Should blackmail remain illegal?

[MacGuffin]

Before you decide you could read this:

The Crime of Blackmail: A Libertarian Critique (http://141.164.133.3/faculty/Block/Blockarticles/crimeofblackmail.htm).

I have for years struggled with the idea that blackmail should be illegal. I figure, if you don't want to be blackmailed, don't be hypocrite. Don't act like you did or say something you are not willing to be accountable for.

The only exceptions are things that might have privacy concerns: medical info, financial info (like bank account numbers), etc.

Otherwise, I think blackmail should be legal. So I vote yes.

I have seen one scenario where someone talked about blackmailing a Jew during Nazi Germany if it was not known that person was a Jew. I don't find that relevant. Keep blackmail illegal so the person will just go ahead and turn the Jew in? A person's morality will be the dominant influence here, blackmail or not.

Also, please not the difference between blackmail (exposing secret info) and extortion (threats of violence). I think the latter should remain illegal.

Thoughts?

[MacGuffin]

Oh sorry - the (possibly with some restrictions) should be on the "No" selection of the poll.

Maybe a mod can change it?

[booyalab]

I dont know, because while I agree that people shouldn't be hypocritical and should be accountable for their actions, blackmail is done for selfish purposes. The immorality being exposed doesn't necessarily have anything to do with collective morality. So it's not like some wrong to society has been vindicated through the process of employee Joe threatening to sell pictures of boss Ted having an affair to the press in exchange for letting him keep his job.

Also, the media blows things out of proportion, so the backlash someone could receive from having some mistake surface might be detrimental to more than is even fair.

[songbird36]

The more interesting issue for me is whether blackmail should be an *offence*. The theory behind the criminal law is that the public (or State) has been harmed in some way by the wrong that is the offence. In the case of blackmail this is arguably not the case.

Perhaps then it should be in the realm of the civil law (i.e. a person should be able to sue for damages for the harm caused by blackmail, but not launch a prosecution in respect of it).

[mgb]

The more interesting issue for me is whether blackmail should be an *offence*. The theory behind the criminal law is that the public (or State) has been harmed in some way by the wrong that is the offence. In the case of blackmail this is arguably not the case.

Perhaps then it should be in the realm of the civil law (i.e. a person should be able to sue for damages for the harm caused by blackmail, but not launch a prosecution in respect of it).

To some extent, most Vice crimes would fall under your definition of an offense.

I say it should be a crime. If for no other reason than because none of us are perfect. It's pretty natural for someone to try and resist self-incrimination on any level.

As well, what is to stop someone from countering the attempted blackmail with violence if blackmail becomes legal. Someone could easily make a self defense claim if they think their life will be over or violence will come to them as a result of the blackmail information being leaked. For example, an abused wife having an affair might have the right to kill the blackmailer because she has a reasonable expectation that her husband may kill her if he discovers her infidelity.

[C.J.Woolf]

...blackmail is done for selfish purposes. The immorality being exposed doesn't necessarily have anything to do with collective morality.
"We don't morally censure; we only want the money." -- Monty Python, "Blackmail"

[kuranes]

There are a number of "illegal" things that are victimless and shouldn't be illegal that one could still be blackmailed about. One could argue that we should avoid such things and therefore avoid being blackmailed about them, but what if you don't want to wait for the day when lawmakers finally see the light, and stop making such things illegal? You could be a victim. So I think it should remain a crime. I might be tempted then to blackmail the blackmailer for blackmailing me, though. K

[Claverhouse]

Blackmail is dishonourable, therefore it is a crime.



Claverhouse :ph34r:


[ The usual suspect: sometimes, a mild blackmail may be justified in order to avert a greater peril --- as I think Bismarck and Disraeli as ethical statesmen might agree: eg, to stop a war or someone beating up his children; but not for personal profit, nor on sex grounds ( like threatening to out someone ). ]

[MacGuffin]

As well, what is to stop someone from countering the attempted blackmail with violence if blackmail becomes legal. Someone could easily make a self defense claim if they think their life will be over or violence will come to them as a result of the blackmail information being leaked. For example, an abused wife having an affair might have the right to kill the blackmailer because she has a reasonable expectation that her husband may kill her if he discovers her infidelity.
Yes, but I don't think that is very different now. Maybe the blackmailer does not attempt blackmail since it is illegal, but if s/he does the exact same situation could arise. The wife would still feel compeled to kill the blackmailer. She can't go to the police, otherwise her affair will still come to light in prosecuting the blackmailer.

[mgb]

Where is the blackmail/extortion line?

Should extortion be legal as well?

[MacGuffin]

Extortion involves threatening violence.

[mgb]

Extortion involves threatening violence.

But can't violence be an explicit threat in many cases of blackmail? Like, once this gets out someone is going to kill you?

[mgb]

another question..

Could blackmail then involve a legally binding contract once the terms of the blackmail have been met? What if that is broken? Is there a limit to the blackmailing?

[MacGuffin]

another question..

Could blackmail then involve a legally binding contract once the terms of the blackmail have been met? What if that is broken? Is there a limit to the blackmailing?
That was a point raised in the article in my first post. Since there is no "blackmail contract" now, a person could keep blackmailing a person over and over.

If blackmailing is made legal, perhaps only blackmail formalized in a contract should be legal. And if terms are broken, the victim can sue for damages.

[crule81]

That was a point raised in the article in my first post. Since there is no "blackmail contract" now, a person could keep blackmailing a person over and over.

If blackmailing is made legal, perhaps only blackmail formalized in a contract should be legal. And if terms are broken, the victim can sue for damages.

I hate contracts.

[MacGuffin]

I hate contracts.
"Break a deal, spin the wheel!"

[mgb]

Would there be more blackmail if it is legal? And what stops people from doing it now?

Could you tax/write off blackmail profits/losses?

[MacGuffin]

Would there be more blackmail if it is legal? And what stops people from doing it now?
I don't know. I think people would be more likely to engage in blackmail if it was legal. But perhaps people would not do anything likely to attract blackmail - or just hide it better.

Some people view blackmail as morally wrong. Others are just scared by its illegality. Even if legal, I doubt I'd do it. It feels wrong. But circumstances could change my opinion....

[CoHo]

Would there be more blackmail if it is legal? And what stops people from doing it now?

I would create a website called YouNakedNow.com and I would run around town snapping photos of people that accidentally didn't close blinds while changing. I would post a picture of the face and address and charge $20 a month for people that didn't want their pictures completely released. If they didn't pay in three months the pictures become public domain.

[kuranes]

Your www.younakednow corporation would be a whore.

[coffeezombie]

I would probably want murder to be legal if someone who I had once trusted with private information tried to blackmail me.