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Friday, December 05, 2008
David Harsanyi :: Townhall.com Columnist
Welcome to VirtualCrimes.gov
by David Harsanyi
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If rumor-mongering, poor taste, gratuitous jerkiness and adolescent skulduggery on the Internet are now considered federal crimes, well, you can imagine, there won't be much of an Internet left.

And if we allow government officials to charge citizens with criminal behavior over their online interactions and conversations, we have permitted a frightening precedent.

Yet a couple of recent incidents illustrate a disturbing trend among prosecutors to abuse this power -- whether by contorting law or satisfying the blood lust of juries.

Take the case of a Colorado man named J.P. Weichel. He decided to post a fuming diatribe about his former girlfriend on Craigslist's "rants & raves" section after a skirmish over visitation rights. Weichel supposedly offered some malicious observations regarding his ex's alleged sexual promiscuity, alleged welfare checks and well, you get the picture. Weichel claims he was only "venting."

After the woman reported the post to the police, local prosecutors dredged up a 19th-century law and charged him with criminal libel -- rather than allowing the defamed to sue in civil court.

The creaky statute they unearthed allows prosecution of individuals who "blacken the memory of one who is dead" or "expose the natural defects of one who is alive, and thereby expose him to public hatred, contempt or ridicule."

Those found guilty of criminal libel will be punished by being "packed into a small wooden box and spiked with jagged nails on all sides so that the accused cannot lean in any direction without being pierced to death."

OK, the last part isn't true, though the punishment is about as antiquated as the law. Weichel, if found guilty, could serve a sentence of 18 months in prison -- for something he said.

I'm not a lawyer, but the sweeping meaning of "natural defects" or "blacken the memory" appear to be so broad that officials effortlessly could prosecute a few million bloggers in relatively short order.

We have civil libel for a reason. We can work our problems utilizing one of the countless, exceptionally eager lawyers among us. This government intervention in libel is unnecessary -- and could spiral into a crush of prosecutorial abuse. Worse, such cases can make us all suspected criminals.

Take the case of that harebrained nitwit Lori Drew. She is the central figure in a now-infamous MySpace hoax case. After her daughter was spurned by some kids, Drew helped to create a fictitious boy online to win the heart of one of the offending girls and then sent missives calling the girl "fat" and a "slut." Someone, maybe not Drew, eventually sent the girl a message stating, "The world would be a better place without you." The distraught girl hanged herself.

This tragic tale proves that Drew is heartless and irresponsible. Yet are we prepared to charge government with the task of probing posts and e-mails with hurtful phrases?

In fact, the inconvenience for prosecutors in Drew's home state of Missouri was that she didn't actually break any laws. No worries. A crusading U.S. attorney, Thomas O'Brien, in Los Angeles -- the home base of MySpace -- came through with a nonsensical charge that allowed the jury to charge Drew.

No, Drew wasn't convicted of driving the girl to suicide or using her measly judgment in a criminal manner. In the end, they got Drew for violating the Computer Fraud and Abuse Act. Drew, prosecutors claimed, broke this law when she violated the terms of MySpace's service agreement.

I'm unsure whether I ever have read a "terms of use" Web site agreement in my entire life. (I hope not.) It's possible that I break rules each day of my virtual existence. If that's the case, Web sites easily can rescind my membership.

Now, because of the selective outrage of a preening official in California, I can be charged with a federal crime. And I bet I'm not alone.

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About The Author
...
So, are you suggesting that if one merely clicks "I agree" and doesn't read service agreements then they should not apply? Hey, how was I suppose to know what the rules are if I'm not physically forced to sit down and learn them? Right?

Plus, they're not "virtual crimes". They're crimes committed electronically. a "virtual crime" would be like car jacking in the game Grand Theft Auto.

...
I think it is clear he is saying that if you click "I agree" and don't follow the rules the web site should kick you out, but that it should not be a federal crime. there is a difference.

CA
No they aren't crimes at all. Look the woman has a screw loose to go out and create a fake online persona and then use it to get another nutcase to fall for her (pretending to be a guy)and then telling her she hates her and then the other nutcase kills herself, but that isn't a crime. If I tell you to go kill yourself (and she didn't even go that far) and you do, well, not my fault you are a nut now is it?

This conviction will not stand. She was convicted using an anti-hacking law used to prosecute people who broke into computers to steal or destroy information, not someone that logs in on Myspace and creates a fake persona to taunt her daughter's enemies.

This just proves what I have long known. American juries are filled up by idiots, people too stupid to get out of jury duty. And the few smart ones that are left, get culled by challenges from both the prosecutor and defense as one or both don't want any one that has an IQ above a banana slug.

This should if anything been a civil tort--intentional infliction of emotional pain, wrongful death (I'd not buy that either, the stupid girl hanged herself), etc. Not criminal. Not everything is a criminal violation.

Mindless, amoral prosecutors, idiotic judges and brain-dead juries--perfect storm for miscarriages of justice. In this case all should be shot or sent to live on an Antartic island someplace.

And Thomas O'Brien, you mindless twit. Have a problem that I said you should be shot or sent to Antarctica. Then come and prosecute me. I double dog dare you.





Prosecutors are, after all....
...lawyers, and lawyers, like other parasites, will always find a new way to feed upon others.

One last thing
Luckily Thomas O'Brien will probably be unemployed in a few weeks. New administration typically terminates the services of all US Attorneys. I offer my wishes that his unemployment be a long one.

RW
You are so right.

From Shakespere, Henry VI, Part II, Act IV.

Dick: The first thing we do, let's kill all the lawyers.

What do you call 100 lawyers chained at the bottom of the sea? A good start. Let's start with Thomas O'Brien.

The moronic Obama supporters

just handed to the entire federal government over to lawyers!!!

Terms of use
I understand your point, but if you subscribe to a website and choose to post public comments, pictures, profiles, and other information, you would be very foolish to do so without reading the Terms of Use beforehand. It is a contract, and you do click the little box that say's you've read it. Would you take a manuscript to a publisher and sign a contract without reading it first? Would you enter a loan agreement without reading the terms?

It's time to take responsibility for your own actions, as we love to say, and not sign anything - even digitally - unless you understand what you're getting yourself into. As you can see in the Drew case, the terms are legally binding, so it would definitely behoove you to understand that to which you are binding yourself. Doing less is just laziness and foolish irresponsibility.

Whoa!!! Excellent!!!
"expose the natural defects of one who is alive, and thereby expose him to public hatred, contempt or ridicule."

So we can bring criminal charges against everyone who's ever used those "Chimpy" pictures or examples of his folksy mispro-nun-si-cations to ridicule Bush?!?!

Thank You Colorado Prosecutors!!!

- MuscleDaddy

Phanerosis (of the Spirit)
The terms are, but that doesn't mean scum sucking prosecutors like O'Brien can then use a law against hacking to prosecute people who violate the terms of a social networking site.

This conviction will never see the light of day. The 9th will overturn this conviction so fast it will make people's heads spin. I'd like to see O'Brien disbarred and sent to Antarctica (actually I'd like to see him chained to the bottom of the sea). If she violated the terms she can be banned from Myspace and she can be sued, but a criminal prosecution. The US has gone right down the sh*thole. And Obama? This was one of Bush' boys. When Obama gets in O'Brien will be looking for another job and I hope it is a long long long wait.

Having said that
I agree that using federal anti-hacking laws to prosecute someone who allegedly drove another person to suicide is a far stretch and possibly even abuse of the statute.

However, what about the Abraham Biggs case? I strongly believe that crimes were committed in that situation by everyone who witnessed the deadly crime taking place and failed to report it to the proper authorities. If one sees a crime taking place, even if it's via the internet, it is their responsibility to report the matter.

Read my article on this case:
http://brianw.blogtownhall.com/2008/11/21/web_viewers_watch _and_debate_as_fl_teen_commits_suicide_on_webcam.thtml

Suicide
Is anyone obligated to save someone from killing themselves? I think not. One thing to help them (Dr. Death and his suicide machine, etc). But to log on to a website and watch him do it? Where is the crime there? I am under no obligation to report such to anyone. Free speech also means the freedom not to speak.

You may argue there are moral obligations, but a legal obligation? No.

Akagi - Sadly enough...
--
...O'Brien almost certainly has a lucrative job lined up as a defense attorney.

Ex-prosecutors are sought avidly by such law firms, not necessarily for their expertise (dubious at best) but for their "connections" in the judicial system.





=====
"Judge — A law student who marks his own examination-papers.

"Jury — A group of twelve men who, having lied to the judge about their hearing, health and business engagements, have failed to fool him.

"Lawyer — One who protects us against robbers by taking away the temptation."

-- H.L. Mencken

Good and bad
I agree that criminal prosecution for comments that DO NOT contain threats or encourage others into doing harm to another or their property should be left for civil courts to handle.

Prosecution of cases such as Lori Drew, where her deceptive and fraudulent actions contributed to the harm (even if self inflicted) should be prosecuted.. Other crimes that hurt or rob others over the Internet, such as harassment, credit card number theft, and identity theft to name a few should be criminally prosecuted.

The police don't have to troll and sift through millions of sites to find crimes. Just as in the real world they don't park in front of every home watching for burglars or domestic crimes, all they need to do is take a report when one is made and maybe had detectives trained to handle cyber crimes, just as they have detectives who specialize in homicide.

Is the prosecutor in CO wrong in the way they handled the "craigslist" rant and rave post, yeah, as long as the post didn't contain a threat or incite other to commit a crime then it is a civil case.

The old laws everywhere that are used like this need removed by legislature, I know of many old laws in Kansas that are just as bad and could be twisted to make a criminal out of someone who isn't one.

I disagree completely...
Anonymity does not grant people freedom from THE LAW.

Is someone is libeled via Internet rumors & gossip, and the source of the offensive material is discovered, then I think the laws already on the books would certainly apply.

Whether you commit libel against someone in a newspaper column or on a chatboard, it is still something that damages a person's reputation and (possibly) livelihood.

If they can show damages, then Internet anonymity should be exposed. The Internet needs some transparency too, because far too many of us think that the right to free speech grants us the right to say anything...

...even if it's IRRESPONSIBLE.

Blame Liberals

You get these kind of prosecutions with Liberals. With Liberals, it doesn't matter what the law says, it only matter what you want the law to say.

Patriots unite ... there is ...
still time to sign the WND petition to compel Obama to verify that he IS a Natural Born Citizen... just go to this link and sign...

http://www.wnd.com/index.php?fa=PAGE.view&pageId=81550

Prop 8
With this law why don't they procute those who have theathen and called for the death of those individuals who supported Prop 8, or are they just picking and choosing the ones that they want to make them look like they are watching out the the little people (not directed at any one type of individuals).

There are a number of individuals who have had their livilyhood ripped from them because the the hate that has been sent via blogs/chatrooms, and all of them have been in Cailf.

As a former prosecutor -
I can vouch that there is MUCH abuse. The War against Drugs gave prosecutors major tools to violate folks' rights. Now the chickens are coming home to roost in other areas. Libertarianism is the only way. Facism is around the corner, and it will be painted with a HAPPY FACE.

Ted and others
Libel is not criminal now is it? It is a civil tort. If anything, you'd have a case of intentional infliction of emotional distress, not prosecution using an anti-hacking law. This is prosecution misconduct and I think O'Brien should be disbarred if not tried for criminal misconduct.


Christopher Parisho:

Prosecuted on what grounds? What criminal offense did she engage in? Making up a fake persona and attacking someone? Well, 90% of TH members are in grave danger then. If anything she was guilty of a civil tort and the family of the dead nutcase can file suit and I suppose Myspace could too for violating their TOS.

Ken:

O'Brien was appointed by George Bush.

USPatriot:

This has to do with Obama's citizenship in what way exactly?

Loss of Freedom

The only worse than virtual crimes are thought crimes.

Ken
The only worse than virtual crimes are thought crimes.

Worthwhile to remember.

There is great evil afoot today. The trap is about to be sprung and most people really don't care. You cant have an America without Americans.

SHOCKING
It is a surprising that a governor with responsibility to his state would compromise his position for an illegal scheme. Selling the former senate seat of the president elect is disgraceful. I am sure Obama will never speak to him again.
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