Re:Facebook’s Data Deals Are Under Criminal Investigation
by otterley on Thursday March 14, 2019 @12:33AM
(#19386544)
Agreed, but it seems like pointless hair-splitting to me. One could reasonably still call it a criminal investigation even if it leads only to a civil contempt finding. Many situations are investigated as possible crimes even if no activity rising to the level of a crime is found.
Re:Facebook’s Data Deals Are Under Criminal Investigation
by darawk on Thursday March 14, 2019 @12:50AM
(#19386602)
Ya, I take your point, but I don't think it really is hair splitting unless one of the following is true:
A) The base rate of consent-decree breaches resulting in a criminal contempt charge is high, which I very much doubt that it is.
B) There is some information about this particular case that makes a criminal contempt charge likely. This could be true, but the article makes no attempt to demonstrate it.
Failing one of these things being true, I don't think it's fair to refer to it, at this stage, as a 'criminal investigation'.
I didn't say otherwise.
> The code in question allows for such imprisonment - that's why it's called "criminal contempt."
I don't disagree. What I said is that breach of a consent decree is not necessarily a case of criminal contempt. And whether or not it does rise to the level of criminality will be determined by the judge, not the investigators. Therefore, referring to it as a 'criminal investigation' does not make sense if the investigation is strictly investigating breach of a consent decree.