[droidno9]

18 U.S. Code § 4. Misprision of felony -- Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

This statute doesn't require an active investigation.

[tdrp]

Not a lawyer but what does "conceal" mean when it comes to websites like forums? You often see probably illegal stuff show up on popular forums and they eventually get banned/removed by moderators. Does that mean the moderators "concealed" it and are therefore liable?

[JakeTheAndroid]

I am also not a lawyer, but I think this sentence is what does it:

> actual commission of a felony cognizable by a court of the United States

Illegal isn't always a cognizable (ie: perceptible; clearly identifiable.) felony by a court. In this case, not only did the two hackers clearly commit a felony, the lack of reporting it lead to the exact same type of breach conducted by the same two individuals against another site Lynda.com.

That suggests they had clear evidence of a felony and knew of intent to commit future felonies. And the two hackers were caught and going through the court stuff now, they even plead guilty. So thats basically a slam dunk on a cognizable felony.