You commit three felonies a day
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You commit three felonies a day
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Re: You commit three felonies a day
#2So what are those three felonies?
Re: You commit three felonies a day
#3So what are those three felonies?
The first one is asking what the three felonies are. You see, when you were born your parents were sent a National Security Letter (NSL) by the government that stated you can never ask about the three felonies. Unfortunately, the NSL came with a gag order, so your parents never told you. But you definitely shouldn't ask what the three felonies are.
The second felony is owning a computer which can be used to circumvent content protection mechanisms. You can address this by purchasing a fixed-function device which cannot be used to circumvent content protection. I suggest an etch-a-sketch.
The third felony is
Re: You commit three felonies a day
#4So what are those three felonies?
Silverglate talks about a number of cases, some of which have been addressed either before the book was written or after, but the overall problem is still out there.
For example, see the honest services fraud charges against Jeff Skilling (of Enron fame), on the idea that anything dishonest any corporate executive might do would be depriving the corporation of honest services. Now the Supreme Court reversed Skilling's conviction on the grounds that this was just too vague and that honest services fraud was limited to kickback schemes and the like.
However consider many more:
Lori Drew was prosecuted for unauthorized access to computer servers for violating the terms of service of MySpace (iirc). The subsequent directed verdict of acquittal (after the jury convicted) however did not really eliminate the possibility of ToS violations turning into federal felonies. This was not covered in the book but it is worth noting.
Many of the examples in the books are profession-related. Silverglate goes into detail on the Hurwitz narcotics case where a doctor who operated in line with emerging best practices for chronic pain management was tried and convicted of drug trafficking on the grounds that he had statistical knowledge of the likelihood that at patients might resell the drugs on the street. Hurwitz's conviction was later vacated, but they tried him and convicted him again of a smaller set of charges.
He goes also into medical billing disputes (I have family members who have been on the losing side of these regarding the government and can attest that these are still significant issues).
Another case he does not cover is the Joe Naccio case (covered in the link).
Another case he does not cover was that of my mother's uncle, who they accused of purjury for claiming never to have been a Communist, when their evidence of his lying was that he was legally representing the Communist Party USA and others as a lawyer. They lost that case but came back one tax issue after another until they found something to stick.
There are cases after cases to those of us who follow these things. It is a systemic problem.
Keep in mind that under some of these theories of law, checking Hacker News from work when you should be working is a federal felony, and if not honest services fraud, certainly something they could try you with for wire fraud (it is financial in that you are billing your employer for your time!). Moreover if you check a site for non-work purposes which has a note in the ToS which says that unlawful use is prohibited, then you have committed felony computer trespass (because you "accessed" their servers in excess of authorization provided by the ToS in pursuit of criminal or tortuous ends).
TL;DR: What felonies you commit are unimportant. If they want to, they will find something.
Re: You commit three felonies a day
#5And the felony history never goes away now.
Just think, a child who gets their first smartphone today, will have their entire phone history recorded until death. Their geolocation saved. Their email saved. All their financial transactions. All their friends and family will be known. Every intercontact in society. Where they shop, eat, etc. Who they date.
I mean why would the NSA ever delete it? They can just get taxpayers to fund more and more storage.
I am also starting to wonder about the new requirement to digitize all medical records and how many contractors will have access to that as well and when all the databases will be allowed to intersect in the name of "security".
But I suspect the NSA doesn't know how many guns you own. That alone is somehow seen as a violation of your rights.
Re: You commit three felonies a day
#6By the way you can start to read the book here:
http://books.google.com/books?id=9Au2t9ZOtnAC&printsec=front...
Or find it in your local library:
http://www.worldcat.org/title/three-felonies-a-day-how-the-f...
Re: You commit three felonies a day
#7And the felony history never goes away now. Just think, a child who gets their first smartphone today, will have their entire phone history recorded until death. Their geolocation saved. Their email saved. All their financial transactions. All their friends and family will be known. Every intercontact in society. Where they shop, eat, etc. Who they date. I mean why would the NSA ever delete it? They can just get taxp…
I've become more bearish about the idea of electronic medical records. The ability for a bureaucracy to keep those safe seems far, far off in the future, no matter what technology advances come through.
And guns: well, if you're pro-gun-control, this mindset (justified or not) should help you understand why the NRA is so passionately against gun registration of any kind.
In terms of the NSA: I don't think they care much for your felony record -- that is, the ones you've actually been convicted for -- they're more concerned about pre-felonies, of course. For the average citizen, though, the persistence of criminal history is going to be felt in more everyday situations, such as job searches and landlord background checks.
If I ever have a child, he or she is going to have a name like "Pat Smith", regardless of my or the mother's last name.
Re: You commit three felonies a day
#8And the felony history never goes away now. Just think, a child who gets their first smartphone today, will have their entire phone history recorded until death. Their geolocation saved. Their email saved. All their financial transactions. All their friends and family will be known. Every intercontact in society. Where they shop, eat, etc. Who they date. I mean why would the NSA ever delete it? They can just get taxp…
I've become more bearish about the idea of electronic medical records. The ability for a bureaucracy to keep those safe seems far, far off in the future, no matter what technology advances come through. And guns: well, if you're pro-gun-control, this mindset (justified or not) should help you understand why the NRA is so passionately against gun registration of any kind. In terms of the NSA: I don't think they care m…
We should all today make a pact to name our children "Spartacus" with no last name.
Re: You commit three felonies a day
#9From Atlas Shrugged:
“Did you really think that we want those laws to be observed?” said Dr. Ferris. “We want them broken. [...] There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.”
Re: You commit three felonies a day
#10So what are those three felonies?
The first one is asking what the three felonies are. You see, when you were born your parents were sent a National Security Letter (NSL) by the government that stated you can never ask about the three felonies. Unfortunately, the NSL came with a gag order, so your parents never told you. But you definitely shouldn't ask what the three felonies are. The second felony is owning a computer which can be used to circumven…
"NO CARRIER"?