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I think this case will create case law which demonstrates exactly this - the US is still ruled by the SPIRIT OF THE LAW rather than the LETTER OF THE LAW. It has been for a very long time and this is something some people have a hard time understanding. Mark my words
Sure. Law enforcement officers are given a very wide range in discretion when enforcing laws - they have the power to decide to arrest you for a crime that they choose not to arrested and prosecute me for, given a set of circumstances.
It is for this very reason that so many people get frustrated with police officers in the US - they may stop and write you a ticket for speeding and allow a drunk driver to pass right by. They may choose to pull someone over for a tail light out because they are a gang member
The letter of the law empowers law enforcement to enforce the SPIRIT OF THE LAW. However, it is the SPIRIT of the law which is actually enforced... The letter just provides the grounds... https://en.wikipedia.org/wiki/Letter_and_spirit_of_the_law …
The way that this applies to the Facebook case is that Zuckerberg (and other social media companies) argue "Well, in ouir 500 pg privacy policy, you technically agreed to give us all of this information." That is a LETTER OF THE LAW claim...
Letter of the law being yes, TECHNICALLY the user agreed. However, the spirit is totally different - the user DID NOT "really" agree because the letter of the law was written in such a way that the user either did not understand or could not bother to read 500 pages
Does this make sense? If not, I urge you to read that Wikipedia link and perhaps do some more searching for letter vs spirit of the law
Yeap, definitely makes more sense now. Thanks Todd!
In my gang member example, the LETTER of the law says "you shall not drive with a tail light out" but the SPIRIT of the law says "We should stop this gang member because is probably up to no good." Does this make sense?
In the US, most law enforcement officers don't really care if you have a light on your car out - but they care if someone is driving drunk, or just robbed a store, or is kidnapping someone, etc... That is the SPIRIT behind the law and that is how the law is primarily enforced.
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