Email

[Brainteaserfan]

As far as I know, it is illegal to receive an illegal attachment or email in america. So, could one email something illegal to the white house? Even better, could I write something, copyright it, and then have my sister email it, and then only prosecute the recipient?

 

Note: I'm not by any means suggesting that someone do this, I'm just wondering if it would, theoretically, work.

Edited July 9, 2011 by Brainteaserfan

[insane_alien]

Actually, it isn't illegal to recieve an illegal attachment as you have no control over it (thats a bit like saying it's illegal to be stabbed)

 

and like the stabbing scenario, there are laws being broken but not by the victim.

 

however, if you keep the illegal attachment for longer than it takes to go 'oh thats not good, delete' or inform the authorities about the person sending the illegal material. then you're commiting the offence of possessing the illegal material.

 

sending illegal material to the white house would be a bad idea, there will usually be enough information to trace the source of the material back to yourself, which will happen. and regardless of the legality of receiving the material, sending it is as sending implies possesion. of course there are exceptions when malware is involved as it is possible the sender is unaware their account is sending such material.

 

either way, the law is not as ridiculously incompetent as you seem to think it is

[Brainteaserfan]

Actually, it isn't illegal to recieve an illegal attachment as you have no control over it (thats a bit like saying it's illegal to be stabbed)

 

and like the stabbing scenario, there are laws being broken but not by the victim.

 

however, if you keep the illegal attachment for longer than it takes to go 'oh thats not good, delete' or inform the authorities about the person sending the illegal material. then you're commiting the offence of possessing the illegal material.

 

sending illegal material to the white house would be a bad idea, there will usually be enough information to trace the source of the material back to yourself, which will happen. and regardless of the legality of receiving the material, sending it is as sending implies possesion. of course there are exceptions when malware is involved as it is possible the sender is unaware their account is sending such material.

 

either way, the law is not as ridiculously incompetent as you seem to think it is

I have no evidence to support this, but I had heard that if you received a lewd photo via text msg, then you were in some kind of trouble. (sorry if I'm totally wrong, I did do some googling, but got totally unrelated results.) Wouldn't this tend to apply to email as well (if true)?

 

Yes, I realize that a court would probably find the WH cleared and the sender in huge trouble due to common sense. However, just like in computer code, the more of it, the more loopholes. That is why we use, or at least, should use, common sense in all court decisions IMO.

 

How would anyone know whether you had deleted or copied the email attachments, and what is "longer than it takes to go 'oh thats not good, delete'"?

[Cap'n Refsmmat]

I have no evidence to support this, but I had heard that if you received a lewd photo via text msg, then you were in some kind of trouble. (sorry if I'm totally wrong, I did do some googling, but got totally unrelated results.) Wouldn't this tend to apply to email as well (if true)?

You may be thinking of cases where teenagers took lewd photos of themselves and send them to other teenagers, resulting in child pornography charges against them. In some cases the police threaten to prosecute the other teenagers who receive the photos and forward them to their friends.

 

The problem is that possession of child pornography is illegal, so if it's sent to you, you are obligated to delete it immediately. I don't think you could successfully prosecute someone if you simply send them child porn and then call the cops, though.