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First Circuit Adds to Split On Whether Use of the Internet Is ‘Interstate Commerce’

The internet is generally viewed as inherently interstate in nature, but courts have reached different conclusions as to whether use of the internet by itself satisfies the “interstate commerce” requirement in criminal statutes, or something more is needed.

10 minute read March 31, 2025 at 11:07 PM
By
Elkan Abramowitz and Jonathan Sack
First Circuit Adds to Split On Whether Use of the Internet Is ‘Interstate Commerce’

We tend to look past the distinction between the mail and wire fraud statutes, but a recent First Circuit decision reminds us that the distinction can be very important.

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