September 27, 2009 5:34:45 PM by
In today's Wall Street Journal, columnist L. Gordon Crovitz examines the minefield that is cutting-edge technology and the criminal law. Using case studies discussed in Three Felonies a Day, where seemingly law-abiding citizens became federal felons, Crovitz describes how "technology exacerbates the problem of laws so open and vague that they are hard to abide by, to the point that we have all become potential criminals."
Boston civil-liberties lawyer Harvey Silverglate calls his new book "Three Felonies a Day," referring to the number of crimes he estimates the average American now unwittingly commits because of vague laws. New technology adds its own complexity, making innocent activity potentially criminal.To access the column the Wall Street Journal site, click here. To view the print edition in your browser, read more below.
August 23, 2009 5:09:07 PM by
A former trader for Goldman Sachs was arrested last month for allegedly stealing code from his employer. The resulting case, as Alex Berenson writes in today's New York Times, offers "a glimpse into the turbulent world of ultrafast computerized stock trading." One aspect in particular is the government's role in the case, and how what would normally considered a civil infraction has been handled by the criminal authorities, including the FBI.
Read on at nytimes.com.
Harvey A. Silverglate, a criminal defense lawyer in Boston not involved in the case, said he was troubled that the F.B.I. had arrested Mr. Aleynikov so quickly, without evidence that he had made any effort to use or sell the code. Such disputes are generally resolved civilly rather than criminally, Mr. Silverglate said.
“It is astonishing that the F.B.I. arrested this defendant at all,” he said. Other firms have also sued former employees recently over concern about high-frequency trading software, though two similar cases are the subject of civil suits rather than criminal prosecution.
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