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by jpwright 4516 days ago
The article explains the case pretty well:

> ...the language in the subpoena reads much like the state’s computer fraud act, which carries some stiff penalties. Last year, New Jersey alleged that E-Sports Entertainment (ESEA) hijacked their [subscribers'] computing power to mine Bitcoins... the state believes Tidbit may similarly violate consumers’ rights.

According to the EFF:

> the New Jersey Division of Consumer Affairs issued a subpoena to Rubin, requesting he turn over Tidbit's past and current source code, as well as other documents and agreements with any third parties. It also issued 27 interrogatories -- formal written questions -- requesting additional documents and ordering Rubin to turn over information like the names and identities of all Bitcoin wallet addresses associated with Tidbit, a list of all websites running Tidbit's code and the name of anybody whose computer mined for Bitcoins through the use of Tidbit, although Tidbit's code was not configured to mine for Bitcoins.

https://www.eff.org/deeplinks/2014/02/eff-challenges-new-jer...
1 comments
lukifer 4516 days ago
It reads "much like" the computer fraud act, but that doesn't mean a case was brought forward. Can a subpoena really be issued without a corresponding case?
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DannyBee 4516 days ago
When subpoenas can be issued, by who, and when, varies from state to state (and in the federal world, agency to agency). There are definitely administrative subpoenas, investigatory subpoenas, etc, depending on who and where.

Back in 2000 (best data i can find on short notice), at least 12 states permitted prosecutors to serve investigative subpoenas on targets, witnesses, and record keepers before they charge a person with a crime

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bmelton 4516 days ago
Where the state wants to, it can press charges on its own. It's up to the prosecutors, generally. This is why there are cases like "so and so vs. New Jersey". In cases like murder and such, the state is the only viable prosecutor, which is why the prosecutor works for the state.

That said, I don't know the procedure for determining whether or not an actual crime has been committed, and without there being an actual case in hand, I have no idea if the subpoenas are valid.

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