Sunday, December 20, 2015

It can be a crime to delete your browser history if you suspect connection to terrorism; Religion Clause case prompts controversial post-judgment speech injunction


There are situations where it can be a crime (under some interpretations of Sarbannes-Oxley) to delete browser history from your computer or smartphone if you know or reasonably suspect that the history could be pertinent to a criminal investigation.

Claire Bernish writes in “Anti-Media”, “Bush era law could get you 20 years in prison for clearing your browser history”.  There was a troubling prosecution of former cab driver Khairullozhon Matanov, with asylum from Kyrgyzstan, who saw the Tsarnaev brothers before they became suspects in the Boston Marathon case, Susan Zalkind’s article “The FBI is trying to ruin my life” in the Daily Beast.

But the legal risk of being considered an accessory in a terrorism case, however indirectly, has been perceived as increasing due now to the San Bernadino situation.

In another important matter, Jamie Williams of Electronic Frontier Foundation writes that the Seventh Circuit had struck down an “overbroad permanent injunction on Internet speech” in the case McCarthy v. Fuller with the issue of the “Religion Clause” . The jury has found for the plaintiff without a lot of specificity as to the reasoning, and a lower court had tried to preclude the defendant’s trying to tell its own side of the story in public.

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