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three felonies a day



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You Commit Three Felonies a Day
Laws have become too vague and the concept of intent has disappeared.

When we think about the pace of change in technology, it's usually to marvel at how computing power has become cheaper and faster or how many new digital ways we have to communicate. Unfortunately, this pace of change is increasingly clashing with some of the slower-moving parts of our culture.

Technology moves so quickly we can barely keep up, and our legal system moves so slowly it can't keep up with itself. By design, the law is built up over time by court decisions, statutes and regulations. Sometimes even criminal laws are left vague, to be defined case by case. Technology exacerbates the problem of laws so open and vague that they are hard to abide by, to the point that we have all become potential criminals.

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.

In 2001, a man named Bradford Councilman was charged in Massachusetts with violating the wiretap laws. He worked at a company that offered an online book-listing service and also acted as an Internet service provider to book dealers. As an ISP, the company routinely intercepted and copied emails as part of the process of shuttling them through the Web to recipients.

The federal wiretap laws, Mr. Silverglate writes, were "written before the dawn of the Internet, often amended, not always clear, and frequently lagging behind the whipcrack speed of technological change." Prosecutors chose to interpret the ISP role of momentarily copying messages as they made their way through the system as akin to impermissibly listening in on communications. The case went through several rounds of litigation, with no judge making the obvious point that this is how ISPs operate. After six years, a jury found Mr. Councilman not guilty.

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.

Mr. Silverglate, a liberal who wrote a previous book taking the conservative position against political correctness on campuses, is a persistent, principled critic of overbroad statutes. This is a common problem in securities laws, which Congress leaves intentionally vague, encouraging regulators and prosecutors to try people even when the law is unclear. He reminds us of the long prosecution of Silicon Valley investment banker Frank Quattrone, which after five years resulted in a reversal of his criminal conviction on vague charges of obstruction of justice.

These miscarriages are avoidable. Under the English common law we inherited, a crime requires intent. This protection is disappearing in the U.S. As Mr. Silverglate writes, "Since the New Deal era, Congress has delegated to various administrative agencies the task of writing the regulations," even as "Congress has demonstrated a growing dysfunction in crafting legislation that can in fact be understood." Prosecutors identify defendants to go after instead of finding a law that was broken and figuring out who did it. Expect more such prosecutions as Washington adds regulations.

Sometimes legislators know when they make false distinctions based on technology. An "anti-cyberbullying" proposal is making its way through Congress, prompted by the tragic case of a 13-year-old girl driven to suicide by the mother of a neighbor posing as a teenage boy and posting abusive messages on MySpace. The law would prohibit using the Internet to "coerce, intimidate, harass, or cause substantial emotional distress to a person." Imagine a law that tried to apply this control of speech to letters, editorials or lobbying.

Mr. Silverglate, who will testify against the bill later this week, tells me he figures that "being emotionally distressed is just part of living in a free society." New technologies like the Web, he concludes, "scare legislators because they don't understand them and want to control them, even as they become a normal part of life."

In a complex world of new technologies, there is more need than ever for clear rules of the road. Americans should expect that a crime requires bad intent and also that Congress and prosecutors will try to create clarity, not uncertainty. Our legal system has a lot of catching up to do to work smoothly with the rest of our lives.



-- Edited by admin on Sunday 8th of June 2014 09:27:11 PM

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online.wsj.com/news/articles/SB10001424052748704471504574438900830760842

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All are now in great need of such therapy. From experience, I understand and know it. However, its implementation is very difficult and requires real process knowledge and understanding. Therefore, only professionals should be referred to. If you know where to go, you can do it also online. Fortunately, my friends said to me that you can contact online counseling here for assistance. They have helped me escape a psychological crisis because of job loss. Now everybody can expect such a problem. Good psychological assistance is therefore just needed.

 


-- Edited by Larkin on Monday 22nd of March 2021 11:22:37 PM

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I like to follow the news of cricket. But, there is no time to search the Internet for the most interesting news. I found the site isport.in/cricket-news/ where good cricket news comes out regularly. Bookmarked and now always up to date with the latest events.

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또는 메이저 싸이트들을 보면 요즘 라이브 영상을 API로 연동을시켜 베팅도 하면서 해당 싸이트내에 무료로 라이브 스트리밍을 볼 수 있는 싸이트들이 늘어나는 추세 입니다.

이렇게 롤베팅을 한다면 조금 더 재밌게 즐길수 있는 방법이라고 생각합니다.스타베팅

 



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온라인홀덤은 1998년부터 시작되어 지속적으로 성장하여 2003년정도까지 급성장 하였으며, 2003년 온라인홀덤 텔레비전 광고 출연으로 2004년에 이르러서 관련된 수익또한 3배 까지 성장에 이르게 되었습니다. 홀덤사이트

 


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해외에서 큰 규모의 온라인포커룸과 대표적인 포커게임의 한 종류인 텍사스홀덤을 지원하는 홀덤 플랫폼이 많이 존재하며 성행중입니다.
하지만 한국에서의 포커 게임은 아직은 보수적인게 현실입니다. 홀덤사이트



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