At 14:20 28/03/03 -0800, Hallam-Baker, Phillip wrote:
If threaten to publish or continue publishing information about
someone unless they pay you that is considered extortion under
English Common Law and most US state laws. It does not matter whether
the information is true or false.
Specifically -
http://resource.lawlinks.com/Content/Legal_Research/US_code/Title_18/title_1
8_41.htm
CITE 18 USC Sec. 875
01/26/98
EXPCITE TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 41 - EXTORTION AND THREATS
(d) Whoever, with intent to extort from any person, firm,
association, or corporation, any money or other thing of value...
This is not helpful since it requires a definition of "extort". There must
be "intent to extort" for the provision to operate, which means that the
provision itself does not assist in deciding what constitutes extortion.
It is probably sufficient for present purposes to point out that the
situation is not nearly as simple as you suggest. In offences related to
larceny (which includes extortion other than perhaps extortion in public
office), there is a particular defence of "claim of right", and in this
case, you can even be mistaken about the law as long as you believed you
had a legal right to what you are claiming. No doubt this defence could be
argued.
It's not a good idea for blacklists to make demands for payment for the
"service" of removal, but it's not unambiguously illegal.
--
Troy Rollo Chairman, CAUBE.AU
asrg(_at_)troy(_dot_)rollo(_dot_)name Executive Director,
iCAUCE
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