Friday, November 22, 2013

Online Lies Won't Be Felony Crimes, Agrees Congress

By Cornelius Nunev


On September 14, George Washington University professor of regulation Orin Kerr published an Op-Ed in the Wall Street Journal detailing the bad things that would occur if the "Facebook Felony" bill became a fact and made telling lies online a felony. The 1980's cyber-security bill being revised has been changed several times; the "Facebook Felony" may not be an option any more, but there are still possibly serious modifications.

Having to know what a Facebook Felony is

Professor Kerr explained that the Computer Fraud and Abuse Act were written in 1986. It would have made it a felony to lie online. This law would have been in impact on all web sites and with all services on the internet. With the regulation, it would have been a felony to put up a phony name or fake weight. Fake ages would also have been illegal. The change to the regulation is meant, however, to target hackers that challenge the security of significant computer networks.

Many individuals protected

Several individuals such as Kerr had the same concerns. This is why the Senate Judiciary Committee is thinking about the update to be an amendment to the Computer Fraud and Abuse Act. The amendment specifically 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 guarded computer is unauthorized." Al Franken and Chuck Grassley thought of several examples that should not be a felony but aren't ethical still in the debate. Things such as creating anonymous accounts on FourSquare to add positive reviews of your business - not felonious, but surely unethical. In order to get bullies prosecuted, cyber security Statues has been used.

What to watch out for

There is definitely an ever-increasing focus on online identity and security, no matter what Congress does. The Justice Department prosecutes a woman in 2009 for making a MySpace profile that was not real. Last year, a computerized program that bought tickets on TicketMaster led to criminal charges for an individual. Several of these laws preventing unauthorized access can be used in civil cases as well as criminal. Following the terms of service on any website you choose to use is always significant. When telling lies about age and other things on dating online websites, you probably won't get prosecuted. Still, you should always know the rules of what you are getting into.




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