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Bumble is a dating app that only allows women to initiate contact in opposite-sex connections; in same-sex connections either party may initiate contact. Since 2012, Tinder has been matching singles based on their social profiles and geographic location. Both users must “swipe right” before being matched and are then able to chat within the app....

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For example, if a defendant only communicated to a perceived minor over the internet, but never took the necessary steps to arrange an actual meeting with the perceived minor, this would not satisfy the statutory requirement of “sexual activity.” Therefore, charges under § 2422(b) would be improper. Instead, he fondled himself in front of a web camera and similarly encouraged the person he believed to be a minor to fondle herself for him. In fact, it was an undercover officer on the other side of the computer. Judge Posner agreed with the defendant, reversed his conviction, and held that § 2422(b) only criminalizes defendants who engage or who intend to engage in interpersonal physical contact with children. This created a direct conflict between the Seventh and Fourth Circuits in determining the meaning of “sexual activity” under § 2422(b). However, the important point is that by broadly defining an undefined term, it creates inherent risk that certain individuals will be charged with crimes they should not be charged with. ...

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