Friday, November 15, 2013

Congress Decides To Not Make Online Mistruths A Felony Crime

By Cornelius Nunev


On September 14, George Washington University professor of law Orin Kerr published an Op-Ed in the Wall Street Journal detailing the bad things that would ensue if the "Facebook Felony" bill became a fact and made lying online a felony. The 1980's cyber-security bill being revised has been modified many times; the "Facebook Felony" could not be an option any more, but there are still possibly severe adjustments.

Having to know what a Facebook Felony is

It would be a felony to lie on the internet if the Computer Fraud and Abuse Act were to have been put through in 1986, according to Professor Kerr. Taken to its logical end, this regulation would have made it a felony crime to violate terms of service on any website. With the regulation, it would have been a felony to put up a fake name or fake weight. Fake ages would also have been illegal. The change to the law is intended, however, to target hackers that challenge the security of important computer networks.

Many individuals protected

The update to the Computer Fraud and Abuse Act is discussed an amendment by the Senate Judiciary Committee after suggestions for individuals such as Kerr. There is an actual amendment. It exempts "access in violation of a contractual obligation or agreement, such as an acceptable use policy or terms of service agreement, with an Internet service provider, Internet website, or non-government employer, if such violation constitutes the sole basis for determining that access to a protected computer is unauthorized." In the debate over adding the amendment, Al Franken and Chuck Grassley used numerous examples that were not ethical but most likely should not qualify as a felony. Things such as reviewing your business positively on FourSquare with anonymous accounts are unethical although they do not constitute a felony. There were times when cyber securities statues were used. These were used in extreme cases to get bullies prosecuted.

What this means for you

Congress may choose to do nothing with cyber security. Still, increasingly more people are concerned about on the internet identity and security. A fake MySpace profile got a woman prosecuted in 2009. This was done by the Justice Department. One person created a program to purchase tickets from TicketMaster last year. This led to prosecution too. There are unauthorized access laws out there too. They can be put in civil cases also. You've to always follow the terms of the site you are on. The likelihood that you'll be prosecuted for lying about your age on a dating site might be low, but it is always a good idea to read and understand the full terms of service so you know the rights and responsibilities you will be held accountable for.




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