Can I Get In Trouble For Writing How To Do Something "Illegal"?

An-D

So, a while ago I made a thread asking the best way for an American to get to Cuba. Than I went to Cuba. Yay! It was pretty great.

Anyway, I want to put a blog-post up in my site about how I successfully pulled off my 5 days in Cuba without the US Government finding out and coming down on me. Can I get in trouble for doing that? Will some dudes in black suits and glasses pull up and yank me into their scary black SUVs?

I am leaning towards 'I'm being paranoid' but I'd like a second opinion. Or three.

Perpetual

http://www.seattlepi.com/getaways/012298/cbar22.html

Robman

If you do something extra-legal, don't fucking brag about it on your website. It's like the difference between fucking a girl, and fucking a girl then bragging about it to her parents.

Perpetual

I don't think it would matter very much, unless your website has information that can be used to identify you.

An-D

I'm not doing this to brag, I'm doing this because there is a lot of different information about how to get to Cuba and a lot of it quickly becomes outdated. I really just want to give people information to visit an extraordinary country.

And my website has tons of information linking it to me. The web address is essentially my name.

see317

IANAL
Just to get that out of the way.

I'm fairly certain that you could get in trouble for writing about it. Especially if you include detailed instructions on how to circumvent the law. That kind of thing tends to tweak some noses.

That said, the likelyhood of you getting in trouble for it is fairly small. It's only likely to get noticed by the government if someone brings it to their attention, and at the moment I'd think (and hope) they have more important things to do with their time and my money then bust someone for taking a trip to Cuba and posting a slideshow.

Eat it You Nasty Pig.

Define "trouble."

The feds aren't going to find your website and come arrest you, if that is what you're asking. On the other hand if anyone ever has any reason to look into you (employment, security clearance, other criminal investigation, etc), they're going to find your website.

edit: also yeah, when you do something that's against the law, telling everyone about it generally makes you a silly goose. One would think that this would be obvious, but hey

An-D

Well, I'm gonna pull a IANAL and say that as far as I understand it, *traveling* to Cuba is not illegal. Its just the spending money there part that the whole 'breaking the embargo' deal starts making things difficult.

I guess I'm more confused that if I write about just the travel part, is that illegal? The embargo is dumb and I feel *morally* right in writing about my experience, but at the same time....*morally* right and *legally* right don't always meet where they should.

Perpetual

Traveling to Cuba is indeed illegal if you are a US Citizen, unless you have family there.

The moment they see the Cuban stamps on your passport they will start asking questions.

An-D

Cuba doesn't stamp passports. <-- *example of accurate information I feel I can provide*

starmanbrand

For those just joining us...This is the thread so far!
OP: I did something illegal. Should I make a website about how I did it?
Replies: This seems like a bad idea, even if you don't get tossed in jail or anything.
OP: I think I should do what I want.

Perpetual

An-D wrote: »

Cuba doesn't stamp passports. <-- *example of accurate information I feel I can provide*

So you did not read the link I gave you then.

Direct quote from it:

At the Nassau office of Havanatur, one of Cuba's state-owned travel agencies, fliers advertise that Cuban immigration officials won't stamp passports held by U.S. citizens entering the country.

Don't believe it. While Cuban inspectors traditionally have not stamped U.S. passports, the policy apparently has changed. They have begun stamping page 16 of American passports with an odd stamp -- something like the outline of a building within a small square and with a number at the bottom -- either upon entry, exit or both.

Two young American men transiting through Nassau as they returned from an illegal tourist visit to Cuba last month said Cuban authorities did not stamp their passports when they entered Cuba, but were shocked to find their passports were marked with the odd stamp on the way out.

Yours must have been a lucky oversight.

An-D

A lot can change in 12 years, man.

LadyM

This just seems like an all around terrible idea.

An-D

Enough people have made me paranoid. Gonna post pictures but not my post about how to do it. I'll just save it until I find something that'll make it safe.

2868

What? Plenty of people go to Cuba illegally and document their travels. In film and blog form. You won't get in legal go to jail trouble.

You may get contacted by OFAC if they think you traded with the enemy. If your blog posts evidence of this you could incur a maximum fine of 7500 bucks. You won't get a criminal record or jail time.

It's a civil case, not criminal, but it would be a headache and a wallet ache, nothing more.

An-D

All I'm really going to talk about is the 'How to get there' part. As long as that is pre-paid, and I didn't use Cubana airlines, I should be solid.

CygnusZ

An-D wrote: »

Enough people have made me paranoid. Gonna post pictures but not my post about how to do it. I'll just save it until I find something that'll make it safe.

IANAL

I think you might have this backwards. I think you can write about how to break the law, but you shouldn't be posting photographic evidence that you actually did. For example, the Anarchist Cookbook by William Powell hasn't been declared illegal, despite the fact it explains how to make counterfeit money, create fake IDs and make explosives out of bleach.

shadydentist

Perpetual wrote: »

I don't think it would matter very much, unless your website has information that can be used to identify you.

A pointer, every website you visit has information that can be used to identify you.

Including this one.

Raneados

yeah unless you're running crazy encryptions or hacking the planet, you're identifiable on the internet

ESPECIALLY if you buy webspace

oldsak

If you have valuable information to share, but are afraid you might get in trouble for incriminating yourself, then the logical thing to do is to share the information without using the first person.

Instead of "How I went to Cuba" you might say "A guide to visiting Cuba"

bowen

It'd probably just be best to not do it.

But if you must, don't refer to yourself, just outline your steps. First and fifth amendment rights and all that.

GothicLargo

bowen wrote: »

It'd probably just be best to not do it.

But if you must, don't refer to yourself, just outline your steps. First and fifth amendment rights and all that.

Exactly.

The protections of speech and press protect you from a lot of stuff as long as you aren't directly incriminating yourself. Remember, O.J. wrote "If I Did It."

Writing about circumventing the embargo with Cuba is probably not likely going to cause issues because outside of the Oval Office nobody really cares about it. They're communist, big deal. They also have fine tobacco, streets full of classic cars, and cantinas that put state liquor warehouses to shame... if you've got the money to enjoy it. If it weren't for Washington DC's insistence that "WE HAVE TO BE RIGHT ABOUT SAYING THEY'RE WRONG" it'd probably be a bigger tourist paradise then Cancun.

As long as you weren't smuggling anything and just went there to see it, I wouldn't worry, just try not to word it like a recounting of exactly what you did.

PirateJon

The answer here is "talk to a lawyer".


But a lil FYI - the 1st and 5th are protections that can be used in your defense at court.

See that there? The "in your defense at court" bit? If you aren't keen on exploring the finer points of your legal rights before a judge, I'd do that 'talk to a lawyer' thing prior to posting.

bowen

Yeah pretty much.

That's why it's pretty much pointless/goosey to post something like this. Honestly, the people that want to visit Cuba will find a way. The people that don't, could care less. You're basically just going to go "HEY I WENT TO CUBA" and it may throw red flags up for a bored prosecutor that's got a little too much time and knows how to subpoena the right information.

psyck0

Pretty certain you can write about the hows of breaking the law as much as you want, as long as you preface it by saying "this is all theoretical and I do not endorse anyone actually using these techniques to break the law" or something like that. There are TONS of DIY books for doing illegal stuff that follow that formula.

Orogogus

GothicLargo wrote: »

Writing about circumventing the embargo with Cuba is probably not likely going to cause issues because outside of the Oval Office nobody really cares about it. They're communist, big deal. They also have fine tobacco, streets full of classic cars, and cantinas that put state liquor warehouses to shame... if you've got the money to enjoy it. If it weren't for Washington DC's insistence that "WE HAVE TO BE RIGHT ABOUT SAYING THEY'RE WRONG" it'd probably be a bigger tourist paradise then Cancun.

I was under the impression this was more due to the Cuban-American voting bloc in Florida and that state's large number of electoral votes, than to any hard stand on principle.

a5ehren

Orogogus wrote: »

GothicLargo wrote: »

Writing about circumventing the embargo with Cuba is probably not likely going to cause issues because outside of the Oval Office nobody really cares about it. They're communist, big deal. They also have fine tobacco, streets full of classic cars, and cantinas that put state liquor warehouses to shame... if you've got the money to enjoy it. If it weren't for Washington DC's insistence that "WE HAVE TO BE RIGHT ABOUT SAYING THEY'RE WRONG" it'd probably be a bigger tourist paradise then Cancun.

I was under the impression this was more due to the Cuban-American voting bloc in Florida and that state's large number of electoral votes, than to any hard stand on principle.

This. The people in Florida whose parents (justifiably) got mad when Castro took their stuff are they only reason this thing is still going. Hopefully the next time someone is either a lame duck or cruising to re-election anyway the embargo will be gone.

GothicLargo

Orogogus wrote: »

GothicLargo wrote: »

Writing about circumventing the embargo with Cuba is probably not likely going to cause issues because outside of the Oval Office nobody really cares about it. They're communist, big deal. They also have fine tobacco, streets full of classic cars, and cantinas that put state liquor warehouses to shame... if you've got the money to enjoy it. If it weren't for Washington DC's insistence that "WE HAVE TO BE RIGHT ABOUT SAYING THEY'RE WRONG" it'd probably be a bigger tourist paradise then Cancun.

I was under the impression this was more due to the Cuban-American voting bloc in Florida and that state's large number of electoral votes, than to any hard stand on principle.

Shrug

I try to pretend Florida doesn't exist in the hopes that someday it won't. But yes, you are correct, the cuban-american vote is the only thing really holding politicians to any position on Cuba.

But I would contend that given how little politicians care about what ANY constituents think the day after they get elected, the main barrier to dropping the embargo is basically that nothing has changed. It's like...

My senators are Harkin and Grassley. Iowa voters really don't care at all about Cuba, period, but if you ask either of them if we should drop the embargo, neither would say yes. If you press them on it they'd give some **** answer that they don't mean but really it's just because that's how it's been for a long time and they see no reason to change it. Changing it would mean we were wrong or that Cuba has changed. They haven't and we aren't about to admit error even in passing.

Awk

There's nothing illegal about traveling to Cuba though. An american cannot spend money there, that is breaking the law.

I've seen a few of these websites online, I highly doubt you will be targeted but you should practice safety before all.

Niceguy Myeye

I think you should write about it in a private way like a journal. This way it will all be fresh and if you do decide to go public with it later, it'll be available and not have to be remembered from scratch.

However, don't make it public until the statute of limitations wears off.

Penguin_Otaku

Don't worry about it, do it.

They're going to go after someone who did this innocently. Albeit, you knowingly broke the law and such but I see that you're providing information about your travel. I don't think it's any less dangerous than people posting bomb recipes or how to crack software. An idea, though, is that those sites always have some sort of disclaimer, "INFORMATIONAL ONLY, WE DO NOT CONDONE...." kind of thing. If you wanted to could write it in all hypothetical.

"Hypothetically, this is what one would see/do/touch/smell/be sodomized by..."

Pheezer

Do not make threads about whether or not you can get away with telling people how to break the goddamned law and get away with it. I realize this is almost like a grey area, if you're painfully literally minded or didn't bother reading the rules, but this is not the reason why we have an advice forum.