[governance] Bloomberg - The Overzealous Prosecution of Aaron Swartz

[Riaz K Tayob]

Thanks for this info, very interesting take...

If one looks at what Bush tried to do for BigPharma - it was to reduce 
liability for safety of their patented products. So "immunity" can move 
in multiple directions... including like 3 strikes for ISPs etc... which 
plays out again the old industries vs the new...

riaz


On 2013/01/19 09:06 PM, Paul Lehto wrote:
> gotten much much better at charging only guilty people relative to 
> prosecutors only ten years ago, which is a quite unlikely proposition).
>
> Although prosecutorial immunity is indeed a problem, and this immunity 
> is often considered absolute or quasi-absolute when the activity in 
> question is the filing of charges or things that take place in court, 
> not all actions of prosecutors are so immune.  A somewhat lower 
> standard applies when prosecutors act in an investigatory function.  
> If a complaint can be styled regarding the improper investigation of a 
> charged crime and it can be shown that the prosecutor was directing 
> the investigation (which they usually do, provided they are involved 
> at that point) then there is a better chance of making a claim.  But 
> here, note that the prosecutor's choice to file overzealous charges in 
> court would still be subject to the near-absolute immunity standard.


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