Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Obstruction of (Contemplated) Justice
Imagine you are a federal prosecutor and the following fact pattern lands on your desk: A college student gains unauthorized access to the e-mail account of a candidate for federal office. The student changes the e-mail account password and then shares the new password on an Internet message board. Within one day, fearing a possible (but not-yet initiated) investigation, he takes steps to delete information from his computer related to his unauthorized access. Based on these facts, what charges would you consider? Identity theft in violation of 18 U.S.C. '1028? Wire fraud in violation of 18 U.S.C. '1343? A charge under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. '1030?
Each of those charges seems like a logical choice, in no small part because they were in fact charged in the case from which the fact-pattern was taken. See, United States v. Kernell, 667 F.3d 746 (6th Cir. 2012). But what about obstruction of justice, given that the alleged deletion of the information occurred before any government investigation or judicial proceeding had been initiated? Just such a charge was brought under 18 U.S.C. '1519, a relatively obscure but potentially powerful statute that has considerably expanded the scope of obstruction of justice. It is seeing increased use, and could prove to be a powerful tool in the federal prosecutor's toolbox. Reflective of its growing attention, as discussed further below, it is the subject of a pending U.S. Supreme Court case that will examine just how broadly this statute may reach.
Predecessor Obstruction Statutes
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.