this post was submitted on 26 Apr 2025
625 points (100.0% liked)
Technology
69545 readers
3506 users here now
This is a most excellent place for technology news and articles.
Our Rules
- Follow the lemmy.world rules.
- Only tech related news or articles.
- Be excellent to each other!
- Mod approved content bots can post up to 10 articles per day.
- Threads asking for personal tech support may be deleted.
- Politics threads may be removed.
- No memes allowed as posts, OK to post as comments.
- Only approved bots from the list below, this includes using AI responses and summaries. To ask if your bot can be added please contact a mod.
- Check for duplicates before posting, duplicates may be removed
- Accounts 7 days and younger will have their posts automatically removed.
Approved Bots
founded 2 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
I've always wondered, is this illegal? Like obviously it is if they've already been subpoenaed or something.
Nah it's illegal to deliberately destroy data to impede investigations. You don't need to have an open investigation for that to be the case.
It remains legal to get rid of old files to free up space or if you genuinely believe they aren't necessary, though, so you need to prove intent.
If there's a subpeona or something, their destruction is itself a crime, but under this law, its the intent to defraud the courts that's illegal, and that intent is always illegal.
The law exists specifically for this situation. Purging important business documents preemptively is clearly not OK.
Citation: https://legalclarity.org/18-u-s-c-1519-destruction-alteration-or-falsification-of-records/
Do you happen to know when the last time was that a rich company was prosecuted for this?
It seems a lot like the perjury laws: there to scare poor people into telling the truth because of almost non-existant prosecution of it.
And if it is a fine and not jail time (white collar crimes are almost never jail time) the fine would have to be much larger than the penalties they would not have to pay because of the crime, otherwise it is simply a net win for the company
Companies don't get jail time.
Sure, technically an individual could, but generally the actual destruction is an employee doing what they're told to do. They're somewhat complicit but the real problem is the c-suite people.
I unfortunately don't know when this last happened or any specific details on what the penalty would be, but I feel fairly confident that this law falls under the "cost of doing business" part of illegal corporate activity. I wish it didn't.