3 ms·

If that happened, it would be classed as assault in the UK - is it the same in America? And, if so, is Gates likely to be investigated by the police?

jMyles 9mo ago
With a bunch of specific exceptions, violence is handled by the states, so it depends on the state in which it occurred. My best guess is that it's some kind of criminal offense in all 50.
- anigbrowl 9mo ago
  Isn't use of the internet to facilitate crimes commonly cited as a reason for federal prosecution, on the grounds that all internet communications involve interstate commerce?
  - mulmen 9mo ago
    That would be strange because not all Internet communications involve interstate commerce.
    - thayne 9mo ago
      Just because it is strange doesn't mean it isn't true
      - mulmen 9mo ago
        I agree, which is why I said it’s strange instead of saying it isn’t true.
    - anigbrowl 9mo ago
      They absolutely do, because packets regularly bounce across state boundaries even if I am just sending a message to my next door neighbor. For example, my phone service provider is headquartered in a different state, so using their network to send an SMS message automatically creates an interstate nexus. If a US attorney wants to take over a case for reasons of professional or political advancement the argument is trivially easy to make.
      - mulmen 9mo ago
        Packets regularly crossing state lines doesn’t mean they always cross state lines.
        anigbrowl 9mo ago
        Good luck representing yourself in federal court.
        mulmen 9mo ago
        Weird take but ok. I understand the assumptions of the law don't always reflect reality. Why would I defend myself? You claim that packets always cross state lines because sometimes they cross state lines. That's not a logically consistent statement.
    - jMyles 9mo ago
      From the dissent in Gonzales v. Raich: > Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything – and the federal Government is no longer one of limited and enumerated powers.
    - throwjefferey 9mo ago
      Much like the SEC is the meta-regulator par excellence as humorously documented as 'everything is securities fraud' by Matt Levine, the Interstate Commerce clause is the hat from which all rabbits and powers of legislation of the Federal Government gets pulled from nowadays, for what does not touch upon interstate commerce in an economy such as ours?
  - mcherm 9mo ago
    No, not that I am aware of. I'm not an expert on the topic, but it is my understanding that the majority of prosecuted crimes involving the Internet in the US are prosecuted in State courts, not Federal.
    - anigbrowl 9mo ago
      I wouldn't call myself an expert on this topic, but I think you're severely missing the point: virtually any case involving use of the internet can be federalized under the interstate commerce doctrine. https://www.congress.gov/crs-product/R48764 https://www.congress.gov/crs-product/R48764
      - direwolf20 9mo ago
        Everything can be federwlized under the interstate commerce doctrine. There was a case where a farmer grew his own plants (wheat, I think) to feed himself and his animals, in contravention of federal quotas. It was ruled the federal government has authority because growing wheat affects the wheat market, even if the wheat is never sold and never leaves the state.
  - pfdietz 9mo ago
    Wire Fraud https://www.justice.gov/archives/jm/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud https://www.justice.gov/archives/jm/criminal-resource-manual...
SketchySeaBeast 9mo ago
> And, if so, is Gates likely to be investigated by the police? What a bizarre turn of events that would be if THIS was the thing that got investigated.
- throwjefferey 9mo ago
  It would be a bit like Al Capone and justice by unusual legal means.
nradov 9mo ago
Yes, that would be considered a criminal act in most or all US states. Depending on the exact facts of the case it could be prosecuted as fourth-degree assault (misdemeanor), or it could fall under other statutes covering food adulteration or delivery of prescription drugs. I am answering in general terms and have no knowledge of what happened with Gates. A police investigation seems unlikely because so much time has passed (possibly exceeding the statute of limitations) and it would be hard to find admissible evidence.
5o1ecist 9mo ago
[flagged]

jMyles 9mo ago

With a bunch of specific exceptions, violence is handled by the states, so it depends on the state in which it occurred. My best guess is that it's some kind of criminal offense in all 50.

anigbrowl 9mo ago
Isn't use of the internet to facilitate crimes commonly cited as a reason for federal prosecution, on the grounds that all internet communications involve interstate commerce?
- mulmen 9mo ago
  That would be strange because not all Internet communications involve interstate commerce.
  - thayne 9mo ago
    Just because it is strange doesn't mean it isn't true
    - mulmen 9mo ago
      I agree, which is why I said it’s strange instead of saying it isn’t true.
  - anigbrowl 9mo ago
    They absolutely do, because packets regularly bounce across state boundaries even if I am just sending a message to my next door neighbor. For example, my phone service provider is headquartered in a different state, so using their network to send an SMS message automatically creates an interstate nexus. If a US attorney wants to take over a case for reasons of professional or political advancement the argument is trivially easy to make.
    - mulmen 9mo ago
      Packets regularly crossing state lines doesn’t mean they always cross state lines.
      - anigbrowl 9mo ago
        Good luck representing yourself in federal court.
        mulmen 9mo ago
        Weird take but ok. I understand the assumptions of the law don't always reflect reality. Why would I defend myself? You claim that packets always cross state lines because sometimes they cross state lines. That's not a logically consistent statement.
  - jMyles 9mo ago
    From the dissent in Gonzales v. Raich: > Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything – and the federal Government is no longer one of limited and enumerated powers.
  - throwjefferey 9mo ago
    Much like the SEC is the meta-regulator par excellence as humorously documented as 'everything is securities fraud' by Matt Levine, the Interstate Commerce clause is the hat from which all rabbits and powers of legislation of the Federal Government gets pulled from nowadays, for what does not touch upon interstate commerce in an economy such as ours?
- mcherm 9mo ago
  No, not that I am aware of. I'm not an expert on the topic, but it is my understanding that the majority of prosecuted crimes involving the Internet in the US are prosecuted in State courts, not Federal.
  - anigbrowl 9mo ago
    I wouldn't call myself an expert on this topic, but I think you're severely missing the point: virtually any case involving use of the internet can be federalized under the interstate commerce doctrine. https://www.congress.gov/crs-product/R48764 https://www.congress.gov/crs-product/R48764
    - direwolf20 9mo ago
      Everything can be federwlized under the interstate commerce doctrine. There was a case where a farmer grew his own plants (wheat, I think) to feed himself and his animals, in contravention of federal quotas. It was ruled the federal government has authority because growing wheat affects the wheat market, even if the wheat is never sold and never leaves the state.
- pfdietz 9mo ago
  Wire Fraud https://www.justice.gov/archives/jm/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud https://www.justice.gov/archives/jm/criminal-resource-manual...

SketchySeaBeast 9mo ago

> And, if so, is Gates likely to be investigated by the police? What a bizarre turn of events that would be if THIS was the thing that got investigated.

throwjefferey 9mo ago
It would be a bit like Al Capone and justice by unusual legal means.

nradov 9mo ago

Yes, that would be considered a criminal act in most or all US states. Depending on the exact facts of the case it could be prosecuted as fourth-degree assault (misdemeanor), or it could fall under other statutes covering food adulteration or delivery of prescription drugs. I am answering in general terms and have no knowledge of what happened with Gates. A police investigation seems unlikely because so much time has passed (possibly exceeding the statute of limitations) and it would be hard to find admissible evidence.

5o1ecist 9mo ago

[flagged]