Interesting People mailing list archives
1st Circuit rules on Councilman
From: "David Farber" <dave () farber net>
Date: Tue, 6 Sep 2005 15:01:58 -0400
-----Original Message----- From: "Dave Crocker"<dhc2 () dcrocker net> Sent: 06/09/05 1:03:21 PM To: "dave () farber net"<dave () farber net> Cc: "ip () v2 listbox com"<ip () v2 listbox com> Subject: Re: [IP] 1st Circuit rules on Councilman
It's remarkable, is it not, that the First Circuit en banc held that it's OK to convict someone criminally who is presumed to know what the law requires, ... This is just the latest example of a pernicious trend in federal criminal law - the ability and willingness of prosecutors to prosecute, harass, and persecute citizens and companies for violating utterly vague and/or overbroad federal criminal statutes and endless turgid regulations,
Dave. I, too, found the latest appelate court decision remarkable. I found it remarkable that the lower reviews had bought any of the artificial, lame arguments brought by Councilman. Are we to believe that it is the slightist bit reasonable for a provider of a general-purpose communication service to me to inspect the content of messages -- without my knowledge, of course -- and to use that content to competitive advantage? What is apparently often missed in this debate is that the lower courts were playing around with what the rest of us would call legal technicalities, rather than the meat of the offense. The latest decision put logic and legal games aside and focused on reasonable expectations and reasonable interpretations of the law -- and, by the way, the intentions of those who wrote those laws. The previous decisions worked in the detached vaccuum that can make the legal process pure but destructive. What is remarkable about the latest decision is that it stayed in the real world. d/ Dave Crocker Brandenburg InternetWorking +1.408.246.8253 dcrocker a t ... WE'VE MOVED to: www.bbiw.net ------------------------------------- You are subscribed as lists-ip () insecure org To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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- 1st Circuit rules on Councilman David Farber (Sep 06)
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