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February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
Dec. 5, 2008
/ 8 Kislev 5769
Welcome to VirtualCrimes.gov
By
David Harsanyi
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http://www.JewishWorldReview.com |
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.
Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
Comment by clicking here.
David Harsanyi is a columnist at The Denver Post and the author of "Nanny State."
Previously:
11/26/08: Maybe it is a time for hope
11/21/08: Who wants to live forever?
11/19/08: She'd Be Perfect for the Job (Not!)
11/13/08: Baseball, apple pie and corporate welfare
11/12/08: Getting out of the Republican coma
11/06/08: Unity? No, Thank You
© 2008, Creators Syndicate
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