Mike Masnick on Techdirt is hung up on the fact that police are saying Star Simpson was wearing a “hoax device”. Actually, they aren’t just saying it, they are apparently charging her with it. You see, in Massachusetts the term “hoax device” has a legal definition:

(b) For the purposes of this section, the term “hoax device” shall mean any device that would cause a person reasonably to believe that such device is an infernal machine. For the purposes of this section, the term “infernal machine” shall mean any device for endangering life or doing unusual damage to property, or both, by fire or explosion, whether or not contrived to ignite or explode automatically. For the purposes of this section, the words “hoax substance” shall mean any substance that would cause a person reasonably to believe that such substance is a harmful chemical or biological agent, a poison, a harmful radioactive substance or any other substance for causing serious bodily injury, endangering life or doing unusual damage to property, or both.

I found the above definition in just a few minutes using Google, and it explains very clearly why the police are using the wording they are. Miss Simpson is probably technically guilty of wearing a “hoax device” under Massachusetts law (bearing in mind, I’m not a lawyer).

I don’t believe she was intentionally wearing a hoax device. In fact, I believe her story — it looks like many of the projects featured on Instructables or Make magazine, and Star is definitely a hobbyist. However, a “reasonable person” who isn’t a geek might indeed think such a device, worn in an airport of all places, might be some sort of bomb. To blame the cops for doing their jobs is just lame.

Having said all that, I do think the media could do a better job of understanding and explaining that Miss Simpson’s intent was probably not malicious. And I hope that the authorities will take her lack of bad intent into account and let her off with a stern warning to be more careful. And if they don’t, I would be happy to contribute to a legal defense fund for Miss Simpson, if one is set up at some point.