Saturday, April 6, 2013

postheadericon Yes, The DOJ Thinks It's A Crime When A 12 Year Old Reads The NY Times

We talked a lot lately about the need for reform of the law on fraud and abuse (CFAA), which was originally to be a law on piracy, but has been repeatedly used by the Ministry of Justice and another to attack something as simple as under the condition of service abuse as a potential crime thing. While some courts have rejected the interpretation of the Department of Justice, which did not prevent the Department of Justice an interpretation can be applied in other circuits. Even more strange is that instead of fixing

law, the most recent action of Congress have expressed interest in expanding the law even more, increasing the sentencing of the Department of Justice decides to go after.

The EFF noted how ridiculous it is to claim that the violation of the terms of service is a potential crime, given how even children are read sites new online because potential offenders violate the terms of use. This is partly due to the
other

bad law, as we have seen, the Law on the protection of online privacy of children and safety tips. The problem here is that online sites have stricter rules if they are considered for children under 13 years. To avoid this potential liability, many sites simply insert a clause in their terms of service say that you can read on the site if you have more than 13 (some sites say 18 and others say that between 13 and 18 years must obtain parental permission). Although this is a bit vague advocacy of these sites (total ban), these are your terms of service. And because it violates the conditions violating the CFAA, as interpreted by the Department of Justice.



The EFF points out that these exclusion provisions age are quite common, and sites like the New York Times and NBC News Children under 13 full bar .


This means that 12-year-old visit NBCNews.com curious to learn about current events would, by default, distorting their age. Again, this could be criminal, as interpreted by the Department of Justice of the CFAA.



We like to say we're joking, but unfortunately, the Department of Justice has already demonstrated its willingness to pursue CFAA to absurd extremes. Fortunately, the Ninth Circuit rejected the government's arguments, concluding that, under this decision, millions of innocent citizens suddenly find themselves on the wrong side of the law. As Judge Alex Kozinski wrote so aptly: "According to the government's proposed interpretation of the CFAA ... described himself as "tall, dark and handsome," when you're really short and simple, win a beautiful orange jumpsuit. "


And this is not an excuse to say that the vast majority of these cases will not be processed. As the Ninth Circuit explained, "ubiquitous rarely prosecuted crimes invite arbitrary and discriminatory" application. Instead of looking only real crimes suspects, it opens the door for prosecutors to people, because the government does not like .
Unfortunately, there is no sign that the Department of Justice has given this interpretation beyond the fourth and ninth circuits, by what Professor Tim Wu CAFA in the New Yorker recently called "the most outrageous that you have never heard of criminal law." Atlantic Wire
Then gently intervened and showed many other online publications and their conditions of service, showing young readers the most information sites more Popular on today are potentially breaking the law every time they have a clear position taken by the Department of Justice in the CFAA.
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