Sentenced to 10 years, Marty Gottesfeld wrote about Bureau of Prisons corruption
medium.com
medium.com
"Today is the beginning of Marty's 4th week week on a hunger strike. His demands are so modest: non-toxic water and to appear over the phone for an emergency hearing."[1][2]
"Whistleblower Marty Gottesfeld, serving 10 YEARS in prison for exposing medical abductions by Boston Children's Hospital, placed in solitary confinement"[3]
[1] https://www.courtlistener.com/recap/gov.uscourts.nysd.505138...
[2] https://twitter.com/FreeMartyG/status/1211823172493942785
[3] https://www.mintpressnews.com/marty-gottesfeld-another-whist...
> The story drew the attention of Marty Gottesfeld, a computer-security expert. He was appalled at the treatment to which Justina and her family were being subjected and he decided to act. He initiated a denial of service attack against the Children’s Hospital computer system and against the Wayside Youth and Family Support Network, where Justina was later moved.
In olden times, advocating for more merciful prison terms was also not considered "right-wing". Is it really different now? I guess at least Gottesfeld hasn't been called "antisemitic" yet... he's no Jeremy Corbyn.
I'm neither making up nor projecting the fact that Justine Pelletier is a cause celebré among right-wingers.
Incidentally: I'm not casting aspersions (in this instance). Like I said downthread, nobody in this story (except Justina herself) comes out looking good. Justina's parents? Just awful. BCH? Not much better. Of course, nobody looks worse than Martin Gottesfeld.
OK, it's this sort of low-brow dismissal that causes me to actually dig through enough search engine BS to find the "reputable" take. [0] [1] So good job, I guess. I find in those two long articles nothing about the parents' behavior to be even suspect, let alone "awful", let alone worse than BCH. That is a totally unsupported garbage judgment, of the sort one might expect from a neurologist with 7 months of experience assigned to be the lead physician for a child diagnosed with chronic metabolic problems and acute intestinal distress. Oh, wait... that's what happened at BCH!
If the intention of the state of Massachusetts is to have fewer juvenile patients traveling from out of state for medical care, their policies are absolutely correct.
[0] https://www.bostonglobe.com/metro/2013/12/15/justina/vnwzbbN...
[1] https://www.bostonglobe.com/metro/2013/12/16/month-medical-o...
In the Boston Globe story alone, you have the Pelletiers doctor- and hospital- shopping both in Boston and in Connecticut, reported for abuse by their own doctors in Connecticut, yelling at the BCH doctors, being so disruptive during family visits they had to have their visitations curtailed, and, most memorably, threatening to sue the Connecticut facility BCH found to move Justina to, resulting in that facility being unable to accept Justina; in other words, rather than getting Justina back home, her parents prioritized winning some weird argument they felt they were having.
Like I said, BCH also doesn't look great in this story.
I'll stipulate that the family got more emotional than I would in the same situation. However, they didn't get any more emotional than one might expect. Their kid was dying, then they weren't allowed to see their dying kid. Emotional people can go to a mechanic and get their car fixed. They can go to the vet and get their dog fixed. They can go to an accountant and get their taxes done. What is so special about hospital physicians, that they should never have to deal with any emotion other than awestruck adoration? Answer: they're allowed to lock their customers in. The law might support it, but only in an ad hoc, "possession is 9/10" sense. They can tell the state "hey we've already kidnapped this kid and our lawyers are on the case" instead of "you should convince a judge to send armed police to kidnap this kid". That's why big hospitals with lots of lawyers do this sort of thing and smaller facilities don't.
Calling these parents "awful" is just consequence-free internet big talking, joined in this case with left-hand/right-hand they-both-have-good-points-who-can-say pretend moderation. Less of that, please.
A weird outcome I agree.
That all being said I think there just HAD to be a better way of going about helping the girl in the hospital. I don't get what a DOS on the hospital was suppose to accomplish.
However, this is a hospital, imagine if the DOS somehow would of contributed to a death.
He is serving federal, not state, prison time. “Parole out after a few” only applies to state prison.
There is no federal parole system, prisoners who get good behavior credits can reduce their sentence by 15% though. https://www.nolo.com/legal-encyclopedia/is-federal-parole-sy...
Makes sense that he's interested in a Federal prisoner who is being held incommunicado. Makes sense that we'd be interested in knowing about stuff like that. Mess with the wrong people, and ... justice is in the eyes of the beholders.
Another article on Gottesfeld, by a CIA whistleblower:
https://www.mintpressnews.com/marty-gottesfeld-another-whist...
It seems clear to me that Brown was certainly criminally culpable, but also that his sentence was outlandish and unjust.
It's less clear to me that what happened to Gottesfeld was wrong. For one thing: Gottesfeld doesn't appear to be any sort of "whistleblower". His information about the Justina Pelletier case came from the right-wing media, where the case had gone viral. Moreover, his response to that information was to organize DDOS attacks that shut down the electronic pharmacy at Boston Children's Hospital; they literally had to go back to paper prescriptions and faxes during the attack. He had originally targeted a fundraising website BCH was running, but quickly realized that he was attacking the infrastructure of the hospital itself, which he then bragged about taking down.
After being caught, he attempted to flee to Cuba, but stranded himself just off the Cuban coast and had to be rescued by a Disney Cruise ship, which took him back to the US.
The final thing I want to point out is that Barrett Brown is a person who appears to have believed that Stratfor was a powerful mercenary intelligence outfit, and not a grifting zine for aspirational Tom Clancy types with desk jobs. Stratfor was a figure of fun in the real intelligence community, and had none of the malign influence Barrett attributed to them; if anything, by helping arrange their hack, he helped the real IC. Certainly nothing Stratfor did justified dumping the credit cards of people who had subscribed. But, more importantly: take whatever Brown says with an appropriate tonnage of salt.
Agreed on Brown's sentence. The DDOS attack was a dumb stunt. But that doesn't explain Gottesfeld's current (gagged) situation. Both remind me of Aaron Schwarz, another example of the punishment not fitting the crime. But he was not a journalist; that part is more concerning.
Patient dieing on the bed and need to access their MRI scan from another hospital? Nope.
Marty was (and I'm sure still is) incredibly arrogant. As the FBI got closer and closer to catching him, he would continually make up different stories about how "Anonymous" was doing all of this, etc. etc. After confronting him with irrefutable evidence, he made claims about large botnets he controlled, and other various crimes. His goal immediately shifted from completely innocent to criminal mastermind (again, huge arrogance)
After being caught (which he was 100% certain would never happen), he attempted to flee the country by boat with his wife, almost died, and was picked up by a cruise ship.
He is not a physically abusive guy, but something is not mentally 100% with him. He had an ok IT consultant career before all of this, but he very much assumed he was smarter than everyone else.
Edit: Also not surprised about his outrageous claims of secret prisons, toxic water, etc. This is just what the guy does, bullshits and makes stuff up. He probably actually believes what he is saying (again, mentally off).
I was tangentially involved in his case, most of what I wrote is based on first and second hand knowledge. I have also personally met him a few times.
I think you read something into my comment that isn't there.
edit: And I'm not even sure I could categorically state that DoSing a fundraiser of a hospital engaging in (at least from what I've read in the articles) medical kidnapping, using wards of state as guinea pigs, etc. is morally wrong. Another reason for my request for differing opinions.
> Does that preclude the need of arguments in favor of them to excuse them of their treatment of Justina Pelletier?
The two things aren't related. The parents challenged the hospital in court and won. I think there's clearly an issue here (the hospital seems to have gone too far), but we Americans -- barbaric though we may be -- have means of settling disagreements without DoSing hospitals.
Yes. I agree. This is why I asked for arguments in favor of the other side. So far I've read nothing but articles supporting Justina (and her parents) and Marty and their versions of the story. Then I asked for other viewpoints. And instead you tell me I shouldn't believe everything when I literally said "At face value" and that it seems over the top.
And if he indeed only disrupted a fundraising event rather than the hospital operation it could be a serious miscarriage of justice (with complicity from the news outlets who described it as such if this was amenable to fact checking), but this should be argued by lawyers familiar with the case because PR-wise he has very little going for him.
People in this state very much take for granted that the administrative portion of government is competent and knows what it's doing. Government here is generally competent but there are many pockets of incompetent political appointees and totally under-resourced teams and there's no way of telling which is which from the outside. People also take as fact the word of big important prestigious organizations that are experts in what they do (and with good reason, they are usually right). BCH and similar may be experts as a whole and government may be competent in general but these institutions are made up of people and people aren't perfect and they get things wrong sometimes. Someone at BCH clearly made the wrong call. That wrong call got plopped on the desk of some overworked bureaucrat who takes it at face value because they're overworked and they're experts so why not trust them, they made the wrong call. So then the next person at BCH sees in this girl's file that she came in for X, got referred to the state, the state took her from her parents and that influences how they treat her going forward. This goes on and you get a heck of a feedback loop because everyone is just content to assume that the state and the experts know best and the parents are just whining about it. Nobody is in a position to evaluate the big picture and even if they do how do you stop the loop and say "hey wait, this looks wrong". I could fill a novel with all the sob stories like this that I know though most of them relate to drug addicts and the elderly so they wouldn't tug a heartstrings nearly as much as this story does. The culture of the state simply does not equip people in "the system" (both the government and private institutions like BCH) to doubt or re-evaluate the prior results of the system and the conditions of the state bureaucracy are not sufficient for the bureaucrats to reliably make the right calls the first (and often only) time around. It's sad but it is what it is. This is a complex problem that many societies grapple with and not the kind of thing any individual can change on their own.
Regarding Martin Gottesfeld, I am not informed enough to comment.
As to Marty Gottesfeld, Brown has little to say, other than that he's been transferred to a different federal prison and that his wife has trouble staying in communication with him. Brown has much more to say about his own treatment than that of Gottesfeld.
Gottesfeld, if you're unfamiliar, is serving 10 years for launching a botnet DDOS attack against Boston Children's Hospital.
Sometime around 2013, (mostly) right-wing media took up the cause of Justina Pelletier, a teenager who had been referred by her physician to BCH and, after being admitted, had been taken into BCH's custody after a court determined that her parents had been harming her and impeding her care. Her parents didn't regain custody for over a year. The case is complicated, and nobody in it looks good.
Gottesfeld, a self-declared "anon", decided to declare "OpJustina", appealing for people to attack the facilities that had been involved in Pelletier's care. He recruited a 40,000 node router botnet which managed to take BCH off the Internet for several days. In the process, he shut down their central prescription service, their physician scheduling system, and all email between doctors, as well as the fundraising page that had been his declared target. He also managed to disrupt systems at several other facilities, including Dana Farber and Harvard Medical, which were hosted on a related network.
The FBI very quickly tracked Gottesfeld down because one of the accounts he had used to cheerlead the attack was registered under his name. They obtained a search warrant and found computers with incriminating evidence. Gottesfeld retained Tor Ekelund, the well known CFAA lawyer, and met with the DOJ to discuss a plea, during which he admitted to the attacks.
He then fled to Cuba in an unmarked 23 foot open-cabin motorboat, with his wife, passports, cash, and computers. His boat lost propulsion off the Cuban coast and, unfortunately for him, he was rescued not by the Cuban Coast Guard but by a Disney Cruise Ship, which returned him to Florida, where he was promptly arrested.
At his detention hearing, the US Attorney stated for the record that the guideline range they had been contemplating at the time of Gottesfeld's meeting was 3-4 years, and that there was some substantial possibility that, had he plead out before an indictment, he might avoid prison time altogether (at that stage of the investigation it may have been unclear how much damage Gottesfeld had actually caused). Instead, Gottesfeld fired and repudiated Tor Ekelund, and another lawyer, took his case to court, lost, refused to take responsibility after his conviction, offered a post-conviction memorandum stating that he was morally required to DDOS BCH and that he'd likely do it again, and managed to secure for himself a 10 year sentence.
I guess my point is just, don't be this clown.
Do you have a link for the court decision? It's not clear how much proof did the hospital provide, and I guess the initial decision was a cautionary measure (because for the judge is safer to do something wrong than doing nothing and facing a tweetstorm in case there is a problem).
> I guess my point is just, don't be this clown.
I agree with that.
It's undisputed, including by Gottesfeld, that these systems were taken down as a direct result of his attacks. The only point of contention I've found (this is in the sentencing memorandum back-and-forth) is that Gottesfeld believes damage from systems shut down (or kept down) after his intrusion shouldn't be imputed to him. He concedes some measure of culpability for the systems BCH shut down.
Let's try to find and read them. My guess is that this story will be reposted in a few day, and perhaps we can discuss the backstory part of this with more data.
Note: Perhaps I was not clear, but I agree with most of your initial comment. I just specially agree with your last sentence.
I would take everything Mr. Gottesfeld communicates with a grain of salt.
I feel this man doesn’t understand what he’s asking for. And should the revolution happen, he will be shocked to find himself in an interrogation room, screaming that they should be torturing and executing the real bad guys, not upstanding revolutionaries like himself.
https://www.thedailybeast.com/julian-assange-went-after-a-fo...
The rule of law is not a tool of oppression; it's a check on the people with power and guns.
The revolutionaries do not have the power. So throwing away the legal system is far, far more likely to just lead to an unchecked re-entrenchment of whoever is in charge, not a new system.
If things are truly, truly catastrophic, maybe that's a risk you're willing to take. But since the average American is not, in fact, dying in the streets, most really want to continue living their lives in relative prosperity and relative freedom.
We all have to work to eat, but nothing says people legally have to do a good job in most positions -- and it's easy to get away with if you can talk a good game. The idea is that because the rules aren't enforced against the people at the top, why should the people at the bottom help enforce them against their peers? If the police are a tool of the oppressive state, why would you help them in any way? If you're systemically oppressed, why would you not be dishonest and game the system in every way you could?
Corporate leaders are generally on negotiated contracts that protect them in the event of genuine incompetence (the "golden parachute"), which reduces the motivation for political incompetence. Regular workers and middle management rarely get that luxury.
Fixing this requires having an honest discussion about how we distribute wealth between workers and owners. But it's not surprising the people who currently take the lion's share are actively preventing that conversation from happening.
None of this is particularly radical, and it's basically what Bernie Sanders is running on. His positions are solidly center-right by European standards, so it's not like he's proposing some radical thought experiment.
By the way, I don’t believe such an action is the right way to make change, I just think that it’s a very privileged position to take that most people have something to lose by the demolition of our current institutions.