• Warl0k3@lemmy.world
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    19 hours ago

    Because you intrinsically are. It would require more people with investigatory and enforcement powers to staff this hypothetical agency. Not smalltown pigfuckers, sure, but what you’re describing is structurally little different from the FBI or ICE. A massive new law enforcement agency like that will need people to do that and those people are called cops.

    • Oppopity@lemmy.ml
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      16 hours ago

      Those people are not cops. I could right now investigate top youtubers to see if their platforms are being used to spread misinformation without displaying any credentials. And if you paid me to do that I wouldn’t be a cop.

      • Warl0k3@lemmy.world
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        15 hours ago

        (Wait, do you mean the FBI and ICE aren’t cops? not nitpicking just genuine uncertainty)

        Your investigation would also carry no legal weight and, unless you are extremely careful, would land you in various defamation and harassment lawsuits if you ever tried to act on it. If this hypothetical agency were to do similar, investigate people with no authority, it would invite all kinds of trouble. Not only would it likely be inadmissible in court as it would constitute gross violations of their civil rights, it would absolutely result in the kind of countersuit to which soverign immunity does not apply. This is how people get away with crimes “on a technicality”, because there were such gross procedural and jurisdictional errors that the investigation itself is suspect.

        • Oppopity@lemmy.ml
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          13 hours ago

          I can literally go and do this right now I wouldn’t need authority.

          But with an actual dedicated team they could collect this evidence and present it to a court for this issue.

          • Warl0k3@lemmy.world
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            3 hours ago

            Yes, you can go out and look into people’s background. No, you can’t just go present that to a court and get it accepted. Depending on what it is it might be accepted in a civil suit, but it would be circumstantial at best and most likely you’d be censured for trying to submit hearsay.

            Courts and even civil cases just do not work like you are envisioning. Vigilante fact checking isn’t a thing, and agencies of the executive are subject to judicial rules just the same as you are.

            You don’t understand enough about trial law, civil law enforcement or investigatory standards to be justifiably this adamant about this idea. You can’t find a magic way to frame this that will let you harass people via the legal system but somehow not make you a cop. This is the reason SLAPP suits almost never win - they’re pathetically baseless lawsuits, they just abuse the appeals system to bully people into giving up. You could do that, if you had the money, but you couldn’t enforce anything beyond using that mechanism to get your own way.

            It’s not that I don’t understand what you’re suggesting, it’s that your understanding of the realities surrounding this issue is flat-out wrong and what you’re proposing is largely illegal were you to ever act on it.