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I don't know what you mean by legal definitions of evasion and obstruction. Legal definitions literally vary by jurisdiction, so how one jurisdiction defines a crime is legally different from others...because they pass different laws.

Re Portland: this is factually inaccurate. Uber admitted they used Greyball when they were operating illegally in Portland. Yes, Portland & Uber have since come to an agreement, but not even Uber claims they were operating legally when they used Greyball to evade law enforcement..

Kindly, the challenge with explaining this to non-lawyers is that you do not know what you do not know, but think you do, & use words differently than an officer of a court does.

The example of a process-server is simply not a relevant comparison. Proccess-serving has a lot of TV-created urban legendry around it. Yes, you can try to avoid being served & but, no, you can't ignore a court order or a subpoena by avoiding a process server. If you try to hide, they'll eventually just mail the summons to you.

Regardless, process-serving has nothing to do with what Uber already admitted to doing: building & using software in CA to evade law enforcement in, eg Portland, which is a jurisdictions where they knew they were operating illegally. This is obstruction of justice.

Ah, so Uber was using Greyball in Portland before the agreement was reached? I was not aware of that. It wasn't clear from what I had read. That would definitely make a big difference. If it can be shown that their activity was illegal and was known to be flatly illegal (not just "unapproved" or rubber-stamped by the local government) rather than merely untested in court, then there is a good case to be made for obstruction. I expect a hell of a defense if they actually levy charges, and I am eagerly waiting to see what that defense would be. I find this case very interesting.

Regarding process servers - yes, they will issue a substitute service and then mail it to you, sure. But my point was that you won't be arrested for trying to hide.

I do totally understand the challenge you face as a lawyer talking to a non-lawyer, lol. I thank you for your comments and additional information.

Yes, Uber was using Greyball in cities where it was not operating legally, Portland amongst them.

Uber publicly admitted they built it, that they were still using it, tried to defend its use (for driver safety), and then, a week later, reversed themselves & agreed to stop using it to evade law enforcement, "going forward."

I cannot imagine why Uber chose to admit all that. (Well, other than there were at least 50 people who worked on Greyball & who knows how many more knew, so maybe there was not much choice...lying wasn't going to cut it & lawsuits were already certain) Nonetheless, its a lot of admissions.

Here's the thing: there are legitimate uses for Greyball (driver safety, as they asserted), but evading law enforcement, which they've now admitted, is not one of them--and, as said over and over, is obstruction of justice.

Uber'll undoubtedly try to defend Greyball on this basis (that there are non illegal uses for it--and that was the overwhelming majority of what it was used for)...it wouldn't have worked but, now with their own reversal & public admissions, it'd be hard to even make such an argument)

anyway, here are a few links about Greyball & Portland:



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