Comment Re:People wanted this (Score 1) 78
Look, you can either get people using AI to plan crimes and "Nothing's wrong till it happens" or alert the authorities because people might be trying to plan a real crime. These are mutually exclusive routes.
Narrow and stupid thinking.
Another possibility is simply that this was over-charged because she doesn't like the police, eg, most of her crime was Contempt of Cop.
People keep cherry-picking the "in any manner in which it may be viewed by another person" but are completely ignoring the words about "to send, post, or transmit." In context, send, post, and transmit are all talking about sending to somebody, not merely "on a computer" or "in cloud storage."
Many people are also ignoring the definition of "threat," forgetting that you have to intend somebody to receive it and be frightened for it be a "threat." It isn't at all clear that a reasonable person knowing it's possible for a tech worker at the cloud diary company to review it means that any person automatically is intending to threaten somebody via that reviewer.
It's also not true that the standard of Mens Rea is that if you're an idiot you have to be imprisoned in a mental facility. "She should have read the terms" is fine for civil liability, but it doesn't satisfy mens rea. "The defendant must be conscious of the “facts that make his conduct fit the definition of the offense." See: Staples v. United States, 511 US 600 (1994)." https://ancillary-proxy.atarimworker.io?url=https%3A%2F%2Fwww.law.cornell.edu%2Fwe... If she didn't understand that a human might read her diary, then there's no threat crime there. And if she understood people would read it, she probably wouldn't put her diary there, as it is a type of document that is customarily private.