From: Greg Broiles <greg@ideath.goldenbear.com>
Date: Mon, 17 Jul 95 23:27:27 PDT
To: cypherpunks@toad.com
Subject: Re: Anti-Electronic Racketeering Act of 1995
Message-ID: <199507180523.AA01552@ideath.goldenbear.com>
MIME-Version: 1.0
Content-Type: text


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To: Andrew.Spring@ping.be
Andrew Spring writes:

>So I'm wondering who this RICO stuff applies to.  The guy who wrote it and
>uploaded it to an FTP site?  He's not profiting.  The guy who uses it? He
>didn't commit the predicate act.  Who?

RICO does not require that either the enterprise or the predicate acts
were motivated by (hope of) economic gain. _National Organization for Women
v. Scheidler_, 114 S.Ct. 798, 127 L.Ed.2d 99 (1994) or
ftp://ftp.cwru.edu/hermes/ascii/92-780.ZO.filt

Looks like Bob Dornan wants to change that, though (probably because RICO
was used to sue anti-abortion terrorists). He introduced HR 230 which
would amend 18 USC 1961(5) to require "profit-seeking purpose" to establish
a RICO "enterprise". THOMAS says that HR 230 is in the House Judiciary
Committee. 

RICO is at http://www.law.cornell.edu:80/uscode/18/ch96.html et seq :) 
for the curious.


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