Comments on: Turning Everyone into Criminals

By: Delia

Delia — Mon, 26 May 2008 03:20:05 +0000

I’m not out to convince anybody, Seth, but I may post a comment if they are not making it a hassle to do it (make you register and the like) Thanks! D.

By: Seth Finkelstein

Seth Finkelstein — Mon, 26 May 2008 02:13:31 +0000

Delia, both of them take comments. Why not try to convince them of your reasoning?

Now, I’ve seen lawyers be wrong before (wow, have I ever …), so I’m not making a blind argument from authority. But several lawyers of differing ideological views agreeing on a point does deserve respect.

By: Delia

Delia — Mon, 26 May 2008 01:31:20 +0000

P.S. for Seth: I get the impression an alarmist first caught wind of this and then a whole lot of others just adopted that view without really looking into it. D.

By: Delia

Delia — Sun, 25 May 2008 23:20:34 +0000

Seth, I hope you don’t base your belief on this: “If both Orin Kerr and Dan Solove agree on a point of law, it’s a good bet it’s true…” — I just don’t find that they are right (when you look at the details and reasons they are giving). D.

By: Dan Gillmor

Dan Gillmor — Sun, 25 May 2008 21:21:44 +0000

Seth, exactly the point. They’re using the law to criminalize violations of ToS. Which is precisely the problem.

By: Delia

Delia — Sun, 25 May 2008 11:30:43 +0000

oops… missing a phrase… UNLESS *everybody* is *doing things like* intentionally inflicting emotional distress on others (possibly driving them to suicide) D.

By: Delia

Delia — Sun, 25 May 2008 03:05:16 +0000

re: Dan Solove: “if one “intentionally accesses a computer without authorization . . . , and thereby obtains . . . information from any protected computer if the conduct involved an interstate . . . communication” and “the offense was committed in furtherance of any . . . tortious act [*in this case intentional infliction of emotional distress*] in violation of the . . . laws . . . of any State.” [my emphasis]

–>that’s why this whole idea that *everybody* would be felon makes no sense… UNLESS *everybody* is intentionally inflicting emotional distress on others (possibly driving them to suicide) … pretty far fetched assumption as far as I’m concerned… D.

By: Delia

Delia — Sun, 25 May 2008 02:56:03 +0000

re: Orin: “You can imagine the basic idea, though: Since everyone who uses computers violates dozens of different TOS every day, the theory would make everyone who uses computers a felon.” –> nonsense… for the reasons I gave above — it’s NOT a stand-alone *punishable* offense…

By: Delia

Delia — Sun, 25 May 2008 02:45:31 +0000

hi, Seth! … thanks for the link… I’m taking a look at it… D.

By: Delia

Delia — Sun, 25 May 2008 02:44:07 +0000

errata: the *offense* in case (not the punishment in case) D.