Oh I am in trouble now!

My name isn't really serene_orange. In fact, I don't even have an underscore in my real name.

False Positives in the Legal System

Recently Lori Drew was charged with violating the Computer Fraud and Abuse Act for signing the up for a MySpace account under a fake name. While the larger circumstances were quite shocking (and have been covered enough I don't think I need to go into them), she was charged for nothing more than pretending to be someone else on the Internet. The indictment calls this a felony, under title 130 section (a) (2) (c) of the US Code, which criminalizes anyone who "intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains information from any protected computer if the conduct involved an interstate or foreign communication." The access to MySpace was unauthorized because using a fake name violated the terms of service. The information from a “protected computer” was the profiles of other MySpace users.

If this is found to be a valid interpretation of the law, it's really quite frightening. If you violate the Terms of Service of a website, you can be charged with hacking. That's an astounding concept. Does this mean that everyone who uses Bugmenot could be prosecuted? Also, this isn't a minor crime, it's a felony punishable by up to 5 years imprisonment per count. In Drew's case she was charged with three counts for accessing MySpace on three different occasions.

 

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