How Many Laws Have You Broken Today?

If you're like most Americans, you violate numerous laws each day, probably without even knowing it.

As I wrote in a blog entry nearly three years ago, in New Jersey, you can be arrested for driving by your own home.  In Florida, a man was sentenced to six years in prison for carrying cash.  In Pennsylvania, a woman faces prison for yelling obscenities at her clogged toilet. You can even be imprisoned for the crime of withdrawing lawfully earned currency from your own bank account.

Over the past three years, the trend toward what I call "criminalization" of everyday conduct has only intensified.  (Criminalization is the conversion of conduct that was once considered a contractual dispute, or merely socially stigmatized, into a criminal offense.)

Now, according to federal prosecutors in New Jersey, violating a Web site's "terms of service" constitutes a crime. Under this interpretation, if you disregard—or simply fail to read (or understand) the lengthy and legalistic service agreement of any Web site, you risk imprisonment!

The defendants in this case purchased tickets in bulk from an online ticket reselling business, Wiseguy Tickets.  They stand accused of reselling the tickets at a higher price, in violation of Wiseguy's terms of service.  Prosecutors also brought hacking charges against the defendants for bypassing technical measures to prevent bulk purchases.  But it's the criminalization of violating a Web site's terms of service that concerns me the most.

Most Web sites say they can change their terms of service anytime. To avoid prosecution under this theory, you'd need to read a multiple pages of legalese every time you log in to your favorite Web site.  Even entering a fake name on a social networking Web site may be a crime!  Federal prosecutors in Los Angeles indicted a woman because she violated a social network's terms of service.  Fortunately, the trial judge threw out the case.

And there's no reason why this trend is limited to the online world. Imagine that you purchase a new car from your local dealer.  You drive it for a few months, never bothering to read the terms of service in the back of the manual.  One day you get pulled over for a traffic ticket.  The cop asks you where you buy your gas.  "From wherever it's cheapest," you reply.  "Wrong answer," says the cop, as he puts you in handcuffs.  It turns out that the terms of service stipulate that you must purchase all your gas from a specific gas station recommended by the dealer.  If you don't, under the DOJ's latest pet theory of criminalization, you'd be committing a crime.

Naturally, there's no way that police can arrest you every time you knowingly or unknowingly violate the terms of service for an online—or offline—product or service.  But the potential for arrest is always there, giving prosecutors wide discretion in pursuing the most visible—or more likely, the most politically viable—of such "crimes." 

The trend won't reverse itself until we convince lawmakers that criminal sanctions aren't necessarily the best way to deal with moral, social, or political problems and disputes.  Let's hope that time comes soon—although I'm not holding my breath!

Copyright © 2010 by Mark Nestmann

Comments

[Pascal DRAY]

I'm not American but believe me Americans just take the bad ideas of Europeans and apply it to law and other subject. If you want to get rid of bad laws just read "Just Democracy" by S. Hebert and you will have the solution to return to real America the country of "the pursuit of happiness at your own risk". I'm a 45-y.o. French business consultant.

[-rick]

If you have broken less than five laws at ten a. m. in Germany you didn't make it out of bed...

[Manfred]

What you are documenting is the march towards a police state that is in progress for this former republic.

We need to wake up before we find ourselves like the "good Germans" of 1933.

[Puzzled]

I was concerned the other day when I bought some toilet cleanser. The package said "it is a violation of federal law to use this product in a manner inconsistent with its packaging." A few things come to mind. First, I sometimes watch CSpan, and frequently hear Congresscritters say things like "I want to get home tonight, so let's wrap this up." Yet they actually sat there and voted on a proposal to require people to use toilet cleansers only on toilets?

Second, why doesn't this create reasonable suspicion for the police to follow you home after buying this product, come into your house, and investigate your use of toilet cleanser, or the thousands of other products with this label? If I befriend a cop, and he comes over for a barbecue (I make the best ribs north of the Mason Dixon, which is kind of like being the tallest midget), and goes into my kitchen and sees toilet cleanser under the sink, is that reasonable cause for him to suspect that I have used it, at some point, to clean the sink (heaven forbid.)

May he arrest me on that suspicion, and will he face discipline if he fails to and the truth comes out later?

[David A.]

Mark:

Caught your column on Lewrockwell.com

I appreciate your writing about these abuses.

It occurred to me that one reason for the proliferation of these zillions of laws is our society's addiction to humanism & that means a humanist approach to Law, as well, and all it's vile, attendant baggage.

Think of it:

God gave Moses 10 simple Commandments which were to govern all of Life.

So universal are they, that all major faiths recognize them as the most essential Principles for bringing peace to their lands.

Yet, the humanist state cannot restrain itself from making zillions of laws - as the state acting like god is a joke.

Statism is a cult & false religion, but it's all that's left when you reject the Judeo-Christian Faith that gave birth to Western Civilization.

Thus the humanist state must mimic the real God, faking an attempt at His Omniscience - thus the surveillance state, His Omnipotence - thus the police state & warfare state, His Omnipresence, and thus the usurpation of individual, family, church, community & local governments.

And, it makes for Tyranny - "Resistance to Tryanny is Obedience to God"
- Ben Franklin & Thomas Jefferson said.

If we truly rendered to God everything that properly belongs to Him, there would be NOTHING left for Caesar !

I pray we come to grips with this Truth, or our Republic cannot be revived.

David A.
Texas Republic
III %'er *

PS: Have your book, Personal & Financial Privacy in a Public Age, love it.....Keep fighting the good fight, Mark....

* Creed of the III % er:
www.SipseyStreetIrregulars.Blogspot.com

[Cesare Bonventre]

Gimme a Break!

What else can you expect from a country with an "Evil Thought Bill"?!

On July 9, 2008, the US Congress overwhelmingly passed legislation permitting government spying, including immunity to telecommunications companies involved in secret domestic surveillance programs.

The USA is listed 57th on the "International Freedom Score"

And the US Federal Blueprint Calls for Bigger, More Powerful Government, Washington Post, February 9, 2005

Things cannot improve.

When the US dollar dies on the international scene, US States will secede. Until then, expect bigger badder government!

[CCG]

All part of the shift toward feudalism, where you "rent" your property, your freedom and even your life from the powers that be, who may change the contract (retroactively, of course) at any time.

[Rod]

Can any one say Brazil? I have now lived (for my work) in Brazil for 5 years, and it is still run as a police state, have the American Politicians decided that this is what is necessary, ultra high unemployment, majority of the population earning minimum wage, some of the highest interest rates in the world, and a completely inept public service at all levels.

America is turning itself into Brazil, a huge step backwards! Actually more like a fall down the stairs to the basement! you only have to live here to realize that you don't want your country to be what Brazil really is, not the facade that the tourists see, but the real Brazil.

[tony rawl]

I would like to know more please about the theory for arresting someone who is carrying legal cash or who withdraws legally earned cash from his bank account.

Thank you.

[Mark Nestmann]

Tony,

The law is called "structuring" and it is part of the Money Laundering Control Act of 1986. See: Title 31, Section 5324 of the U.S. Code. Structuring is any act you do to avoid completing a "currency transaction form" for one transaction in cash or certain cash equivalents or a series of such "related" transactions that ultimately exceed US$10,000. Violations may be punished by a five-year prison sentence, a US$250,000 fine and forfeiture of all funds "involved in" the offense.