Re:Facebook’s Data Deals Are Under Criminal Investigation
by shhehebehdh on Wednesday March 13, 2019 @07:42PM
(#19385131)
At this point it is just an investigation. Nobody has been charged with anything. They have to find a law Facebook has broken first, and presumably establish enough evidence that they expect to succeed at a trial.
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Re:Facebook’s Data Deals Are Under Criminal Investigation
by solomatov on Wednesday March 13, 2019 @08:27PM
(#19385392)
Do you have any idea what charges these may be? IFAIU, there're no laws which make it criminal to share information.
Re:Facebook’s Data Deals Are Under Criminal Investigation
by dmitrygr on Wednesday March 13, 2019 @09:07PM
(#19385626)
If even a single byte leaked, I guess the charges can include being accessory to identity fraud?
Re:Facebook’s Data Deals Are Under Criminal Investigation
by solomatov on Wednesday March 13, 2019 @09:25PM
(#19385729)
Criminal charges assume intent, and it's very hard to think that facebook as a company had intent of committing identity fraud.
Re:Facebook’s Data Deals Are Under Criminal Investigation
by dlegal on Wednesday March 13, 2019 @11:18PM
(#19386273)
Crimes do not always require intent. It depends on what the statute says specifically.
Re:Facebook’s Data Deals Are Under Criminal Investigation
by solomatov on Thursday March 14, 2019 @12:02AM
(#19386436)
Yes, there're such crimes, but there aren't so many of them.
Re:Facebook’s Data Deals Are Under Criminal Investigation
by dragonwriter on Thursday March 14, 2019 @12:09AM
(#19386463)
There are lots of crimes that require a mental state less than intent (either recklessness or criminal negligence, mostly, though there are some strict liability crimes, and the weird case of “malice aforethought” for common law murder which is narrower than recklessness but just slightly broader than only intent.)
Re:Facebook’s Data Deals Are Under Criminal Investigation
by solomatov on Thursday March 14, 2019 @09:45AM
(#19389131)
Recklessness and negligence require some understanding of what you are doing and that it's wrong. So, it's really hard to commit them by mistake.
Re:Facebook’s Data Deals Are Under Criminal Investigation
by dragonwriter on Thursday March 14, 2019 @04:24PM
(#19393274)
> Recklessness and negligence require some understanding of what you are doing and that it's wrong.
Negligence specifically does not, it only requires the existence of a duty of care (except not in specialized cases, that of reasonable care, which doesn't mean you are aware of risk, but that a reasonable person in your place would be.) Recklessness requires conscious awareness and disregard of risk, but not awareness of wrongness.
Harms from recklessness are mistakes, while recklessness itself is not, but negligence is quite normally a mistake.
Re:Facebook’s Data Deals Are Under Criminal Investigation
by kazagistar on Thursday March 14, 2019 @10:58AM
(#19389783)
You know data often leaks and leads to identity theft and yet you slurp it down anyways and freely share it around. Sounds reckless and negligent to me.
Re:Facebook’s Data Deals Are Under Criminal Investigation
by elliekelly on Wednesday March 13, 2019 @10:45PM
(#19386115)
Since it appears the investigation is focused on information sharing agreements between Facebook and "device manufacturers" I would suspect criminal wiretapping.
But of course there's always the Computer Fraud and Abuse Act which is so broad that it could potentially apply to just about anything anyone has ever done via an internet connection.
Re:Facebook’s Data Deals Are Under Criminal Investigation
by badfrog on Wednesday March 13, 2019 @07:56PM
(#19385222)
Doesn't a grand jury meet after charges have been filed? Or is federal different than state in that respect?
Re:Facebook’s Data Deals Are Under Criminal Investigation
by rhizome on Wednesday March 13, 2019 @08:47PM
(#19385497)
No. After charges are filed you go to court. Grand jury votes on the charges.
Re:Facebook’s Data Deals Are Under Criminal Investigation
by iscrewyou on Wednesday March 13, 2019 @08:00PM
(#19385241)
I thought grand jury meets before charges are filed so they can authorize access to documentation and such things?
Re:Facebook’s Data Deals Are Under Criminal Investigation
by solomatov on Wednesday March 13, 2019 @08:27PM
(#19385399)
IANAL, but grand juries do a lot of work before the charges are filled. For example, they check whether there's a probable cause for a search warrant.
Re:Facebook’s Data Deals Are Under Criminal Investigation
by mehrdadn on Wednesday March 13, 2019 @09:07PM
(#19385624)
Do you know how grand juries are selected? I find it weird that I've been selected for a trial jury a bunch of times but never a grand jury.
Re:Facebook’s Data Deals Are Under Criminal Investigation
by Godel_unicode on Wednesday March 13, 2019 @11:31PM
(#19386313)
Get a bigger hat, it's right there in the name.
Re:Facebook’s Data Deals Are Under Criminal Investigation
by solomatov on Wednesday March 13, 2019 @09:24PM
(#19385723)
AFAIK, they are selected the same way as trial jury. I think the main problem is that there's less need for grand juries since they process information much more quickly than trial juries.