Re: CD of all Files on Asimov

[swhite@medicine.bsd.uchicago.edu (Steve White)]

In article <32423873.C84@inreach.com>, roberta@inreach.com wrote:

> Steve White wrote:
> > 
> > 
> > The law states clearly that all citizens have the obligation to uphold the
> > law and to cooperate with all legal authorities. This is common law dating
> > back about 400 years or so. My lawyer friends tell me that you are not
> > just invited to assist the law, you are EXPECTED to.
> > 


> Did you lawyer friend ever tell you about the fifth amendment?  Based on
> the constitution we are NOT EXPECTED to do or say anything we do not
> want to.


Oh yes, my lawyer friend explained the Fifth. You see, it applies only to
things that incriminate YOU. You cannot be compelled to testify against
YOURSELF (and, courts have held, close members of your family). You cannot
be forced to be a witness against yourself. You CERTAINLY can be compelled
to testify against someone else if the testimony isn't going to be used
against YOU.

Check out what prosecutors, judges and grand juries do with immunity
pledges and contempt citations: it happens all the time. As long as there
is no threat against you, you are expected to comply with the law and
assist in its enforcement. That's common law, modified by the restrictions
of the Fifth Amendment.

My lawyer friend tells me that (as a relevant example) were you to be a
witness in a court case or grand jury proceeding on the Asimov site, you
could be compelled, under threat of contempt, to answer whether you know
if pirated software is at that site, and when, and generally what was
there. But you can't be compelled to answer if you personally downloaded
any of it. If then the prosecutor offered you immunity for your testimony,
you then could be compelled (against under threat of contempt) to answer
if you in fact did download pirated software from Asimov. Again this is
just an example and I don't accuse anyone in particular.

No judge or prosecutor can compel you to be a witness against yourself.
But Nathan and Joe have every right to cooperate with authorities to have
the site shut down.

Thanks for asking. Hope I clarified that for you.



steve