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Telling A Lie Online Is Not Yet A Felony

By Cornelius Nunev


The so-called "Facebook Felony" regulation that was discussed in Congress before September 14th was, in several ways, concerning. George Washington University law professor Orin Kerr outlined the possible consequences in a Wall Street Journal op-ed. The 1980's cyber-security bill being revised has been altered several times; the "Facebook Felony" may not be an option any more, but there are still possibly severe modifications.

Facebook Felony facts

Professor Kerr explained that the Computer Fraud and Abuse Act were written in 1986. It would have made it a felony to lie on the internet. With the law, it would not have been okay to lie online at any time. This involved during all services. It might be a felony to make an account with a phony name, phony age or even phony weight with the regulation. With the change to the regulation, things are now different. Hackers that threaten computer networks are now targeted.

Many individuals protected

Urged by Kerr and others, the U.S. Senate Judiciary Committee considers the update to the Computer Fraud and Abuse Act added an amendment. 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 site, or non-government employer, if such violation constitutes the sole cause for determining that access to a protected computer is unauthorized." Al Franken and Chuck Grassley thought of several examples that shouldn't be a felony but aren't ethical still in the debate. Things such as reviewing your business positively on FourSquare with anonymous accounts are unethical although they don't constitute a felony. Statues for cyber security have been used in the past to prosecute bullies but only in extreme cases.

Things to be concerned about now

Regardless how this update to cyber security fares in Congress, the focus on online identity and security is definitely increasing. The Justice Department prosecutes a woman in 2009 for making a MySpace profile that was not real. One person got charged due to a computer program that bought TicketMaster tickets in 2010. Several of these laws preventing unauthorized access can be used in civil cases also as criminal. You have to always follow the terms of the site you are on. The likelihood that you'll be prosecuted for telling lies about your age on a dating site might be low, but it is always a good idea to read and understand the full terms of service so you know the rights and responsibilities you are likely to be held accountable for.




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