{ "id": "RL32074", "type": "CRS Report", "typeId": "REPORTS", "number": "RL32074", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 101044, "date": "2003-09-08", "retrieved": "2016-04-08T14:38:39.601544", "title": "Bomb-Making Online: Explosives, Free Speech, Criminal Law and the Internet", "summary": "Subsection 842(p) of title 18 of the United States Code outlaws teaching, demonstrating, or\ndistributing information on how to make or use explosives, destructive devices, or weapons of mass\ndestruction either when the offender intends the instruction or information to be used to commit a\nfederal crime of violence or when the offender knows that person to whom the instruction or\ninformation has been given intends to use it to a commit a federal crime of violence.\n Passage stretched over three Congresses, delayed in part by First Amendment concerns, but\nultimately bolstered by submission of the Justice Department report. The report concluded that\nterrorists' \"cookbooks\" were readily available -- on the Internet and elsewhere; that the information\nhad been and would continue to be used for criminal purposes; that existing federal law provided\nincomplete coverage; and that a legislative fix would be possible without offending First\nAmendment free speech principles.\n First Amendment concerns centered on the Supreme Court's Brandenburg decision\n which\ncomes with a requirement that any proscription of the advocacy of crime must be limited to cases\nwhere incitement is intended to be and is likely to be acted upon imminently. Subsequent judicial\ndevelopments have been thought to suggest greater flexibility where the advocacy takes the form of\ninstructing particular individuals in the commission of a specific offense. \n Complementary federal offenses include bans on instruction in the use of explosives in\nfurtherance of a civil disorder and on providing material assistance to terrorists and terrorist\norganizations. Moreover, federal law outlaws aiding and abetting, or conspiring to commit any\nfederal crime, or soliciting another to commit any federal crime of violence. Bomb-making\ninstruction might be part and parcel of aiding and abetting, conspiring to commit, or soliciting the\ncommission of a number of underlying federal crimes involving the misuse of explosives or weapons\nof mass destruction. \n This report is available in an abridged version -- without footnotes or appendix as CRS Report RS21616(pdf) , Bombs On Line: An Abridged Sketch of Federal Criminal Law .", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL32074", "sha1": "fcbf5a7d23f14b3350d4c2d81465aaaf7bcd299d", "filename": "files/20030908_RL32074_fcbf5a7d23f14b3350d4c2d81465aaaf7bcd299d.pdf", "images": null }, { "format": "HTML", "filename": "files/20030908_RL32074_fcbf5a7d23f14b3350d4c2d81465aaaf7bcd299d.html" } ], "topics": [] } ], "topics": [ "American Law", "Intelligence and National Security" ] }