Crime

Don't Threaten A Federal Judge -- Yes That Applies To You Anonymous Commenters

The internet can be a dark and scary place full of bullies and hatred -- so you can only imagine the garbage spewed at Judge Katherine Forrest after she threw the book at Ross Ulbricht of Silk Road infamy.

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In the best and most benign of circumstances, the internet can be a dark and scary place full of bullies and hatred. So, I can only imagine the garbage that was spewed at Southern District of New York District Judge (and ex-Cravath partner) Katherine Forrest after she threw the book at Ross Ulbricht (despite pleas for leniency) for his role in Silk Road, the online black market that dabbled in all manner of illegalities. Judge Forrest sentenced Ulbricht to life in prison without the possibility of parole, a severe sentence for a man who sought to operate outside of the law.

Reaction to Judge Forrest’s sentence, particularly in libertarian corners that see websites like Silk Road as a locus of civil liberties and freedom, has been harsh. In particular, when Reason.com published an article on Ulbricht’s sentence, the commenters had a field day ripping her apart.

AgammamonI5.31.15 @ lO:47AMltt
Its judges like these that should be taken out back and shot.

AlanI5.31.15 @ 12:09PMltt
It’s judges like these that will be taken out back and shot.
FTFY.

croakerI6.1.15 @ 11:06AMltt
Why waste ammunition? Wood chippers get the message across clearly. Especially if you feed them in feet first.

Cloudbusterl6.l.15 @ 2:40PMIIt
Why do it out back? Shoot them out front, on the steps of the courthouse.

Rhywunl5.3l.15 @ 11:35AMIIt
I hope there is a special place in hell reserved for that horrible woman.

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AlanI5.31.15 @ 12:11PMIIt
There is.

Product PlacementI5.31.15 @ 1:22PMIIt
I’d prefer a hellish place on Earth be reserved for her as well.

croakerl6.l.15 @ 11:09AMIIt
Fuck that. I don’t want to oay for that cunt’s food, housing, and medical. Send her through the wood chipper.

Delightful.

Maybe these folks just thought they were blowing off steam, but that isn’t how the Department of Justice is taking it. They are treating the comments as threats and have subpoenaed Reason.com for information related to the posts cited above. The subpoena, obtained by legal blog Popehat, requests account information including associated address(es), email address(es), telephone numbers(s), IP address(es) associated with the postings, billing information to include credit card/bank information, and associated devices connected to the user.

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Of course the relevant comments may not constitute a “true threat” to Judge Forrest (the relevant standard under 18 U.S. Code § 875, prohibiting interstate threats, a suspected violation of which is referenced in the subpoena). There are commentators who think the posts were “obvious bluster,” but the legal consequences of the posts may be supercharged if they’re construed as a threat against a Federal judge, in violation of 18 U.S. Code § 115.

Too bad the Supreme Court just punted on defining what counts as a “true threat” in an online context. Social media and other online communications are increasingly essential to our everyday lives, and what constitutes acceptable behavior — or at least law-abiding behavior — in that arena is a vital question. Unfortunately, the standard is murky, and the Supreme Court doesn’t seem inclined to clear it up.

Silk Road Trial: Read Ross Ulbricht’s Haunting Sentencing Letter to Judge [Reason.com]
Department Of Justice Uses Grand Jury Subpoena To Identify Anonymous Commenters on a Silk Road Post at Reason.com [Popehat]
Did Reason Magazine Give The Feds Info About Its Online Readers? [Talking Points Memo]

Earlier: Supreme Court’s Big 1st Amendment Case Fails To Address 1st Amendment

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