The growth of technology has exceeded our ability to predict its consequences in almost every sphere of our lives, including our response to defining and punishing the criminal use of the Internet.
Two recent federal cases, one arising in the Eastern District of Pennsylvania (Elonis v. United States, 135 S.Ct. 2001 (June 25, 2015)), and the other in the District of Delaware (United States v. Matusiewicz, Docket No. 1:13-cr-00083 (D. Del. Aug 06, 2013)), highlight the challenges of punishing harmful expression through telecommunications. An examination of these two cases demonstrates the challenges we expect to see in the next few years as society continues to struggle with the ubiquity of the Internet.
