Legal Corner

Redacting Posts?
Piratebay 3279 reads
posted

This is sort of a legal question.  Let's say I mis-type something on this board and create the impression that I am encouraging someone to do something illegal.... Or merely by mistyping creating the impression that I am conspiring with a group of people to deliberately break the law evade the law.  

I later realize I mis-typed and furthermore want to state thar my advice is just advice and is in no way meant to encourage breaking the law and so on and so on.

In a caffeine charged haste, the fantasy character I created for my virtual world has given advice or related a tale in such a way thar I create the appearance of creating some sort of racket designed to corrupt or influence others...

Alas, when I go back to edit my hasty misspelling, the system tells me I cannot.

So what gives, why can't I fix or edit my previous posts?

How can I request that these hasty error filled writings be removed?

Piratebay2490 reads

In The past I was able to edit a post and freely close my account.  I have now noticed that I cannot do either, and I have spoken with a few others who have the same issue.

With most online forums deleting a post merely hides it from publication and the field contents remain.  In the case of editing a post, the old field contents are over written.  

With respect to mining public and private forums for criminality, while the site owners may not be liable, the actual poster can be pursue and the posts can be used as part of the body evidence the way any physical writing could be used or voice or data captured via a pen register might be used.

In the US, the case could be made that a website supported an ongoing criminal exercise.  In criminal cases, website owners can be treated differently.... The framework is still evolving.  While I might not be held liable for what my users post, the users are held liable, and so the ability to correct a writing made in error becomes important.

So the real issue is this, if you are under scrutiny one could imply that by sharing information collectively about an illegal activity, that the participants were conspiring - this would be more likely in an ongoing investigation.

Now imagine someone not even affiliated with a syndicate accidentally posts a series of or even one post that implies they know something more than do.....

Well it makes one realize how careful one must be in providing "tips" particularly in the case of the us with its very broad Rico statutes.

And to set the record straight I never have nor will I share information, tips, or support regarding anything illegal. But I am still curious about my inability to delete or edit information....any TIPS?


I don't know what the time is currently set at.... maybe like 10 hours or something.

While you have a good point for wanting the ability to edit your posts, there are even better reasons to have a time limit set on the ability to do so.

You should never post anything that would aid or abet criminal activity. That's just good common sense.

If they allowed edits for any length of time, people would go back to their posts and edit them in such ways as to make the board useless to anyone looking for information.

Forum software normally gives the option to administration to send deleted posts somewhere they can be recalled or they can opt to simply delete for good and it's gone.  Yes I'm sure that somehow, somewhere there is technology that could might find the records as they once were on the server, but that level of high tech internet data mining requires too much time and expertise especially when the data may or may not be retrievable.  

Would you worry about a strand of hair you left behind at the city dump because if it was found, it could implicate you in some criminal activity ?   Surely that hair will be there forever and forever just waiting for some over zealous detective to find it and nail you.   Now add on the fact that this particular dump can only be mined by a handful of detectives..   Maybe if you worry enough, your hair will go gray and the hair you left behind will no longer be such an obvious clue ?

Well with the hair, you got dna to pinpoint it to your head..  internet posts, not so much.
they can only pinpoint your ip address which only tells them your internet service provider... they they have to get a warrant to get your internet service provider to tell them which billing address is assigned to the ip address.... then you might have 3 computers using that same ip address in your house and you got mama coming over and kids and the halloween party had teenagers all over the house and your computers.

your computer might get convicted. .. but it will be alot of work.

there's paranoia and there's schizophrenia.
sometimes they go together.

be cautious, but don't let it get you all crazy.


Also, keep in mind that laws are not retroactive.... If you post something in 2007 and then in 2009, there were laws created that banned that activity you posted about.   . You're ok.

Posted By: Piratebay
In The past I was able to edit a post and freely close my account.  I have now noticed that I cannot do either, and I have spoken with a few others who have the same issue.

With most online forums deleting a post merely hides it from publication and the field contents remain.  In the case of editing a post, the old field contents are over written.  

With respect to mining public and private forums for criminality, while the site owners may not be liable, the actual poster can be pursue and the posts can be used as part of the body evidence the way any physical writing could be used or voice or data captured via a pen register might be used.

In the US, the case could be made that a website supported an ongoing criminal exercise.  In criminal cases, website owners can be treated differently.... The framework is still evolving.  While I might not be held liable for what my users post, the users are held liable, and so the ability to correct a writing made in error becomes important.

So the real issue is this, if you are under scrutiny one could imply that by sharing information collectively about an illegal activity, that the participants were conspiring - this would be more likely in an ongoing investigation.

Now imagine someone not even affiliated with a syndicate accidentally posts a series of or even one post that implies they know something more than do.....

Well it makes one realize how careful one must be in providing "tips" particularly in the case of the us with its very broad Rico statutes.

And to set the record straight I never have nor will I share information, tips, or support regarding anything illegal. But I am still curious about my inability to delete or edit information....any TIPS?

be used against you in a court of law; or that any agency would spend the time and resources to find a way to do so.

(still not a lawyer)

Interesting . . . Mr. Fisher is right, there's no real reason to think LE wants to troll escort message boards to catch someone.  And no real reason to think anythiing could come of it.  It's like a name on the MC black book, it's worth nothing except as additional evidence in a case LE has committed the resources to bring . . .

I think it's a greater risk that a post on this Board could unmask or otherwise expose someone.  Let's say I know a poster's real name, and in the excitement of the moment I use it as if we were PM'ing.  Poster gets mad (who wouldn't), and demands that the Mod or TER remove the post.  TER has absolutely no obligation to do that and, indeed, no liability at all.  TER also has no liability if a poster writes something defamatory, unless TER disobeys a court order to remove it.

The law has not caught up with the fact that any citizen can publish something with no more effort than I am taking right now.  Permanently publish something.  For now, the balance we've struck is in favor of this new electronic medium.  For now, a post site is not liable for third-party submitted content.  Now try explaining that to a client whose ex-husband has posted something scandalous.  That's just how it is for now.  

As far as posts here are concerned, we have to rely on the fact that the last thing TER wants is for the Boards to become a place where people can get in trouble.  Of course TER would remove real names in a heartbeat.  And, I have read a lot of stupid posts -- as have we all -- but not one that I thought could get the poster in legal trouble.  Including the posts on this Board the last week so.

...post; a few hours I think.  Click on your post and at the bottom there will be a box saying "edit my post."

Again, this box is available for a limited time.  Curiously, if you are unmoderated and you modify your own post, the modified post will not appear immediately but will have to be approved by the mod.

Consider a disclaimer for each and every post...along the lines of:

"Piratebay is a fictional character. Any posts by Piratebay shall be conceived as works of fiction. Names, characters, places and incidents either are the product of the author's imagination or are used fictitiously. Any resemblance to actual persons, living or dead, events, or locales, is ENTIRELY coincidental"

(hey, it works for Bantam Books)

.02

xxx
Jinni

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