Criminal negligence is above and beyond carelessness. No your original statement is not true. The negligence standard you cite is for CIVIL NEGLIGENCE (or tort law, as you point out). Tort law, manslaughter and reckless driving are not at all in the same category, bub (civil, traffic and criminal all operate independent of one another; only the latter always requires proof of a specific mind set). (Civil negligence also requires the proof of harm; in the email scandal there is no alleged harm, only speculation). Here's the definition for Criminal Negligence form the Model Penal Code. The difference between recklessness and criminal negligence is recklessness involves a conscious disregard of a substantial and unjustifiable risk. The significant distinction between civil and criminal negligence/recklessness is not only must a person deviate or disregard what one should do, they must also be aware (or substantially should be aware) that the risk exists. If there's no alleged harm, that makes such proof of risk, well difficult. In any case, criminal statutes that invoke criminal negligence are rare. There are no criminal laws where mere carelessness, arrogance or stupidity would satisfy the state-of-mind requirement, beyond criminal strict liability. --- And really, what the heck is wrong with you believing that we can (or should!?), put people in jail for carelessness, arrogance or stupidity.