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

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"

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:While the Government might promise that it woul

[Opportunist]

Still a better love story than Twilight.