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Cyber Crime, Server location, it matters
How email servers in another state can make a local crime federal
Demaestro

WebmasterWorld Senior Member demaestro us a WebmasterWorld Top Contributor of All Time 10+ Year Member



 
Msg#: 3984102 posted 4:32 pm on Sep 4, 2009 (gmt 0)

Originally reported at:
[arstechnica.com...]

How did a local scandal become a federal issue? As The Topeka Capital-Journal puts it, "The e-mails crossed state lines and through several jurisdictions by traveling over the Internet through servers in California and Virginia." That was enough to trigger the interstate commerce clause of the Constitution, and the feds charged Schaffer with wire fraud.

I wonder how many other cases could be made federal using this interstate commerce clause?

 

creeking

5+ Year Member



 
Msg#: 3984102 posted 5:46 pm on Sep 4, 2009 (gmt 0)

St Louis area had a case like this a few years ago.

a local cop did something improper, and used a cell phone to arrange it.
the guy called someone in the same town he was in.

the feds were asked to prosecute (too) because the call was routed through an Illinois cell phone facility (MO to IL and back to MO).

they did.

Demaestro

WebmasterWorld Senior Member demaestro us a WebmasterWorld Top Contributor of All Time 10+ Year Member



 
Msg#: 3984102 posted 7:55 pm on Sep 4, 2009 (gmt 0)

crazy,

I am not saying bad, it is just crazy how using technology can increase the severity of a crime and your punishment simply because of the transfer of data over state lines.

LifeinAsia

WebmasterWorld Administrator lifeinasia us a WebmasterWorld Top Contributor of All Time 5+ Year Member



 
Msg#: 3984102 posted 8:19 pm on Sep 4, 2009 (gmt 0)

And also convolute jurisdiction.

bigcat1967

5+ Year Member



 
Msg#: 3984102 posted 2:28 am on Sep 8, 2009 (gmt 0)

maybe they should judge this case by case - but I say this really should be a local case - government is just getting to much power.

willybfriendly

WebmasterWorld Senior Member 10+ Year Member



 
Msg#: 3984102 posted 3:38 am on Sep 8, 2009 (gmt 0)

A legal precedent that we really don't need. I sit here trying to think of where the transmission of data, by itself, should escalate something to a federal crime and I must admit that I can not think of a single one.

Demaestro

WebmasterWorld Senior Member demaestro us a WebmasterWorld Top Contributor of All Time 10+ Year Member



 
Msg#: 3984102 posted 9:47 pm on Sep 8, 2009 (gmt 0)

willy I agree with your assessment that there is nothing special about the data moving around that increases the severity of the crime.

However, logic has never had a strong foothold in many legal decisions.

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