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  • Moderation
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Cross-posts
  1. https://sh.itjust.works/post/27913098
  • Kalcifer@sh.itjust.worksOP
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    21 days ago

    It comes down to the individual company on whether or not to fight requests for user information.

    Wouldn’t this simply be obstruction of justice?

      • Kalcifer@sh.itjust.worksOP
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        21 days ago

        Sure, but (in the USA) an investigation precedes a criminal case [2], and a court order is part of that. I directly cite, for example, 18 U.S. Code § 1509 - Obstruction of court orders [1]:

        Whoever, by threats or force, willfully prevents, obstructs, impedes, or interferes with, or willfully attempts to prevent, obstruct, impede, or interfere with, the due exercise of rights or the performance of duties under any order, judgment, or decree of a court of the United States, shall be fined under this title or imprisoned not more than one year, or both.

        References
        1. “18 U.S. Code § 1509 - Obstruction of court orders”. Legal Information Institute. Cornell Law School. Accessed: 2024-11-12T00:42Z. https://www.law.cornell.edu/uscode/text/18/1509.
        2. “A Brief Description of the Federal Criminal Justice Process”. FBI. Accessed: 2024-11-12T00:46Z. https://www.fbi.gov/how-we-can-help-you/victim-services/a-brief-description-of-the-federal-criminal-justice-process.
          • §“I. The Pretrial Stage”. §“Investigations, Grand Juries, and Arrests”. ¶1.

            If a crime is brought to the attention of federal authorities, whether by a victim of the crime or a witness to it (e.g., a bank robbery), a federal law enforcement agency will undertake an investigation to determine whether a federal offense was committed and, if so, who committed it. […]