DOJ Two Step: It Should Be A Criminal Offense To Lie About Your Age On Facebook... But We Probably Won't Go After You For It
from the well,-that's-comforting dept
While we obviously spent a lot of time on the SOPA hearings this week, there was another Judiciary Committee meeting of interest this week concerning cybersecurity. Part of the discussion focused on the Computer Fraud and Abuse Act (CFAA), which is being regularly abused by law enforcement to bring all sorts of questionable charges against people. This, by the way, is one of the reasons why we fear the felony provisions in SOPA, because we know how the DOJ abuses similar laws.In this case, one of the key issues is that law enforcement has used the law in the past to say that any violation of a terms of service agreement -- such as lying about your age when signing up for a dating site -- could be a criminal offense under the CFAA. That, of course, is insane. Even more ridiculous, however, is that the DOJ's official testimony at the hearing was about how important it was to keep this part of the law in place, allowing it to add questionable charges.
The law must allow "prosecutions based upon a violation of terms of service or similar contractual agreement with an employer or provider," -- Richard Downing, Justice Department's deputy computer crime chiefBut then, Downing also seems to be saying the exact opposite:
“The DoJ is in no way interested in bringing cases against people who lie about their age on dating sites, or anything of the sort. We don’t have the time or resources to do that,”So.... the law must allow such prosecutions, but it has no interest in bringing such prosecutions. That makes perfect sense. If you're a DOJ official, I guess. For the rest of us... huh?
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Filed Under: cfaa, doj, felony, hacking, lying, orin kerr, richard downing, terms of service
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but they might go after him if he weighs more than ... I'll say 200000 kilos. At that point he's consuming enough natural resources to feed a village and needs to be controlled.
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They will bust you because you annoyed them, and it's dead easy to find a TOS somewhere that you violated.
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Basically they are setting it up so they can get you for something minor and hang you for it.
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Re: Same as it ever was.
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Implying that if they were given sufficient funds, they would go after people who lie about their age?
My government is broken. Anyone know where's the reset button?
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Response to: Anonymous Coward on Nov 17th, 2011 @ 1:45pm
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Gotcha
Think about it this way. Every company has a dress code. Or required working hours. Do you conform everyday 100%? By the way the rules are structured, if they (employer) ever needed to fire you they have a reason.
It's the same thing here. You drifted in your lane - get to pull you over. Asking questions about something cops are doing - interference or disturbing the peace. This just is the same for the digital realm.
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Re: Gotcha
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Laws like this COULD be extended in this manner, but rarely are. You could take someone to court for it, and the judge could find you guilty, give you 1 day to serve in the community, suspend the sentence, and order it stricken from your record immediately. The prosecutors won't bother as a result.
The system is "self-fixing", at least in this manner.
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Re: Re: Gotcha
How on earth is such a thing "self-fixing" in any manner?
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It's Like Something Out of a Book
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Re: It's Like Something Out of a Book -- No Attribution!
But facts are that Galt's Gulch doesn't exist -- can't, with today's technology -- and the Dr Ferris type technicians have got everything all but nailed down. Hence my pessimism.
When you understand the problems, it's bleak indeed.
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Re: Re: It's Like Something Out of a Book -- No Attribution!
Perhaps not literally, but as a metaphor for people "opting out" of the system, I think we're starting to see it happen. You'd have to be insane to trade the stock market right now, for example. Better to get out and use that money for something real.
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Re: It's Like Something Out of a Book
It should still be set aflame before it can be voted on.
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-Judge Death
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http://www.importantcompany.com?UserID=5617
It's scary how many sites with important financial data do this. So, someone asks them selves what happens if the change the URL to say UserID=5618, and they find themselves viewing Sheriff Hogg's secret slush fund.
DOJ wants to be able to charge such people with hacking. It's quick and easy and they don't have to think much harder than the morons who created the site.
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Being a Jerk is my Right!
Oath To the World: “Grow up you whinny, Thin-Skinned little bitches.”
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Re: Being a Jerk is my Right!
;-P
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The Supreme Court does what?
They're still working out the kinks for the updating of the law. It's not quite finalized. Don't worry, I'm sure the DOJ will make as much of it as possible available for their pretty little heart's desires-to bust people for the silliest of reasons.
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makes perfect sense
sad, but unsurprising.
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This is why I love Techdirt
I hate mainstream news when they report idiotic things like this with a straight face. It would be refreshingly honest if they had the balls to finish the report and say, "That, of course, is insane."
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Re: This is why I love Techdirt
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Punishment due
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Well go after the nasty foreigners of course...
If you're not being investigated by the USG or in one of its rendition gaols you must be a terrorist
/sarc (or is it)
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Why would they even remotely consider Facebook more important?
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Not now
Yet.
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Re: Not now
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Re: Not now
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Lawmaking?
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Re: Lawmaking?
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Re: Lawmaking?
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I will never
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"They" may not be interested in prosecuting, but I'm sure the companies paying them are...
New business model patent pending:
1. Create popular site and sign users up.
2. Offer service to provide X to users.
3. Change terms of service to make users using X a violation (you included the 'these terms may be changed by us at any time without any prior notice or warning' in your site terms of course...)
4. Sue Users....
5. Profit....
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Lying Under Oath is a Crime
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