{ "id": "RS21616", "type": "CRS Report", "typeId": "REPORTS", "number": "RS21616", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 104511, "date": "2003-09-10", "retrieved": "2016-04-08T14:38:23.291544", "title": "Bomb-Making Online: An Abridged Sketch of Federal Criminal Law", "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 a person to whom the instruction or\ninformation has been given intends to use it to 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 a Justice Department report. The report concluded that\nterrorist \"cookbooks\" were readily available-- on the Internet and elsewhere; that the information had\nbeen 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. First Amendment concerns centered on the Supreme Court's\n Brandenburg decision which comes with a requirement that any proscription of the\nadvocacy of\ncrime must be limited to cases where incitement is intended to be and is likely to be acted upon\nimminently. Subsequent judicial developments have been thought to suggest greater flexibility\nwhere the advocacy takes the form of instructing particular individuals in the commission of a\nspecific 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 an abridged version -- without footnotes or appendix -- of CRS Report RL32074(pdf) ,\n Bombs On Line: Explosives, Free Speech, Criminal Law & the Internet .", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RS21616", "sha1": "80cb2855e9d330a6a9bf2a60a35b7d639cfaf60a", "filename": "files/20030910_RS21616_80cb2855e9d330a6a9bf2a60a35b7d639cfaf60a.pdf", "images": null }, { "format": "HTML", "filename": "files/20030910_RS21616_80cb2855e9d330a6a9bf2a60a35b7d639cfaf60a.html" } ], "topics": [] } ], "topics": [ "American Law" ] }