Can I trick an innocent third party into doing something that would be illegal if the third party had mens rea without either of us being guilty? Lets say I want something to happen but doing it directly would be a crime. This is one crime that requires intent or mens rea. So I hunt down an innocent third party, someone naïve, perhaps even a child, and I tell them they should go do some action X. I convince them it's a good thing to do and no harm will come, basically ensure they aren't guilty of the intent I have when I trick them into doing something. Would using a naïve third party allow both the third party and me to get away with the action, since the person doing it lacks mens rea and the law doesn't explicitly make tricking someone else a crime? Or am I still considered to have committed the crime despite using a third party as an intermediary? I'll accept answers for any common law location, though I'm mildly more interested in USA.
It depends on the jurisdiction, but generally speaking, this will not permit you to evade criminal responsibility. In Ohio, for instance, the complicity statute treats the conduct you're describing as equivalent to soliciting another to commit an offense or to aiding and abetting another in committing an offense: No person, acting with the kind of culpability required for the commission of an offense, shall do any of the following: (1) Solicit or procure another to commit the offense; (2) Aid or abet another in committing the offense; (3) Conspire with another to commit the offense in violation of section 2923.01 of the Revised Code; (4) Cause an innocent or irresponsible person to commit the offense. The penalty for complicity is the same as for the underlying offense, so you don't really get any kind of break for running your offense through an innocent party; you just get a pissed off witness who can testify against you.
It is basically fraud, and there are two ways in which it could be illegal: it might be a crime, and you might get sued for doing it (you would not be fined or imprisoned, but you may have to compensate the hotel chain for their loss). Whether or not it is a crime depends on the jurisdiction. In Washington, there are very many laws against fraud such as RCW 9.38 (credit), RCW 9.45 (numerous things where a business defrauds others), RCW 9.60 (forgery) but none of them would apply to lying about a material fact to a business in order to get a discount. Texas likewise has a long section on criminal fraud. It is not clear from the wording whether a customer lying to a business (not involving forgery, vehicles, credit, or financial institutions) is covered. 32.42(b)(10) says A person commits an offense if in the course of business he intentionally, knowingly, recklessly, or with criminal negligence commits one or more of the following deceptive business practices... making a materially false or misleading statement of fact concerning the reason for, existence of, or amount of a price or price reduction The question of interpretation that this raises is whether a person who has said "I'm over 70" so that they can get a discount has made a statement "concerning the reason for a price reduction". The ordinary interpretation of "concerning the reason for" would be that it refers to explaining why or under what conditions a price reduction exists. For the moment, I am skeptical that this definition would include the case at hand, but that will require a search through case law and jury instructions. From the lawsuit angle, you would have knowingly made a false material statement in order to obtain a value, which is illegal, and they could sue you to recover the discount.
Considering that the US legal system is more or less similar in practice to the English Courts, yes it is possible to plea bargian a deal. I'm linking to the wikipedia article on the matter with a specific link to the England and Wales for guidence. Normally, I'd explain, but I'm an American and the differences between Magistrate and Crown courts are big enough differences that I can't tell you what the differences in the case is. I should point out this is a legal area where America differences with much of the world. 90% of the United States criminal cases (and a good number of civil cases, which are settled privately before discovery phase) are plea bargained to lesser sentences. Additionally remorse has nothing to do with the plea bargain. You might only be sorry that you got caught breaking the law and can still plea. The lighter sentence is sort of a "thank you" for saving the state money in not having to build their case against you. It is also used to coerce cooperation with the police, as they may have the accused dead to rights and can prosecute him successfully, but he's a little fish who can give intel to a big fish (this usually comes with the caveat of it being a sworn statement, so they can still prosecute you for something if you're lying... OR that the deal holds on condition that everything is factually true. If evidence contradicts you, you're charged as if you never made a deal). It's also important to note that the police will not honor their deals made for your confession... but they will offer you deals (In the United States, police are allowed to lie to you and do it all the time). However, the prosecutor will honor their deals. Another thing to be aware of is that a prosecutor who offers a plea could be doing so because they have a weak case. If you are absolutely sure the prosecutor has the wrong guy, it may be to your benefit to go to trial and have them prove it. Innocent people do go to jail all the time because they think there is something worse on them than the plea deal and its hard to fight off as you cannot appeal a plea deal as easily as a court conviction. Finally, most jurisdictions allow the judge final say at sentencing, so if the prosecutor does honor the deal and advises the sentence, don't get upset if the judge is tougher and gives you a harsher sentence on the crime, or rejects your plea outright (expect him to scold the prosecutor for wasting his time with a horrible deal, too. Watch the Law and Order SVU episode Raw for a particularly wonderful instance of this rare event occurring). As a part of US federalism, the rules about this change from jurisdiction to jurisdiction, so make sure you understand this. Another thing to be aware of is that a prosecutor who offers a plea could be doing so because they have a weak case. If you are absolutely sure the prosecutor has the wrong guy, it may be to your benefit to go to trial and have them prove it. Innocent people do go to jail all the time because they think there is something worse on them than the plea deal and its hard to fight off as you cannot appeal a plea deal as easily as a court conviction. I would definitely do some leg work into the English Legal system's opinions on plea bargains. Just because they have it does not mean the state lawyers like employing it and many jurisdictions see it as full on corruption in other parts of the world, even the Common Law jurisdictions.
My understanding is that the syndicate would be committing an act of extortion. Under the RICO Act, IF the politician conspired with the syndicate OR IF the politician had something like an 'understanding' with the syndicate, then they (any, and all involved) could be charged with the crime (extortion), racketeering and conspiracy. Additional crimes/laws to consider: Campaign finance violations Money laundering Compelled speech (1st Amendment)
Well ... the crime of fraud and the tort of deception. If you say you will do X and enter a contract on that basis knowing that you won't then that is fraud and it carries gaol time. Your bank could also revoke your contract and sue for damages.
Sure, you can make such a request, but its not likely to help you. Scammers are criminals and don't generally care about GDPR compliance. Scammers are criminals, and won't just publish their real world identity. Serving them with a lawsuit will be difficult, especially if they are from outside the EU. GDPR lets you sue data controllers, but it's not worth it. You can sue for compliance (e.g. to compel fulfillment of your access request), and you can sue for damages stemming from GDPR violations. Compared to the damages you have suffered, a lawsuit is very expensive.
There are two cases to distinguish: information that the other party does not want to give without court order, and information that the other party may not give without court order. Only the former case matters, of course, since the latter by definition requires a court order. So, if the other party is legally capable of giving the information, but it's commercially not sensible for them, then you'll need to sweeten the deal. And that's business, not a legal question anymore. In other words: there's no legal instrument that's at the same time equal to a court order but also different from one. When you need a court order, there's no alternative to a court order.
A creative prosecutor could probably come up with a raft of charges. But you could start with the federal wiretapping statute, 18 USC 2511, and the anti-hacking statute, 18 USC 1030. Here is an indictment brought in 2012 under the anti-hacking statute against someone who distributed and used this kind of software. Depending on the facts and the jurisdiction, this may also constitute the tort of intrusion on privacy or seclusion, a tort recognized by the Restatement (Second) and actionable in many jurisdictions. The most common test is whether the invasion would be "offensive to a reasonable person." And no, contrary to the commenter's view, a "click to accept" license is not a get out of (literal) jail free card here. Courts interpret adhesion contracts liberally to favor the signer, and outrageous terms hidden in small print are not guaranteed to be enforceable, especially if the software is clearly designed to trick people into installing it. The license terms might even hurt you, by providing evidence of your intent to use the software for perving rather than its ostensible use. This is not an exhaustive list, and there may be additional state-level statutes that apply. Bottom line: yes, this is clearly illegal, and the courts will be reluctant to let you trick people into getting away with it.