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Re:Tech firms seek to frustrate internet history log law by MereInterest on Wednesday November 23, 2016 @08:22AM (#13022428)
I would argue that the notion of "crime" is typically biased by the observed criminal acts. For example, criminal theft is usually thought to be some form of robbery, including everything from bank robberies to residential break-ins. However, wage theft, consisting of employers illegally withholding wages, is more than 2.5 times larger than all robberies combined [1].

It isn't that smart criminals don't exist. Rather, smart criminals don't fit our mental image of "criminals", which makes it harder to target laws against it.

[1]: http://www.epi.org/publication/wage-theft-bigger-problem-for...

Re:Tech firms seek to frustrate internet history log law by Floegipoky on Wednesday November 23, 2016 @10:42AM (#13023336)
> Rather, smart criminals don't fit our mental image of "criminals", which makes it harder to target laws against it

I would argue that it has nothing to do with the laws; they're breaking the same laws as everybody else. It's that our justice system, at least in the US, incentivizes law enforcement to focus on easier prey. Smart criminals will probably defend themselves in court and be more likely to be privy to the tricks that police use. It's much easier for them to just arrest a poor person and threaten to throw them in jail for months behind bail that they can't afford unless they plead guilty to something they obviously didn't do. Most poor people will just take the plea, because they can't afford to miss work and lose their job while they wait for their day in court. NYPD in particular are notorious for this.