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by Zak
646 days ago
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You've described the legal mental state of negligence, and it's true that some crimes use it. Some jurisdictions have "criminally negligent homicide" as a crime with a lower penalty than manslaughter (reckless homicide) for example. A look at federal drug distribution statutes in the USA[0] shows the mental state used for most of the forbidden acts is "intentionally" or "knowingly". Other jurisdictions could have different laws, but in the USA, it does appear the prosecutor has to prove that a drug mule knew what they were doing. Similarly, the federal statute in the USA criminalizing distribution and transmission of child pornography[1] says "knowingly". Someone operating an ISP, an internet router, a VPN, or an exit node has no obligation (and often no ability) to inspect the data they're transmitting to find out if it contains child pornography, and knowing that there's a certain probability a given amount of random traffic contains some does not trigger criminal liability because the operator does not know that any particular data is child pornography. In another comment you mentioned that ISPs can aid law enforcement because they know details about their customers. They usually do for billing purposes, but in many jurisdictions they're not required to. There is not, to my knowledge a KYC law in the USA for providing internet service. [0] https://www.law.cornell.edu/uscode/text/21/841 [1] https://www.law.cornell.edu/uscode/text/18/2252A |
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Imagine the government tells the mule that their employer is shipping dugs in these packages, and the mule still tries to claim that they didn't know that they might be transporting drugs.