#LAW
I'm interested in a thoughtful and critical review by lawyers versed in #RICO, for a novel legal argument applicable to 'Hosts' of disinformation websites.
Why novel? Have 'ISP's' or the 'World-Wide-Web' already been accepted as, 'Legitimate Enterprises'.
Any takers?
PROTECTION RACKET
Hosting and defending websites against cyber-threats belonging to persons promoting or allowing illegal content, including: fraudulent claims about vaccines during a global pandemic, threats to harm government officials, etc. en.wikipedia.org/wiki/Protectio…
"perpetrators of the protection racket may offer these services to protect vulnerable targets... or may simply offer to refrain from themselves carrying out threats on the targets..."
E.g., 'Providing or denying hosting services including DDoS protection, etc., for websites'
A protection racket is a scheme by a 'potentially hazardous group who guarantee protection from threats' in exchange for 'extorted payments' in cash or kind.
'Pay up or we'll drop you from our network''
"In many cases, there exists an actual and legitimate outside threat to the target of the protection racket, and the racketeers will in fact protect the target..."
"...the potential threat to the target may be caused by the same group that offers to solve it, but that fact may be concealed in order to ensure continual patronage."
"In other words, at least ostensibly, the protection racket is a racket that sells security, traditionally physical security."
"Protection rackets tend to appear in markets in which the police and judiciary cannot be counted on to provide legal protection..."
"Protection rackets are indistinguishable in practice from extortion rackets and distinguishable from private security by some degree of implied threat that the racketeers themselves may attack the business if it fails to pay for their protection."
"A distinction is possible between a "pure" extortion racket in which the racketeers might agree only not to attack a business and a broader protection racket offering some real private security in addition to such extortion."
'Pay us to Host your website posting fraudulent claims, plans, communications and threats for overthrowing government/elections or we will deny you a platform just like other legitimate Hosting services have done. We don't care what you publish as long as we get money from it.'
OVERVIEW
"A protection racket is an operation where criminals provide protection to persons and properties, settle disputes and enforce contracts in markets where the police and judicial system cannot be relied upon."
"...empirical data collected by Gambetta and Varese suggests that mafia groups are able to offer private protection to corporations and individuals in legal markets when the state fails to offer sufficient and efficient protection to the people in need."
"Two elements distinguish racketeers from legal security firms. The first element is their willingness to deploy violent forms of retribution..."
Define: Violence: 'a clashing or jarring quality'
Element 2: racketeers are willing to involve themselves in illegal markets."
"...corrupt public officials are extra-legal protectors, safeguarding local gangs, protecting illegal entrepreneurs in the criminal underworld, offering protection to businesspeople..."
""The warrior caste, supposedly society's protectors, often become protection racketeers. In times of war or crisis, power is easily stolen from the many by the few on a promise of security."
Well, shit, that just sounds like the GOP.
PAY TO PLAY
"...a growing trend in which individuals or groups may purchase radio or television airtime, much like infomercials, to broadcast content promoting the payer's interests."
Let's include the purchase of 'social media access', a contemporary 'broadcasting' medium.
ORGANIZED CRIME
A category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. Some criminal organizations are politically motivated.
USA 'FREE SPEECH EXCEPTIONS'
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include:
~ Fraud
~ Speech integral to illegal conduct
~ Speech that incites imminent lawless action
~ True threats
U.S. FREE SPEECH EXCEPTIONS
Along with communicative restrictions, less protection is afforded to uninhibited speech when the government acts as subsidizer... or regulates the...airwaves...
Airwaves?
Yes, including by wire, satellite and cable.
False statements of fact
Fighting words
Threatening the president
But...
'As Regulator of The Airwaves" comes with distinctions between the internet and traditional broadcasters...
THE COMMUNICATIONS DECENCY ACT
"Section 230 protecting Internet service providers from being liable for the words of others, was not affected by this decision and remains law"
So.
ISP's are shielded from liability for providing infrastructure for others to transmit content.
FBI enforcement is aware of offers of sham treatments and vaccines.
The AG has directed federal law enforcement to prioritize the detection, investigation, and prosecution of all criminal conduct seeking to exploit peoples’ fears during the pandemic. fbi.gov/news/pressrel/…
"The private sector is engaged as well.""
Internet providers are proactively removing malicious websites and accounts. Social media companies, financial institutions, and cybersecurity firms are working to detect COVID-19-related... schemes to defraud consumers."
Really?
"Report COVID-19-related crimes to the appropriate authorities. Criminals should take note: We in law enforcement may be practicing social distancing, but we are by no means sitting idly by."
(No exclamation mark used but the keys were struck with authority on the above message)
INTERNET FRAUD
The use of Internet services or software with Internet access to defraud victims or to otherwise take advantage of them.
"Use our online tips form or the IC3 website to report potential cases of Internet fraud."
🇷🇺
Why is a Russian, new to rural Shasta County, California, involved in local 'Militia Campaigns' conspiring to overthrow local, state and national government via propaganda, events and TV advertising paid for and prepared out of area?
Odd how he embedded himself in the scene.
"Not a damn thing you can do to stop me … You say something enough times, and it sticks in peoples minds.” – Vladislav Davidzon, 'Red, White and Blueprint' group of rural Shasta County, California
'Loved Ones' aren't the only casualties of 'QAnon' yet that's generally how it's portrayed. Global security is the ultimate casualty. Our inability to accurately portray it is rooted in human psychology.
Denialism: avoiding a psychologically uncomfortable truth. Credit success.
DENIALISM and Historical Negationism
"Denialism is an essentially irrational action that withholds the validation of a historical experience or event, when a person refuses to accept an empirically verifiable reality"
"... empirically verifiable reality"
Here's one: The QAnon phenomenon threatens global security.
Here's another: observable responses to the threat fail to reflect the severity of the threat.
If someone asked me, "What is the one trait you believe to be most applicable to your greatest successes in life?", clearly, it has been, 'Perseverance'.
"...continued effort to do or achieve something despite difficulties, failure, or opposition"
When you believe in your heart and soul that you have something of value to contribute for the greater-good but find repeated rejection, disinterest and derision yet soldier on until you accomplish your goal, your reward is personal, deep and everlasting.
The part between 'Vision and Achievement' is 'a Process'.
The process is the hardest part between vision and success and may require modifications after failures.
I've made countless mistakes, experienced many failures and felt humiliated between visions and successes.