tag:blogger.com,1999:blog-21633793.post601517608949342810..comments2023-12-12T03:19:42.467-05:00Comments on CYB3RCRIM3: Receiving Stolen Property, PayPal and Mistake of FactSusan Brennerhttp://www.blogger.com/profile/17575138839291052258noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-21633793.post-14179458556928961312012-02-06T19:12:06.507-05:002012-02-06T19:12:06.507-05:00I disagree with this judgment and I feel mr Oren&#...I disagree with this judgment and I feel mr Oren's rights were violated! I don't see how this is considered a cyber crime.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-19975955427382581682011-11-21T05:52:55.279-05:002011-11-21T05:52:55.279-05:00I don't love this judgment, but based on the f...I don't love this judgment, but based on the facts presented here I do not find it appalling. The fact that he was ordering something online to his address from another person's account goes a long way in convincing me that Oren knew or should have known the laptop was stolen. People don't willingly disregard computers with personal information still intact. The problem is the word KNOW. Did he know? That implies a significant degree of certainty...which legally he probably didn't have. Should he have known - yeah of course, but that's not how the law works unless it says so. It really depends on how CA defines knowledge and how that can be deduced/proven. <br />As to whether the instruction should have been given I'm on the fence, but tend to agree. His actions really do seem to contradict the over all mistake of fact defense. It seems remote that because the HP website didn't say the machine was stolen that one could be even close to comfortable relying on that info alone. The weight of the other facts makes this singular fact less substantial. The totality of the evidence suggests that this one fact stood alone in a sea of evidence pointing toward a guilty mind. Besides, he had to know it was a crime to order goods off the internet using another person's credit card. If he didn't hesitate to commit that crime, why not possess some stolen property right?Anonymousnoreply@blogger.com