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View Diary: Prosecuting (maybe) Hannah Giles (38 comments)

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  •  Cheers for this (1+ / 0-)
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    CA Berkeley WV

    I wouldn't actually support a criminal prosecution in this case, but even if one goes ahead, I'd be surprised if either a public interest defence wasn't successful (or perhaps reliance on Federal one-party consent law, because the recording then distribution  was in multiple states).

    Do you think it will be taken to trial in MD?

    "I, for one, would like to welcome our new Belgian overlords..."

    by Morus on Thu Mar 04, 2010 at 09:46:53 PM PST

    [ Parent ]

    •  Back in September the Baltmur prosecuting atty (4+ / 0-)
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      G2geek, Dirtandiron, Larsstephens, Morus

      had this to say:

      In addition, the audio portion could possibly have been obtained in violation of Maryland Law, Annotated Code of Maryland Courts and Judicial Proceedings Article §10-402, which requires two party consent.
      "If it is determined that the audio portion now being heard on YouTube was illegally obtained, it is also illegal under Maryland Law to willfully use or willfully disclose the content of said audio. The penalty for the unlawful interception, disclosure or use of it is a felony punishable up to five years

      Haven't read anything else. It took the Brooklyn DA almost six months to determine that they would not prosecute ACORN. Stay tuned.

      Anyone who has the power to make you believe absurdities has the power to make you commit injustices -- François-Marie Arouet

      by CA Berkeley WV on Thu Mar 04, 2010 at 10:15:26 PM PST

      [ Parent ]

    •  can't use the federal one-party consent law.... (2+ / 0-)
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      Dirtandiron, Morus

      Otherwise that would open the floodgates to all manner of violations of state two-party consent laws, arguing the same defense.  The courts won't let that happen.  

      (Telecoms engineer here, with expert knowledge of electronic surveillance.)  

      •  That's exactly what I'm hoping for! (1+ / 0-)
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        There's not been a test-case, but I'm in favour of the Federal standard becoming standard.

        Independent of this case, the major use would be political and corporate investigative reporting etc. I think that should be allowed.

        "I, for one, would like to welcome our new Belgian overlords..."

        by Morus on Fri Mar 05, 2010 at 07:22:49 AM PST

        [ Parent ]

        •  OK, but that's a different axis of debate. (2+ / 0-)
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          Dirtandiron, Morus

          I favor a two-party standard, for the sake of protecting individual privacy against the depredations of corporate feudalism.  

          We can have that debate some other day, but at least our respective positions are clear so we know where to start when the time comes to do that issue.  

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