Lori Drew "Cyber-Stalker" Case Tossed

[Eddie Teach]

Well not being a Cali-called lawyer I can not state this with 100% certainty, but I am 99.999% sure you are wrong.

Seriously? We can be charged with breaking California law sitting at home? That's bullshit if true.

[HVC]

Well not being a Cali-called lawyer I can not state this with 100% certainty, but I am 99.999% sure you are wrong.

Seriously? We can be charged with breaking California law sitting at home? That's bullshit if true.

I guess if the server is in cali land then the law was technically broken in california. that's the only example i can think of

[Barrister]

Well not being a Cali-called lawyer I can not state this with 100% certainty, but I am 99.999% sure you are wrong.

Seriously? We can be charged with breaking California law sitting at home? That's bullshit if true.

Think about it.  If you hack into a Cali-based computer and steal money, you have committed a crime in California.  Also in your home jurisdiction.  You can be charged in either place.

[Eddie Teach]

Think about it.  If you hack into a Cali-based computer and steal money, you have committed a crime in California.  Also in your home jurisdiction.  You can be charged in either place.

Being true doesn't make it less ridiculous.

[ulmont]

Well not being a Cali-called lawyer I can not state this with 100% certainty, but I am 99.999% sure you are wrong.

Seriously? We can be charged with breaking California law sitting at home? That's bullshit if true.

I guess if the server is in cali land then the law was technically broken in california. that's the only example i can think of

That was the reason for this prosecution in California, yes; the myspace servers were unauthorizedly accessed (according to the government theory of the case) in California.

[MadImmortalMan]

YEAH! So you guys better stop telling me to go shoot myself.

Jaron, go be careless with your physical safety.





...Not quite the same ring to it. 

[Barrister]

Think about it.  If you hack into a Cali-based computer and steal money, you have committed a crime in California.  Also in your home jurisdiction.  You can be charged in either place.

Being true doesn't make it less ridiculous.

Why?

There's lots of examples where the criminal is physically located in one jurisdiction, and the victim is in the other.  Imagine sending a mail bomb.  The victim is in one spot, the criminal in the other.  Why should the criminal only be prosecuted in the place most convenient for him?

This is not a new principle at all.  It's just with the internet it's much easier to cross jurisdictions than ever before.

[Eddie Teach]

Why?

People who aren't living in or visiting California shouldn't be expected to know California law. The internet should be purely federal jurisdiction.

[Jaron]

So if the age of consent is 14 in Arkansas and 18 in CA, should FB be able to go online and have hot cybers with 15 year olds in California ??? Is that what you're advocating?

[Barrister]

Why?

People who aren't living in or visiting California shouldn't be expected to know California law. The internet should be purely federal jurisdiction.

That would be a massive expansion of federal jurisdiction.

The same principle also holds true in dealing with international jurisdictions.  If you commit a crime in Canada via the internet you can be charged in Canada, even if you've never stepp foot outside of your parents basement.

[ulmont]

People who aren't living in or visiting California shouldn't be expected to know California law. The internet should be purely federal jurisdiction.

That would be a massive expansion of federal jurisdiction.

Not really.  The Lori Drew trial was in fact federal based on the interstate nature of the Internet, and Congress could preempt any state regulation (including relevant criminal proceedings) of the Internet if it so desired.

[Eddie Teach]

The same principle also holds true in dealing with international jurisdictions.  If you commit a crime in Canada via the internet you can be charged in Canada, even if you've never stepp foot outside of your parents basement.

Classy. 

[Caliga]

Yeah, this happened with that hacker dude that stole credit card info from companies like TJ Maxx and Heartland Payment Systems.  He committed the crimes from his home in Florida but was charged in Massachusetts for the former and New Jersey for the latter.

[DontSayBanana]

Think about it.  If you hack into a Cali-based computer and steal money, you have committed a crime in California.  Also in your home jurisdiction.  You can be charged in either place.

Interstate crimes are under federal jurisdiction. IIRC, federal judges can choose to hear state offenses in interstate cases, but are under no legal obligation to do so; in practice, the plaintiff's state of origin, defendant's state, and the federal judge have to come to agreement on charges in interstate crimes, when it comes to state felony charges.