the robbery occurred in a very short time span, and the photo of him driving away was taken (assuming it was time and location stamped) during that time and in the immediate vicinity of the crime?

This would make it unlikely that a third party transaction had occurred.

Re:This Guy Has My MacBook by BlazingFrog on Tuesday May 31, 2011 @04:55PM (#2604521)
Which is precisely why modern civilized societies have a judicial system. To reach a verdict based on actual facts and evidence. Not some "what ifs". [edited for typos]
Re:This Guy Has My MacBook by mishmash on Tuesday May 31, 2011 @05:12PM (#2604613)
So the current facts are that:

  a) the guy owns a laptop
  b) he took pictures using it
Sounds like he's in the clear to post them anywhere he likes then?
Re:This Guy Has My MacBook by ElliotH on Tuesday May 31, 2011 @06:06PM (#2604857)
I own a netbook - its quite small and could be easily hidden behind a sofa or something, lets say I leave it somewhere private - maybe a hidden corner of someone's house (a friends house, I didn't break in). I take some photos with it it.

Does it sound like I'm in the clear to post them anywhere I like?

Re:This Guy Has My MacBook by mishmash on Tuesday May 31, 2011 @06:49PM (#2605026)
The law hinges entirely on the term "expectation of privacy" so what you do you mean by "somewhere private"? You mention a sofa so if your friend invited you in somewhere like the living room (ie. no bathrooms, weren't filming his naked kids, etc.), my understanding is you would be fine. Your friend might not like it, but legally similar situations happen daily, it's called Facebook.

Imagine taking a picture at a party with intoxicated people in it, do you get everyone's consent before snapping the pic? What about being filmed on security cam driving past an ATM? So those are two examples of where although you might not actively expect to be filmed, they are still protected filming locations.

edit: typos

Re:This Guy Has My MacBook by loy22 on Tuesday May 31, 2011 @07:32PM (#2605144)
When it comes to justice Saudi Arabia is not an inspiring example, I'm not interested in this perspective. Their system is stuck in the medieval era, why should we take any pride from such a comparaison ?

I'm uneasy with this kind of plastering as well, it has this "mob lynching" vibe that is often for the worst rather than the best. It appeals to our worst instincts, and you can sense that the author is angry and we are helping him to punish this guy when we look at this.

I felt dirty to be honest. If you don't believe it, ask yourself: why didn't he blur his face ? Would his message be less efficient ?

Re:This Guy Has My MacBook by MBlume on Tuesday May 31, 2011 @04:14PM (#2604305)
I think by 'lower' he means 'worse', or 'more despicable', so you guys don't actually disagree on that.
Re:This Guy Has My MacBook by kenj0418 on Tuesday May 31, 2011 @04:22PM (#2604348)
This isn't the police (or any other government agency) posting the pictures, its an individual. If the accused thief doesn't like that he has been accused of being a thief he can sue the blog author for defamation (libel/slander).
Re:This Guy Has My MacBook by raganwald on Tuesday May 31, 2011 @04:24PM (#2604365)
I know he can sue. My point isn't that it's illegal, my point is that I don't like it. I also don't like it when newspapers do exactly the same thing, accuse people of crimes before they have been convicted.
Re:This Guy Has My MacBook by kenjackson on Tuesday May 31, 2011 @04:43PM (#2604460)
It appears he just says that this guy has his MacBook, not that he stole it. He says his MacBook was stolen and this guy has it. But doesn't say that this guy stole it.
Re:This Guy Has My MacBook by rcthompson on Tuesday May 31, 2011 @08:59PM (#2605406)
The caption on the photo at the bottom of the page (presumably the first picture chronologically) says "Guy driving away with my MacBook." Combined with the assertion that the laptop is stolen, it's hard to read this as anything other than an accusation of theft.
Re:This Guy Has My MacBook by raganwald on Tuesday May 31, 2011 @04:51PM (#2604503)
Thanks, that's a really nifty insight.
Re:This Guy Has My MacBook by kissickas on Tuesday May 31, 2011 @04:50PM (#2604491)
Is it possible to be convicted for a crime without being accused? Someone is accusing you of committing a crime- the plaintiff, in court. Isn't that all he's doing?
Re:This Guy Has My MacBook by mcantor on Tuesday May 31, 2011 @04:26PM (#2604376)
Are you saying that the person in the pictures may be someone other than the thief (e.g., they purchased the stolen laptop), or that the pictures shouldn't be published even if they depict the thief?

Also, are you uncomfortable with the publishing to the extent that it is a punishment? I interpreted it as an attempt to get people's attention and thus make it more likely that his property is returned, rather than a punishment.

Re:This Guy Has My MacBook by raganwald on Tuesday May 31, 2011 @04:42PM (#2604454)
I'm not comfortable saying the person is the thief until they have been convicted of a crime. After that, certain pictures are probably fair game. Before that, I am not comfortable with it even if it later transpires that they were convicted.

There's a whole "presumption of innocence" thing going on in my head. I feel like people are telling me that it only applies when they haven't been shown what looks at first glance like compelling evidence.

Re:This Guy Has My MacBook by VBprogrammer on Tuesday May 31, 2011 @04:55PM (#2604524)
The original poster clearly respected this right. The page clearly says "this guy has my MacBook," not "this guy stole my MacBook." Which, presuming the original poster isn't outright lying, is clearly true.

I think making all reasonable attempts, including creating a webpage, to identify that person is well within his rights.

Re:This Guy Has My MacBook by raganwald on Tuesday May 31, 2011 @05:05PM (#2604563)
The original poster clearly respected this right. The page clearly says "this guy has my MacBook," not "this guy stole my MacBook." Which, presuming the original poster isn't outright lying, is clearly true.

As I acknowledged elsewhere, this is an excellent point, thank you.

I think making all reasonable attempts, including creating a webpage, to identify that person is well within his rights.

Ah, now this is another matter. It looks like the author of this blog has this other person's GPS location and Google credentials. I am not an expert, but I am also not sure that publishing these pictures in this context is solely a question of identifying the person.

So even if he is careful to avoid a blatant accusation, I still don't like the implication and I don't think that identification is the purpose. If it was, it would be easy enough to get in touch with this person without explaining what this has to do with a laptop.

Re:This Guy Has My MacBook by VBprogrammer on Tuesday May 31, 2011 @05:25PM (#2604684)
I'm not sure where his GPS location would have come from. Do MacBooks have GPS built in these days?

Also, from the photo's it is only clear that he has the guys email address, and even if he did have his password I'm not sure what he could do with it without committing a fairly serious offense.

I really have no idea how you would go about contacting this person without putting yourself in a compromised position. I realize that you do not want people to jump to conclusions as to this guys guilt, however, at the very least he would be a leading suspect in the theft of this laptop, and that is not the sort of person I'd meet for a coffee and to talk about him maybe giving back my laptop.

Also, if you emailed the guy and politely asked him to return the laptop how long do you think it would take for him to get rid of it on craigslist or ebay?

Therefore, attempting to get more information on who this person is in order to build evidence that the police might be interested in looking at seems quite reasonable.

Re:This Guy Has My MacBook by allenbrunson on Tuesday May 31, 2011 @06:24PM (#2604926)
MacBooks don't have GPS, but they can indeed locate themselves, and report that information to apps that ask for it. Apple maintains a big database of WiFi networks with the location of each, crowd-sourced by users of its products.

This same location method is used by iPads and iPod Touches, which also don't usually have any better way of locating themselves. The WiFi technique is even used for iPhones, in the rare event that they can't use GPS or cell tower triangulation at a given point in time.

Re:This Guy Has My MacBook by iamben on Tuesday May 31, 2011 @08:30PM (#2605321)
Prey gets the location of the computer using Google, I believe.
Re:This Guy Has My MacBook by tintin on Wednesday June 01, 2011 @04:19AM (#2606483)
I think it's even worse that he is posting pictures of a guy who has his laptop.

What if it turned out this guy did not steal it but bought it from someone? He, his house and a sleeping woman are now on the internet.

You should read the post here on HN about scanners at airports where we all are suspects. Everybody would scream about the privacy issues...

Re:This Guy Has My MacBook by mcantor on Tuesday May 31, 2011 @05:07PM (#2604572)
This is an interesting approach. It seemed to me that the OP would agree with what you are saying, up to the point where the police said they couldn't help. He certainly doesn't explicitly say anything about why he is posting the photos... that said, I feel like there are two possibilities:

1.) He doesn't care whether the guy is the thief. He is publishing the photos in an act of non-vengeful vigilantism, with the hopes that someone will see or recognize the guy and contact the OP.

2.) He is assuming the guy is the thief. And, he is publishing the photos to harass/humiliate that person.

Personally I am comfortable with #1 but certainly not #2, for the reasons you cited. In #1, the guy's innocence (or lack thereof) is irrelevant to the OP's motivations.

Re:This Guy Has My MacBook by joel_ms on Wednesday June 01, 2011 @04:37AM (#2606519)
You are, however, apparently comfortable with (indirectly) accusing Joshua Kaufman of violating a man's privacy, in a public forum without a conviction in a courtroom. Why won't you afford him the same presumption of innocence?

At least he contacted the police first, who wouldn't act on the evidence and only then did he try to garner public support for his case by showing the world the evidence he had. He even did this without accusing the man in the pictures of anything other than possessing his laptop, which is a fact arising from the evidence, even if it hasn't been considered by a court. This case wouldn't even reach a courtroom if it weren't for the fact that this website eventually got the attention of the police.

Ideally the police should have just taken the evidence and investigated the case, but instead the justice system failed. What options did this guy have, other than drawing attention to the fact that the police didn't do their job? Grabbing his pitchfork and willfully instigating a real lynch mob? Letting his computer go?

Re:This Guy Has My MacBook by tghw on Tuesday May 31, 2011 @07:11PM (#2605087)
If you are in public and someone snaps your photo, they can and use it for pretty much anything non-commercial. This is because, in public, you have no reasonable expectation of privacy.

In this case, the guy is using a photographic device that is not his (we don't know if he stole it or not), specifically, he is pointing the camera directly at his face. My gut feeling is that it would be a fine line to walk, but that there might be a decent argument that he has no reasonable expectation of privacy. It's not his device, he knows there's a camera in it, and he's pointing that camera at his face...

Just another way to look at it.

Re:This Guy Has My MacBook by PostOnce on Wednesday June 01, 2011 @12:17AM (#2605935)
Not in this particular case (photos of him driving away from the scene of the crime?), but in many like this, the pictures could be of someone who thought they had purchased a legitimate laptop on craigslist.

People would still be eager to punish the guy in the pictures, pre-trial and regardless of his story.

Re:This Guy Has My MacBook by Vitaly on Tuesday May 31, 2011 @04:57PM (#2604534)
establishing a truth and proving it 'without a reasonable doubt' are different things.

if you personally saw a murder you don't need no trial to know who is the killer. trial is to convince everybody else.

In this case, trial might be required to charge this guy with anything, but you can see him driving away with the laptop just as it was stolen. might not be enough to charge with theft, but pretty much enough for me.

Re:This Guy Has My MacBook by raganwald on Tuesday May 31, 2011 @05:01PM (#2604550)
if you personally saw a murder you don't need no trial to know who is the killer. trial is to convince everybody else.

I don't think you know why we have trials. We don't have trials to convince everyone else. We have trials because your eyesight alone is not sufficient evidence, you need to consider all of the facts, not just what you think you saw.

Re:This Guy Has My MacBook by tzs on Wednesday June 01, 2011 @02:30AM (#2606229)
If I commit act X, which is illegal, but I cannot be convicted because an error in police precedure makes some of the evidence inadmissible, it sounds like you believe that means I did not actually do X.

That is not how causality works in this universe.

Re:This Guy Has My MacBook by xutopia on Wednesday June 01, 2011 @10:52AM (#2607501)
The same is happening right now with the Dominique Strauss-Kahn sexual misconduct allegations.

In the USA these kinds of allegations are made public whereas in France both parties (alleged victim and alleged per(p|v)) are treated the same private way until a court deliberates.

Re:This Guy Has My MacBook by aercolino on Tuesday May 31, 2011 @06:44PM (#2605011)
Exactly what I was going to say. This is only acceptable if the website is a setup, otherwise it's just criminal to put that pictures with those accusations on them.
Re:This Guy Has My MacBook by pnathan on Tuesday May 31, 2011 @10:45PM (#2605716)
And what's the crime? Taking a picture of someone with the camera they stole?