Friday, August 18, 2006

Cell phones, terrorists, and Tuscola County, Michigan: update

I see that prosecutors are indeed trying to cover their ass in the embarrassing Tuscola County, Michigan case in Caro.

"There's real suspicion on my part, when you get these other charges, that you get this face-saving, 'Well, we've locked them up and we've got to charge them with something."'

--David A. Moran, associate dean at Wayne State University Law School

When they realize how they have no case, they will do their best to have the men plea bargain something, however light, to prove the case wasn't the amazing reach it is.


Boing-boing missed the part where the terrorism charges were dropped and replaced with fraud charges.

Doctrine of first sale indicates there is no fraud here. Unfortunately some people don't get it.
For instance, using the term "black-market" in a story implies that somehow it's illegal to sell goods you've bought legally. It isn't. Nor is it illegal to remove a possibly illegal restriction on use of the phone (The carriers block your ability to use your phone with other carriers' SIM cards, yet you can get the carriers or a third-party store to unblock the phone... usually for a fee). How is doing this by yourself then illegal?

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