From: John Young <jya@pipeline.com>
Date: Tue, 3 Nov 1998 10:29:18 +0800
To: cypherpunks@cyberpass.net
Subject: RE: Bic-Assassins Convicted (fwd)
In-Reply-To: <199811030021.SAA02609@einstein.ssz.com>
Message-ID: <199811030150.UAA07116@camel14.mindspring.com>
MIME-Version: 1.0
Content-Type: text/plain



Jim Choate asked:

>If they had threatened just a plain old citizen with this 
>email would they also be facing this life imprisonment?

Apparently the charges would have been the same if made 
against any 

  "person within the United States, and the results of such 
  use affect interstate or foreign commerce or, in the case 
  of a threat, attempt, or conspiracy, would have affected 
  interstate or foreign commerce." (see below)

The use of E-mail was incidental to the charges of both 
conspiracy and threatening to use weapons of mass destruction:

  18:2332(a)(2) and (c)(2)(C). Conspiracy to use a weapon 
  of mass destruction against person(s) w/in the U.S. 
  the results of which affected interstate & foreign 
  commerce.  Offense dates:  3/24/98 - 6/30/98.  Penalty:  
  Any term of years or for life, $250,000, 5 yrs SRT.  (1)

  18:2332a(a)(2) and (c)(2)(C) and 2.  Threatening to use a
  weapon of mass destruction. Offense date:  6/26/98
  Penalty:  any term of years or Proceedings include all events.
  for life, $250,000, 5 yrs SRT as to ea ct. (2 - 8)

The eight counts are for the one count of conspiracy and
threats against seven federal agencies ("employees and
families"):

  The President
  ATF
  FBI
  DEA
  IRS
  Secret Service
  Custom Service

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The crimes are defined in 18 USC 2332a, below.

Source: http://law.house.gov/usc.htm

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES

CHAPTER 113B - TERRORISM

Sec. 2332a. Use of weapons of mass destruction

 (a) Offense Against a National of the United States or Within the
United States. - A person who, without lawful authority, uses,
threatens, or attempts or conspires to use, a weapon of mass

destruction, including any biological agent, toxin, or vector (as
those terms are defined in section 178) -

   (2) against any person within the United States, and the
  results of such use affect interstate or foreign commerce or, in
  the case of a threat, attempt, or conspiracy, would have affected
  interstate or foreign commerce;

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 (c) Definitions. - For purposes of this section -

   (2) the term ''weapon of mass destruction'' means -

      (A) any destructive device as defined in section 921 of this
     title;

      (B) any weapon that is designed or intended to cause death or
     serious bodily injury through the release, dissemination, or
     impact of toxic or poisonous chemicals, or their precursors;

      (C) any weapon involving a disease organism; or

      (D) any weapon that is designed to release radiation or
     radioactivity at a level dangerous to human life.

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CHAPTER 10 - BIOLOGICAL WEAPONS
Sec. 178. Definitions

  As used in this chapter -

    (1) the term ''biological agent'' means any micro-organism,
  virus, infectious substance, or biological product that may be
  engineered as a result of biotechnology, or any naturally
  occurring or bioengineered component of any such microorganism,
  virus, infectious substance, or biological product, capable of
  causing -

      (A) death, disease, or other biological malfunction in a
    human, an animal, a plant, or another living organism;

      (B) deterioration of food, water, equipment, supplies, or
    material of any kind; or

      (C) deleterious alteration of the environment;

    (2) the term ''toxin'' means the toxic material of plants,
  animals, microorganisms, viruses, fungi, or infectious
  substances, or a recombinant molecule, whatever its origin or
  method of production, including -

      (A) any poisonous substance or biological product that may be
    engineered as a result of biotechnology produced by a living
    organism; or

      (B) any poisonous isomer or biological product, homolog, or
    derivative of such a substance;

    (3) the term ''delivery system'' means -

      (A) any apparatus, equipment, device, or means of delivery
    specifically designed to deliver or disseminate a biological
    agent, toxin, or vector; or

      (B) any vector;

    (4) the term ''vector'' means a living organism, or molecule,
  including a recombinant molecule, or biological product that may
  be engineered as a result of biotechnology, capable of carrying a
  biological agent or toxin to a host; and

    (5) the term ''national of the United States'' has the meaning
  prescribed in section 101(a)(22) of the Immigration and
  Nationality Act (8 U.S.C. 1101(a)(22)).

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Crime of 18 USC 2 not shown.