The Internet and the Hobbs Act: What’s the Connection?

The Hobbs Act provides a federal alternative to traditional state rob-bery charges by criminalizing any robbery that affects interstate commerce. Courts have interpreted the Hobbs Act’s commerce element broadly, by requiring the government to demonstrate that a robbery had a de minimis effect on inter-state commerce. With this standard, robberies of businesses generally satisfy the statute’s commerce element, but robberies of individuals often do not. This dif-ference between a state and a federal robbery charge is significant, because the Hobbs Act generally carries substantially harsher penal sentences. This Note ex-amines when the use of the internet in the robbery of an individual should satisfy the Hobbs Act’s commerce element. With the internet’s prominent role in society, the answer to this issue could impact whether countless robberies can be charged as federal crimes. This Note, therefore, contends that courts should adopt a func-tional test to determine, on a case-by-case basis, whether internet use in a robbery satisfies the Hobbs Act’s commerce element. Adoption of this test would align with Commerce Clause case law and Hobbs Act case law. Furthermore, it would promote federalism and safeguard the traditional role of federal courts.