4 ms·

At what point does using a fake name turn into a felony? How about creating an email address using a pseudonym? Or does it have to involve money? If someone u

by klipt 3y ago

At what point does using a fake name turn into a felony? How about creating an email address using a pseudonym? Or does it have to involve money? If someone uses a fake name to order a sex toy delivered (out of embarrassment) is that wire fraud?

kstrauser 3y ago
I'm not a lawyer, but: it becomes a crime when you use it to commit fraud. If you fake a name to buy something embarrassing, then pay the other person as agreed, nothing illegal happened. My understanding is that using an alias to commit a fraud is an aggravating factor, like it means you went out of your way to deliberately hide your crime. It'd be awfully hard to convince a court that you made an honest mistake if you lied about your identity during the process.
anonymfus 3y ago
"Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both." So if you are doing things purely for anonymity it's OK, but if you are registering many email addresses to overcome email service's per account free storage limit, or if you order sex toy delivery for new identity to get a first buyer's discount multiple times, then as I understand that could be a wire fraud.
- hattmall 3y ago
  Sounds like using an Adblocker could technically constitute wire fraud. Especially if the service offers a paid version without ads.
  - anonymfus 3y ago
    I think no, as the clause says "transmits or causes to be transmitted", while ad blocking extensions block specific transmissions. But may be if you use such extension to block a disclaimer on paywalled website which obscures "read more" button, and press that button, causing website to transmit to you a paywalled content, that would be a wire fraud.
    - hattmall 3y ago
      Yeah, I guess the question would be if the ad blocker modifies anything that results in two way transmission.

by klipt 3y ago

kstrauser 3y ago

I'm not a lawyer, but: it becomes a crime when you use it to commit fraud. If you fake a name to buy something embarrassing, then pay the other person as agreed, nothing illegal happened. My understanding is that using an alias to commit a fraud is an aggravating factor, like it means you went out of your way to deliberately hide your crime. It'd be awfully hard to convince a court that you made an honest mistake if you lied about your identity during the process.

anonymfus 3y ago

"Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both." So if you are doing things purely for anonymity it's OK, but if you are registering many email addresses to overcome email service's per account free storage limit, or if you order sex toy delivery for new identity to get a first buyer's discount multiple times, then as I understand that could be a wire fraud.

hattmall 3y ago
Sounds like using an Adblocker could technically constitute wire fraud. Especially if the service offers a paid version without ads.
- anonymfus 3y ago
  I think no, as the clause says "transmits or causes to be transmitted", while ad blocking extensions block specific transmissions. But may be if you use such extension to block a disclaimer on paywalled website which obscures "read more" button, and press that button, causing website to transmit to you a paywalled content, that would be a wire fraud.
  - hattmall 3y ago
    Yeah, I guess the question would be if the ad blocker modifies anything that results in two way transmission.