Dr Peter Watts, Canadian science fiction writer, beaten and arrested at US border

boingboing ^ | December 11, 2009 | Cory Doctorow

[Hank Kerchief]

My friend, the wonderful sf writer Peter Watts was beaten without provocation and arrested by US border guards on Tuesday. I heard about it early Wednesday morning in London and called Cindy Cohn, the legal director of the Electronic Frontier Foundation. She worked her contacts to get in touch with civil rights lawyers in Michigan, and we mobilized with Caitlin Sweet (Peter's partner) and David Nickle (Peter's friend) and Peter was arraigned and bailed out later that day.

But now Peter faces a felony rap for "assaulting a federal officer" (Peter and the witness in the car say he didn't do a thing, and I believe them). Defending this charge will cost a fortune, and an inadequate defense could cost Peter his home, his livelihood and his liberty.

Peter's friends are raising money for his legal defense. I just sent him CAD$1,000, because this is absolutely my biggest nightmare: imprisoned in a foreign country for a trumped-up offense against untouchable border cops. I would want my friends to help me out if it ever happened to me.

Update: Here's more from Peter, in his own words: "Along some other timeline, I did not get out of the car to ask what was going on. I did not repeat that question when refused an answer and told to get back into the vehicle. In that other timeline I was not punched in the face, pepper-sprayed, [expletive deleted by Mod], handcuffed, thrown wet and half-naked into a holding cell for three [expletive deleted by Mod] hours, thrown into an even colder jail cell overnight, arraigned, and charged with assaulting a federal officer, all without access to legal representation (although they did try to get me to waive my Miranda rights. Twice.). Nor was I finally dumped across the border in shirtsleeves: computer seized, flash drive confiscated, even my fucking paper notepad withheld until they could find someone among their number literate enough to distinguish between handwritten notes on story ideas and, I suppose, nefarious terrorist plots. I was not left without my jacket in the face of Ontario's first winter storm, after all buses and intercity shuttles had shut down for the night.

"In some other universe I am warm and content and not looking at spending two years in jail for the crime of having been punched in the face."

Sf writer David Nickle writes,

Hugo-award-nominated science fiction author Dr. Peter Watts is in serious legal trouble after he was beaten, pepper-sprayed and imprisoned by American border guards at a Canada U.S. border crossing December 8. This is a call to friends, fans and colleagues to help.

Peter, a Canadian citizen, was on his way back to Canada after helping a friend move house to Nebraska over the weekend. He was stopped at the border crossing at Port Huron, Michigan by U.S. border police for a search of his rental vehicle. When Peter got out of the car and questioned the nature of the search, the gang of border guards subjected him to a beating, restrained him and pepper sprayed him. At the end of it, local police laid a felony charge of assault against a federal officer against Peter. On Wednesday, he posted bond and walked was taken across the border to Canada in shirtsleeves (he was released by Port Huron officials with his car and possessions locked in impound, into a winter storm that evening). He's home safe. For now. But he has to go back to Michigan to face the charge brought against him.

The charge is spurious. But it's also very serious. It could mean two years in prison in the United States, and a ban on travel in that country for the rest of Peter's life. Peter is mounting a vigorous defense, but it's going to be expensive - he's effectively going up against the U.S. Department of Homeland Security, and he needs the best legal help that he can get.

He's got that help, courtesy of one of the top criminal lawyers in the State of Michigan. We, Peter's friends and colleagues here in Canada, want to make sure he gets the help he needs financially to come out of this nightmare whole.

The need for that help is real. While Peter is a critically successful science fiction writer, he is by no means a best-selling author. Without help, the weight of his legal fees could literally put him on the street by spring.

We can't let that happen. So there's going to be fundraising.

We're going to think of something suitable in the New Year - but immediately, anyone who wants to help can do so easily. Peter's website, rifters.com, has a link to a PayPal account, whimsically named the Niblet Memorial Kibble Fund. He set it up years ago for fans of the Hugo-nominated novel Blindsight and his Rifters books, to cover veterinary bills for the cats he habitually rescues from the mean streets of Toronto. Peter has made it clear that he doesn't want to use the veterinary money to cover his lawsuit. But until we can figure out a more graceful conduit for the legal fund, that's the best place to send donations for now. Just let Peter know that the donation's for his legal defense, and that's where it will go.

Here's the link to the backlist page on Peter's website, rifters.com, or you can just send a PayPal donation to donate@rifters.com.

The link to the Niblet Memorial Kibble Fund is in the middle of the page. The page also links to Creative Commons editions of all his published work, which he's made available free. Peter would approve, we think, if you downloaded one or two or all of them. Whether you make a donation to the legal fund or not.

Update: David Nickle adds, "there's a very small correction I need to make to the account that's gone, erm, viral. I had thought that Peter had made his way back on foot; in fact, police released him in shirtsleeves at the Canadian side of the border. It was a winter storm, he was in shirtsleeves, but he didn't have to cross the bridge on foot.

I'd misunderstood Peter's account on that point. "

[Spartan79]

Take it from a long-time sci-fi reader. He’s a sci-fi writer, but barely makes the B-list.

[kingu]

The only proper response to a government official with a gun is “yes sir”, or “no sir”.

I wouldn't go that far, but in the case of being at a border station and requesting to enter another nation (or even returning from visiting another nation), that is the time to accept that the constitution permits a full inspection of what you're bringing and your person. If this was a traffic stop, my opinion drastically changes. Yes sir and no sir only to constitutionally valid questions and requests, no matter if the officer is armed or not.

[gogeo]

Fiction writer and activist, eh?

[kingu]

I know the constitution gives full powers to the federal government to search, detain, seize and tax items entering or leaving the country. I have no right to privacy of my person or my property at a border crossing. Searching my property and person with or without a reasonable suspicion that I am smuggling something is the federal government’s right under the constitution, in this situation.

Do the same pretty much anywhere else, and you’d best have a good reason and if you don’t, you can expect resistance from myself.

[kingu]

From the tidbit on the Starfish series by Dr. Watts... Then there are characters like Gary Fischer, a schizophrenic sexual child molester

And the other tidbit from the article, the call to the EFF, not the ACLU. Dr. Watts doesn't want his data examined, as there's likely 'research material' on that laptop.

[ASOC]

LOL x2

DIdn’t know that, further reason to skip this guys books.

Thank goodness for Niven - tho folks might look ascance at John Ringos books.

[verga]

I wonder if such a compliant populace was envisioned by T. Jefferson and company?

The Constitution gives the Federal Government the authority to search, seize, and tax items entering or leaving the country. And since Jefferson was one of the contributors to the document in question, I'd have to say not just yes, but Hell yes.

I am certain that you have read many of the other posts that agree with and support my position, might be time to back away slowly with your hands in clear view offering your "Mea Culpas".

[no-s]

It also states that the federal government has control of the borders, and has the ability to regulate travel and what is imported or exported.

In what part? Do you know? Please cite the authority.

[Cold Heat]

It's one of the few legitimate Federal Gov responsibilities. They have not been doing it very well.

BTW....underlying this story is a typical Canadian prick. You see them all the time with their noses in the air and their mouths running like a broken faucet.

They irritate you everywhere, even as tourists in foreign countries. Try traveling sometime and tell me what you think about this story when you find yourself wanting to smash one of these morons in the face for their cute little insults.

[hoosierham]

Sorry,no mea culpas.

I'm not convinced this is the level of government envisioned by the founders.

Freedom for me,but not for thee.(A very popular sentiment.)

[grey_whiskers]

Of possible interest.

[MissDairyGoodnessVT]

smells very funny......Peter needs to get his timelines right

[no-s]

It's one of the few legitimate Federal Gov responsibilities. They have not been doing it very well.

Nah, just asking for article, section, and paragraph of the Constitution where is stated "the federal government has control of the borders, and has the ability to regulate travel and what is imported or exported".

I'm fully aware of the the alleged victim's annoying qualities.

[xcamel]

Just damn.. He didn’t swear allegiance to “Creation Science” ??

[Jack Black]

Thanks. Excellent instrucutions for being a compliant little serf. So much for the “land of the free”. He was *leaving* by the way...

[rolling_stone]

US Customs has authority to conduct outbound searches, generally for weapons and money, they commonly question, first if you are leaving the country then if you are carrying weapons or more than $10,000 in negotiable instruments, if you are and do not declare it and they find it it will be seized. So if you get stopped be prepared to answer and be searched. Here they usually set up just past the last US exit before entering Mexico right on the freeway. Guns sell in Mexico for about 3 times US cost. No I don’t smuggle anything, I like my freedom,and I wouldn’t trust anyone in Mexico with arms.

It is a fairly common occurence on the southern border. I have seen and been questioned several times outbound. One of the authorities is the Arms Export Control Act.

http://www.gao.gov/new.items/d07265.pdf

http://www.cbp.gov/xp/cgov/newsroom/news_releases/august_2009/08242009_7.xml

[x]

His blog is No Moods, Ads or Cutesy F*cking Icons (Reloaded).

He sounds like what you'd expect from a Canadian SciFi writer, and that's not a compliment.

Scroll down and notice the picture of Canadian PM Stephen Harper with the crosswires of a gun site over his face.

[spodefly]

I travel internationally a lot and I dread crossing borders. The sad part I would almost rather cross any border than that of my own country.

I used to travel all over the world carrying road cases with computers and video gear. In 15 years of such travel I was never once singled our for scrutiny by border agents in any country EXCEPT the US. I got a 3 hour plus search and question session coming back to the US from Toronto where they seized a box of (non Cuban) cigars, and another hour plus search and question session coming back from Frankfurt. The only reason why Americans think our government isn't "as bad as other governments" is because they haven't been *&^%ed over by it yet.

[Titus-Maximus]

Let’s see the marks of the beating?

Let’s see the video tape - there are tons of cameras at these roadblocks.

We do not have all the facts.

I am dubious.

[verga]

I was thinking about it and you were absolutely right.

The moment he was told he was being inspected he should have jumped out of his car and demanded an explanation. If they did not give him an immediate answer he should further demand one. When they tell him to get back in his vehicle he should refuse and advance on an armed officer in a threatening manner.

Oh wait that is what got his dumb @$$ thrown in jail in the first place.

Seeing as we are not in either Nazi Germany or Socialist Russia your analogy is not just wrong it is inane. When a LEGITIMATE authority tells you to do something you comply.

Are you really arguing that the US does not have the authority to protect our borders?