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  • Which three felonies did you commit today?

    http://online.wsj.com/article/SB1000...s_opinion_main

    Boston civil-liberties lawyer Harvey Silverglate calls his new book "Three Felonies a Day," referring to the number of crimes he estimates the average American now unwittingly commits because of vague laws. New technology adds its own complexity, making innocent activity potentially criminal.

    Mr. Silverglate describes several cases in which prosecutors didn't understand or didn't want to understand technology. This problem is compounded by a trend that has accelerated since the 1980s for prosecutors to abandon the principle that there can't be a crime without criminal intent.
    If the cyberbullying bill passes, expect TG to have to shut down the Sandbox to keep us all out of Federal prison. Who can predict who will suffer "emotional distress" from another expressing an opinion?

    Link to the author's book on Amazon (gives TG referral credit): Order from Amazon.com
    Dude, seriously, WHAT handkerchief?

    snooggums' density principal: "The more dense a population, the more dense a population."

    Iliana: "You're a great friend but if we're ever chased by zombies I'm tripping you."

  • #2
    Re: Which three felonies did you commit today?

    Other misunderstandings of the Web criminalize the exercise of First Amendment rights. A Saudi student in Idaho was charged in 2003 with offering "material support" to terrorists. He had operated Web sites for a Muslim charity that focused on normal religious training, but was prosecuted on the theory that if a user followed enough links off his site, he would find violent, anti-American comments on other sites. The Internet is a series of links, so if there's liability for anything in an online chain, it would be hard to avoid prosecution.
    Baloney.
    Without teamwork, you'll never survive.
    Without betrayal you'll never win.

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    • #3
      Re: Which three felonies did you commit today?

      This has happened, and will continue to happen, in all societies based on law where change happens.

      So it is going to happen everywhere. Laws will always be behind the curve. That is the nature of law because law is a response to what humans do.

      I say we all just go feral. Then we don't have to deal with all this silly law and society stuff.
      Iím not racists, I have republican friends. Radio show host.
      - "The essence of tyranny is the denial of complexity". -Jacob Burkhardt
      - "A foolish consistency is the hobgoblin of little minds" - Emerson
      - "People should not be afraid of it's government, government should be afraid of it's People." - Line from V for Vendetta
      - If software were as unreliable as economic theory, there wouldn't be a plane made of anything other than paper that could get off the ground. Jim Fawcette
      - "Let me now state what seems to me the decisive objection to any conservatism which deserves to be called such. It is that by its very nature it cannot offer an alternative to the direction in which we are moving." -Friedrich Hayek
      - "Don't waist your time on me your already the voice inside my head." Blink 182 to my wife

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      • #4
        Re: Which three felonies did you commit today?

        Originally posted by Fruvous View Post
        Baloney.
        Prosecuted doesn't mean convicted, and there's a lot of erroneous prosecution. Web based cases are the most entertaining for how little is understood by the lawmakers and prosecutors.
        |TG-6th|Snooggums

        Just because everyone does something does not mean that it is right to do.

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        • #5
          Re: Which three felonies did you commit today?

          Originally posted by snooggums View Post
          Prosecuted doesn't mean convicted
          That's fine, unless you're a defendant. Then you have to pay to lawyer up, suffer incarceration pending trial, lose your job and your reputation, and possibly assets if the particular law allows seizure.

          As to this being cultural, the author notes that there's a trend to pass laws that don't require intent. So you can be busted even if you're by nature law-abiding.
          Dude, seriously, WHAT handkerchief?

          snooggums' density principal: "The more dense a population, the more dense a population."

          Iliana: "You're a great friend but if we're ever chased by zombies I'm tripping you."

          Comment


          • #6
            Re: Which three felonies did you commit today?

            Originally posted by ScratchMonkey View Post
            As to this being cultural, the author notes that there's a trend to pass laws that don't require intent. So you can be busted even if you're by nature law-abiding.
            Chinese laws, at least in an earlier time, didn't give intent much consideration. A dock worker that accidentally killed a person by accidentally dropping cargo on a fellow worker was just as wrong as a person that knifed another for looking at them wrong.

            Culture is becoming less an influence. Or the culture is becoming more a global thing.

            I have often wondered what happens when we are truly global. Exposure to other cultures with different ideas is used to temper and change local ideas. Other cultures provide contrast to judge local cultures and their laws.

            What happens when that contrast disappears?
            Last edited by El_Gringo_Grande; 09-29-2009, 10:57 PM.
            Iím not racists, I have republican friends. Radio show host.
            - "The essence of tyranny is the denial of complexity". -Jacob Burkhardt
            - "A foolish consistency is the hobgoblin of little minds" - Emerson
            - "People should not be afraid of it's government, government should be afraid of it's People." - Line from V for Vendetta
            - If software were as unreliable as economic theory, there wouldn't be a plane made of anything other than paper that could get off the ground. Jim Fawcette
            - "Let me now state what seems to me the decisive objection to any conservatism which deserves to be called such. It is that by its very nature it cannot offer an alternative to the direction in which we are moving." -Friedrich Hayek
            - "Don't waist your time on me your already the voice inside my head." Blink 182 to my wife

            Comment


            • #7
              Re: Which three felonies did you commit today?

              Originally posted by El_Gringo_Grande View Post
              Chinese laws, at least in an earlier time, didn't give intent much consideration. A dock worker that accidentally killed a person by accidentally dropping cargo on a fellow worker was just as wrong as a person that knifed another for looking at them wrong.
              Did such laws seek to punish, or to seek restitution? I can see the latter being appropriate where there's lack of intent, but not retribution.

              I believe in the US this is handled through separation of civil and criminal courts. Presumably a felony should be something that is criminal and hence committed with intent to harm another. So the problem here is that civil matters are being migrated into the criminal domain.
              Dude, seriously, WHAT handkerchief?

              snooggums' density principal: "The more dense a population, the more dense a population."

              Iliana: "You're a great friend but if we're ever chased by zombies I'm tripping you."

              Comment


              • #8
                Re: Which three felonies did you commit today?

                Well good thing I am not Roman Polanski, because lets see what he has racked up today:

                Leaving the country upon pleading guilty to rape : Check, Still hasn't come back yet

                Guilty of raping a minor: Check

                Hiding from the law/refusing to turn self in for crime: Check.

                Well, that's three for Roman.
                Randy = Ace ! - Warlab
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                • #9
                  Re: Which three felonies did you commit today?

                  I don't think there's any real danger though.
                  The only thing that will be needed to add to protect users and sites is a notification that you're leaving the site.

                  While extremely annoying, I guess lawyers win again at making the world a slightly more miserable place.
                  Without teamwork, you'll never survive.
                  Without betrayal you'll never win.

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