Court: 'Repugnant' Online Discussions Aren't Thoughtcrime (arstechnica.com)

An anonymous reader writes: The U.S. 2nd Circuit Court of Appeals has issued a ruling in favor of former NYPD officer Gilberto Valle — the so-called "cannibal cop." In 2012, Valle was fired and arrested for going online and talking about his fantasies, which included kidnapping, murder, sexual assault, and cannibalism. He was later convicted in a jury trial. A district court judge overturned the conviction, but the government appealed, hoping to make it stick. The Appeals Court has now affirmed Valle's acquittal. In the ruling (PDF), the court notes, "We are loathe to give the government the power to punish us for our thoughts and not our actions. That includes the power to criminalize an individual's expression of sexual fantasies, no matter how perverse or disturbing. Fantasizing about committing a crime, even a crime of violence against a real person whom you know, is not a crime." The court also addressed the government's questionable efforts to use the Computer Fraud and Abuse Act to increase the severity of Valle's punishment: "While the Government might promise that it would not prosecute an individual for checking Facebook at work, we are not at liberty to take prosecutors at their word in such matters."

Comments

Re:Instead should have HANGED the prevert!

[TWX]

At least a crime would have occurred...

Famous last words of granting emergency powers

[Impy the Impiuos Imp]

More of the quote:

While the Government might promise that it would not prosecute an individual for checking Facebook at work, we are not at liberty to take prosecutors at their word in such matters. A court should not uphold a highly problematic interpretation of a statute merely because the Government promises to use it responsibly.

Pay attention the next time your senator or congresswoman or Attorney General or CIA head or ex head or President says, "Come on, Shelley. Give it a rest. We aren't going to abuse it."

Re:Famous last words of granting emergency powers

[MrKaos]

Pay attention the next time your senator or congresswoman or Attorney General or CIA head or ex head or President says, "Come on, Shelley. Give it a rest. We aren't going to abuse it."

Generally in politician speak you could translate that to: "We are going to abuse you with these laws, now bend over"

Someone should tell our AG

[Anonymous Coward]

Loretta Lynch Vows to Prosecute Those Who Use 'Anti-Muslim' Speech That 'Edges Toward Violence'

Re:Someone should tell our AG

[Anonymous Coward]

Loretta Lynch Vows to Prosecute Those Who Use 'Anti-Muslim' Speech That 'Edges Toward Violence'

"UPDATE: Loretta Lynch, at a press conference yesterday, termed the San Bernardino shootings a "wonderful opportunity" to change the nature of police work:

        We’re at the point where these issues have come together really like never before in law enforcement thought and in our nation’s history and it gives us a wonderful opportunity and a wonderful moment to really make significant change."

She's a FUCKING MONSTER.

Re:Umm...ok!

[ArchieBunker]

No it was way more detailed. He was researching how long chloroform is effective and also used his access to police databases to look up potential victims. Separately its not that sketchy but all together its the planning of a crime.

Re:While the Government might promise that it woul

[Sowelu]

Oh just kiss already

Re:While the Government might promise that it woul

[Anonymous Coward]

We might be able to come up with a new programming method using recently open-sourced Swift and implement 64-bit hosts file software that pre-emptively blocks any crime from reaching the victims. I know a guy who might help us with this, he knows a lot about building high-performance hosts file tools. In order to summon him I suggest we all install AdBlocking extensions in our browsers and let it be publically known that we use such resource hogging low quality software.

Re:Umm...ok!

[rahvin112]

Or the alternative description is he was researching material so his writing was more accurate. Something authors do all the time.

For all the bluster of the prosecution, if this man was actually planning these actions and his documents weren't just a story why did he change the names of the people?

Maybe it's because he was just writing a story. If they thought this guy was a real risk they should have put him under 24 hour surveillance and waited for him to take action. Even if what he planned was real all they could arrest him for was researching a story. A vile, repugnant story but a story nonetheless.

If this guy can be prosecuted for what he did so could you for what you write on the internet.

Re:While the Government might promise that it woul

[Opportunist]

Still a better love story than Twilight.

Our esteemed Attorney General may disagree

[ScentCone]

AG Loretta Lynch was just explaining that if people use unpleasant rhetoric about Muslims, the Department of Justice would "go after them." She also told Muslim parents that if their kids are bullied at school, they should call the DoJ immediately.

You know, not talk to the principal, or local law enforcement, no. Call the federal government.

No mention other people being bullied, of course.

So watch that rhetoric, people! The Obama administration just said they feel they have the power to "go after you" if you're found being ... mean? Insensitive?