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Telling A Lie Online Is Not Yet A Felony

By Cornelius Nunev


On September 14, George Washington University professor of law Orin Kerr authored an Op-Ed in the Wall Street Journal outlining the horrors that would take place if the "Facebook Felony" bill became a reality and made lying online a felony. Amendments to the bill in Congress have obliterated that possibility, but legislators strengthening laws against computer fraud is still in front of Congress.

Figuring out how to keep away from Facebook Felony

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, as reported by Professor Kerr. Taken to its logical end, this regulation would have made it a felony crime to violate terms of service on any site. This means that creating an account with a fake name, telling lies about your age, or even putting a fake weight on a dating profile could all count as felonies. The change to the regulation is intended, however, to target hackers that challenge the security of important computer networks.

Idea to help individuals

The update to the Computer Fraud and Abuse Act is discussed an amendment by the U.S. Senate Judiciary Committee after suggestions for individuals such as Kerr. The exemption is for "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." In the debate over adding the amendment, Al Franken and Chuck Grassley used many examples which were not ethical but probably should not qualify as a felony. It shouldn't be a felony to create anonymous accounts on online websites such as FourSquare to add good business reviews of your business. It is surely unethical though. Statues for cyber security have been used in the past to prosecute bullies but only in extreme cases.

What this means for you

Regardless how this update to cyber security fares in Congress, the focus on online identity and security is definitely increasing. A phony MySpace profile got a female prosecuted in 2009. This was done by the Justice Department. One person got charged due to a computer program that bought TicketMaster tickets in 2010. Several of these laws preventing unauthorized access could be used in civil cases also as criminal. When on a site, you need to follow the terms. It is a very essential thing to do. It is a very good idea to read and understand service terms so you are able to understand the rights and responsibilities you've so you know whether or not it is okay to lie.




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