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quade

Legal Opinion on This Article

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Did the reporter bury the lead here or is he woefully and wrongfully extrapolating or just full of crap?

Second to the LAST paragraph;
Quote

Because intent is difficult to prove, the current interpretation of Section 802 could make it possible for the feds to charge citizens for deleting data at any point in time, were it to end up becoming potential evidence at a later date.



Source;
http://www.theverge.com/2015/6/6/8741275/browser-history-law-sarbanes-oxley
quade -
The World's Most Boring Skydiver

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The sentence you quoted is a non-sequitur.

Intent, in this case, is difficult to prove. Independently, it's possible to charge people with just about anything for any action they make.

The former doesn't allow the latter, it suggests the latter is unlikely.

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champu

The sentence you quoted is a non-sequitur.



I think it's very, uh, sequitur. ;)

What the author is implying (strongly), is that if you ever delete your browser history the Feds could charge you for obstruction of justice for pretty much any crime that happens in the US. All they'd have to do is say you were a co-conspirator and your deleting your browser history is proof. They don't have enough to charge you as a co-conspirator, but clearly you were obstructing justice.

At least, that's how the author's sentence reads to me.
quade -
The World's Most Boring Skydiver

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quade

***The sentence you quoted is a non-sequitur.



I think it's very, uh, sequitur. ;)

What the author is implying (strongly), is that if you ever delete your browser history the Feds could charge you for obstruction of justice for pretty much any crime that happens in the US. All they'd have to do is say you were a co-conspirator and your deleting your browser history is proof. They don't have enough to charge you as a co-conspirator, but clearly you were obstructing justice.

At least, that's how the author's sentence reads to me.


You know the whole data collection stuff that has been going on? a nice little trigger to say, "this is interesting" would be deleting a browser history. "What's that guy trying to hide?"

I can see how this would be used. Like if a person closes four transactions of $9k each and puts them all in the bank on consecutive days. That person could expect there to be seized money and a criminal investigation fpr skirting reporting requirements for $10k deposits.

It's juSt how it works. Delete your browser history and expect that someone will be asking why.


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lawrocket


You know the whole data collection stuff that has been going on? a nice little trigger to say, "this is interesting" would be deleting a browser history. "What's that guy trying to hide?"

It's juSt how it works. Delete your browser history and expect that someone will be asking why.



I'm no legal expert by any stretch, so I am really asking this for my enlightenment. But, isn't ^this^ like saying, "if you've done nothing wrong, what do you have to hide?" As in, "why should I get a search warrant? If you didn't do anything wrong, you wouldn't mind proving that by (taking this blood test/giving me your DNA/providing your fingerprints/letting me look inside your apartment)." What's the difference?
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lawrocket



It's juSt how it works. Delete your browser history and expect that someone will be asking why.



Mine is set up to erase automatically when exiting the browser.
...

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IMO, the headline is sensationalism. The bottom line is they can charge you if you delete you history "with intent to impede or stall a federal investigation." I have no problem with that. I'll continue to delete my history from time to time, and I'll sleep just fine.
There are battered women? I've been eating 'em plain all of these years...

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