"You Commit Three Felonies a Day"
The Wall Street Journal
September 27, 2009
By L. Gordon Crovitz
When we think about the pace of change in technology, it's usually to marvel at how computing power has become cheaper and faster or how many new digital ways we have to communicate. Unfortunately, this pace of change is increasingly clashing with some of the slower-moving parts of our culture.
Technology moves so quickly we can barely keep up, and our legal system moves so slowly it can't keep up with itself. By design, the law is built up over time by court decisions, statutes and regulations. Sometimes even criminal laws are left vague, to be defined case by case. Technology exacerbates the problem of laws so open and vague that they are hard to abide by, to the point that we have all become potential criminals.
Boston civil-liberties lawyer Harvey Silverglate calls his new book "Three Felonies a Day," referring to the number of crimes he estimates the average American now unwittingly commits because of vague laws. New technology adds its own complexity, making innocent activity potentially criminal.
Mr. Silverglate describes several cases in which prosecutors didn't understand or didn't want to understand technology. This problem is compounded by a trend that has accelerated since the 1980s for prosecutors to abandon the principle that there can't be a crime without criminal intent. ... (Read on at online.wsj.com)
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"If Sports Ruled the World"
The Wall Street Journal
September 17, 2009
By Daniel Henninger
While we all know what the rules are in the sports, no one knows anymore what the rules are in real life. Not in politics, law, the bureaucracies, commerce, finance or Federal Reserve policy.
[...]
Boston lawyer Harvey Silverglate argues in a forthcoming book, “Three Felonies a Day,” that federal law has become such a morass that people in business routinely violate statutes without a clue. Modern law lacks what sports provides lucidity. ... (Read on at online.wsj.com)