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A law that was allegedly passed in response to corporate accounting scandals like Enron's and Worldcom's is now being used far outside of its original intentions:
A lot of Internet users delete their browser history and clear their cache and cookies.
It's just one of those things you do — some more often than others — if you own and use a computer.
"If you don't clear this information, it's there for someone to come along and retrieve — either by sitting down at your computer or remotely if you visit vicious websites or get a virus," said a Patrol Tech expert.
But the recent Boston Marathon bombing trial has brought to light a law, ratified in 2002, that could land you with a federal charge of obstructing justice for — wait for it — clearing your browser history.
Techdirt points out some of the serious problems with this chilling precedent:
In a hypothetical posed recently (containing a real-world example), finding yourself in possession of child pornography poses a serious dilemma. Possession is a crime, but so is destruction of evidence. Sarbanes-Oxley demands the preservation of evidence in "foreseeable" investigations, and child porn possession is one of those crimes no law enforcement agency ignores.
The article over at Dailykos covers the relevant section of the law, along with other details:
Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.
The spirit of this law seems to be just another way to criminalize spoliation, but like too many laws in the post-9/11 world its written overly broad and rarely, if ever, used for its stated purpose. It scares me to see that simply performing maintenance on your computer, or worse being the victim of a CP-rickroll, will land you in prison no matter what you do. Is there anything we can do to stop this creeping totalitarianism, or is the police state already so entrenched that the only option left is to abandon ship?
Original Submission
(Score: 3, Insightful) by physicsmajor on Thursday June 11 2015, @08:35PM
In this case, the party realized their history was likely incriminating and attempted to cover it up using a one-time wipe. I don't agree with that law, but there was intent here (he "knowingly" destroyed information).
But what if the default setting is to purge history after X days? Heck, a lot of browsers do this routinely anyway. Then either we're all criminals for routine program behavior (your temp files got deleted, go straight to prison, do not collect $200) or this has to be permitted. Of course that prompts the question: instead of wiping the files, what if he had changed that setting to purge after 1 day instead of 30 and waited it out? Is it a crime to increase the security on your computer? Then conviction hinges on mens rea, or "what did he know and when did he know it," and conviction much more difficult even though it's effectively the same action.
(Score: 1) by jinuq on Thursday June 11 2015, @09:02PM
(Score: 2, Funny) by penguinoid on Thursday June 11 2015, @09:03PM
Maybe if they're not careful they'll pass an overly broad law that will outlaw any type of destruction of evidence, including the favorite of CEOs and politicians, court amnesia.
RIP Slashdot. Killed by greedy bastards.
(Score: 2) by rts008 on Thursday June 11 2015, @09:06PM
I've used the 'clear browser history when closing browser' (under 'security' tab in 'options') with Firefox(and now PaleMoon) since that setting was available.
So I've been breaking this law every day(sometimes multiple times a day) for years before it was against the law.
Lucky for me, I also use FEBE, so my history of these 'illegal' settings is archived? or is it unlucky for me nowadays?
They would have to prove I was psychic to be able to charge me with this. Good luck with that. ;-)