5 ms·

Clearing browser history can be deemed obstruction of justice

12 points by thangalin 11y ago

ColinWright 11y ago
So many submissions, so little comment: https://news.ycombinator.com/item?id=9686325 https://news.ycombinator.com/item?id=9686325 (1 comment) https://news.ycombinator.com/item?id=9679511 https://news.ycombinator.com/item?id=9679511 https://news.ycombinator.com/item?id=9676852 https://news.ycombinator.com/item?id=9676852 https://news.ycombinator.com/item?id=9674037 https://news.ycombinator.com/item?id=9674037 https://news.ycombinator.com/item?id=9661930 https://news.ycombinator.com/item?id=9661930 (3 comments) https://news.ycombinator.com/item?id=9657809 https://news.ycombinator.com/item?id=9657809 (1 comment) https://news.ycombinator.com/item?id=9651459 https://news.ycombinator.com/item?id=9651459 (2 comments)
- hga 11y ago
  There's very little I see to comment on. From the article, emphasis added: "the law essentially makes knowingly destroying or concealing any record" In order to make their case, the prosecution will have to establish intent, and that's sufficient for me to establish illegality.
  - cldellow 11y ago
    > Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both. The complaint appears to be that (a) the investigation does not actually have to have commenced for the law to apply and (b) the penalty for destruction of records can far exceed the original crime's penalty. e.g. did you do videotape you and your friends doing something stupid and illegal that might merit you a citation? And then, upon sober second thought, delete the video? You just committed a far greater crime. That this law, which was created to rein in corporate crime, is being applied in other contexts suggests that the legislators didn't really think through the ramifications of how this tool might be used by prosecutors.
T3RMINATED 11y ago
what does it mean when Hillary Clinton deletes her entire hard drive?
gnoway 11y ago
On a new computer or browser install where I am the primary user, I usually set my browser up to use 0MB cache and to delete history on exit. I'm not specifically trying to hide anything, but I don't want to be in a situation where my cache or history is used to make judgements about me. Would this be construed as obstruction of justice if I had also known the bombers?

12 points by thangalin 11y ago

So many submissions, so little comment: https://news.ycombinator.com/item?id=9686325 https://news.ycombinator.com/item?id=9686325 (1 comment) https://news.ycombinator.com/item?id=9679511 https://news.ycombinator.com/item?id=9679511 https://news.ycombinator.com/item?id=9676852 https://news.ycombinator.com/item?id=9676852 https://news.ycombinator.com/item?id=9674037 https://news.ycombinator.com/item?id=9674037 https://news.ycombinator.com/item?id=9661930 https://news.ycombinator.com/item?id=9661930 (3 comments) https://news.ycombinator.com/item?id=9657809 https://news.ycombinator.com/item?id=9657809 (1 comment) https://news.ycombinator.com/item?id=9651459 https://news.ycombinator.com/item?id=9651459 (2 comments)

hga 11y ago
There's very little I see to comment on. From the article, emphasis added: "the law essentially makes knowingly destroying or concealing any record" In order to make their case, the prosecution will have to establish intent, and that's sufficient for me to establish illegality.
- cldellow 11y ago
  > Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both. The complaint appears to be that (a) the investigation does not actually have to have commenced for the law to apply and (b) the penalty for destruction of records can far exceed the original crime's penalty. e.g. did you do videotape you and your friends doing something stupid and illegal that might merit you a citation? And then, upon sober second thought, delete the video? You just committed a far greater crime. That this law, which was created to rein in corporate crime, is being applied in other contexts suggests that the legislators didn't really think through the ramifications of how this tool might be used by prosecutors.

T3RMINATED 11y ago

what does it mean when Hillary Clinton deletes her entire hard drive?

gnoway 11y ago

On a new computer or browser install where I am the primary user, I usually set my browser up to use 0MB cache and to delete history on exit. I'm not specifically trying to hide anything, but I don't want to be in a situation where my cache or history is used to make judgements about me. Would this be construed as obstruction of justice if I had also known the bombers?