tag:blogger.com,1999:blog-21633793.post5171095045013195014..comments2023-12-12T03:19:42.467-05:00Comments on CYB3RCRIM3: The 4th Amendment and U.S. Citizens AbroadSusan Brennerhttp://www.blogger.com/profile/17575138839291052258noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-21633793.post-39737571683652940972010-02-01T09:06:43.471-05:002010-02-01T09:06:43.471-05:00Thanks for clarifying all that, Joe . . . and than...Thanks for clarifying all that, Joe . . . and thanks a lot for the links to the articles. I'll check them out.Susan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-27847797218125411112010-02-01T05:12:51.401-05:002010-02-01T05:12:51.401-05:00As an American lawyer working in Thailand, I may b...As an American lawyer working in Thailand, I may be able to elucidate certain of the transnational and other legal issues involved in this case. A US search warrant is not recognized by Thai courts, but its purpose is to be used in US Courts and not Thai courts. US law enforcement has a long history of working together with Thai authorities however. In furtherance of this cooperation, there a number of treaties between the US and Thailand that facilitate this relationship, including a Mutual Legal Assistance Treaty, and Extradition Treaty, and Amity Treaty and others.<br /><br />One of the possible motives for the search warrant referring to narcotics rather than child pornography may be that the Narcotics Enforcement Division of the Thailand Police has much broader powers to search and seize in narcotics cases than in other criminal cases. Additionally the laws on child pornography are not as developed in Thailand as in the USA.<br /><br />The US government has a long history of expanding its extraterritorial police and regulatory jurisdiction. There has recently been what appears to be an increase in extraterritorial police action that follows the passage of the PROTECT ACT (in regard to child sexual abuse and pornography.) However, in reality Americans are arrested in Thailand quite regularly, by Thai police cooperating with US police, and extradited back to the US for a number of different offenses.<br /><br />A colleague recently published an article concerning the application of US sex laws in Thailand here: <a href="http://www.thailawforum.com/sex-crimes-in-thailand.html" rel="nofollow">http://www.thailawforum.com/sex-crimes-in-thailand.html</a><br /><br />Also, many years ago, I published a law journal article analyzing the extraterritorial jurisdictional powers of the US government in criminal matters in Thailand that can be found here: <a href="http://www.sgalegal.com/guide/enforcement.html" rel="nofollow">http://www.sgalegal.com/guide/enforcement.html</a>Joehttp://www.thailawforum.comnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-89287888921423601932010-01-13T10:02:14.878-05:002010-01-13T10:02:14.878-05:00This is for jsmith:
I'll address the issues y...This is for jsmith:<br /><br />I'll address the issues you raise in reverse order. First, as to the law governing online defamation, you might check out this site:<br /><br />http://www.eff.org/issues/bloggers/legal/liability/defamation<br /><br />It gives you an overview of defamation law and online postings. You might also look at this site, which purports to tell people how to sue for online libel:<br /><br />http://www.ehow.com/how_2040840_sue-someone-internet-libel.html<br /><br />I don't vouch for the second one because I don't know anything about the author of it. The EFF site is likely to be accurate. You could also talk to a lawyer about all this, as much of it will probably depend on libel law in your state.<br /><br />As to whether the information posted on myspace can be used in court, you might check out this blog post of mine:<br /><br />http://cyb3rcrim3.blogspot.com/2009/11/evidence-of-other-crimes.html<br /><br />It talks about a case in which the defendant’s Myspace postings were admitted at his trial. <br /><br />As to whether the text messages could be admitted, it’ll depend on how they’re obtained (in compliance with the 4th Amendment, for one thing), what they say and whether they’re admissible under the applicable laws of evidence. <br /><br />You could talk to a local prosecutor about all this, or a private attorney.Susan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-65636049644828556092010-01-13T09:52:10.147-05:002010-01-13T09:52:10.147-05:00I agree as to a U.S. judge's not being able to...I agree as to a U.S. judge's not being able to issue an extraterritorial warrant. More precisely, I agree that if a U.S. judge issued such a warrant, it would have absolutely no effect in the country where it was to be executed UNLESS the authorities in that country wanted to honor it somehow.<br /><br />There is an argument, though, that even if a U.S. warrant does have any binding effect on the the other country where it's to be executed, it would satisfy U.S. requirements, and thereby regularize the process.<br /><br />Just a thought.Susan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-72423644751087449402010-01-12T09:17:59.031-05:002010-01-12T09:17:59.031-05:00if minor commits a battery, a parent files a compl...if minor commits a battery, a parent files a complaint, the cuprit admits by posting it on her facebook or myspace wall, or begins to text everyone bragging of her exploits will authorities have the ability to obtain this evidence? Is it a confession of guilt? Secondly, what laws are there to discourage slanderous and damaging gossip be spread on cyberspace(NET or SMS), going viral and harming reputations of children? HELP point me in direction! Thanksjsmith@vha.comnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-85134195773233246232010-01-11T19:19:07.201-05:002010-01-11T19:19:07.201-05:00Everything but the last part makes sense to me. Fi...Everything but the last part makes sense to me. First of all, I don't think any US judge *could* issue an extraterritorial warrant anyway. Certainly, Congress could pass some special requirement regarding judicial oversight of warrants in that case, but I can't see how it could be Constitutionally required.<br /><br />However, I cannot see how the good faith exemption could possibly apply here. The US agents were looking specifically for what they found and so, supposedly, were the Thai agents. But the warrant was all about narcotics. It's hard to imagine the Thai agents were acting in good faith.<br /><br />"[S]he found the ICE officers had no reason to know that the warrant did not authorize a search for child pornography." This is essentially arguing that the US officials were either idiots (thinking narcotic somehow meant pornography) or were told such niceties as specifying specifically what is to be searched for don't matter in Thailand.<br /><br />It is objectively unreasonable for them to go along down either of these paths.JoelKatzhttps://www.blogger.com/profile/09840865938897877532noreply@blogger.com