[net-gold] UNITED STATES: GOVERNMENT : INTERNET: LAW: Rather Than Fix The CFAA, House Judiciary Committee Planning To Make It Worse... Way Worse
- From: "David P. Dillard" <jwne@xxxxxxxxxx>
- To: Net-Gold -- Educator Gold <Educator-Gold@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxxx>, net-gold@xxxxxxxxxxxxx, Net-Gold <Net-Gold@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxx>, Net-Gold <net-gold@xxxxxxxxxxxxxxxx>, K-12ADMINLIFE <K12ADMIN@xxxxxxxxxxxxxxxxxxx>, K12AdminLIFE <K12AdminLIFE@xxxxxxxxxxxxxxx>, MediaMentor <mediamentor@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxxx>, Net-Platinum <net-platinum@xxxxxxxxxxxxxxx>, Sean Grigsby <myarchives1@xxxxxxxxxxxxxxx>, Net-Gold <NetGold_general@xxxxxxxxxxxxxxxxx>, Temple Gold Discussion Group <TEMPLE-GOLD@xxxxxxxxxxxxxxxxxxx>, Temple University Net-Gold Archive <net-gold@xxxxxxxxxxxxxxxxxxx>, Health Lists -- Health Diet Fitness Recreation Sports Tourism <healthrecsport@xxxxxxxxxxxxxxxx>, Health Diet Fitness Recreation Sports <healthrecsport@xxxxxxxxxxxxxxx>, HEALTH-RECREATION-SPORTS-TOURISM@xxxxxxxxxxxxxxxxxxx
- Date: Tue, 2 Apr 2013 20:27:11 -0400 (EDT)
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UNITED STATES: GOVERNMENT :
INTERNET: LAW:
Rather Than Fix The CFAA, House Judiciary Committee
Planning To Make It Worse... Way Worse
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Rather Than Fix The CFAA, House Judiciary Committee
Planning To Make It Worse... Way Worse
Tech Dirt
https://www.techdirt.com/articles/20130324/14342822435/
rather-than-fix-cfaa-house-judiciary-committee-planning-
to-make-it-worse-way-worse.shtml?utm_source=dlvr.it&utm_medium=twitter
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A shorter URL for the above link:
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http://tinyurl.com/c6e7sqq
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So, you know all that talk about things like Aaron's Law and how Congress
needs to fix the CFAA? Apparently, the House Judiciary Committee has
decided to raise a giant middle finger to folks who are concerned about
abuses of the CFAA. Over the weekend, they began circulating a "draft" of
a "cyber-security" bill that is so bad that it almost feels like the
Judiciary Committee is doing it on purpose as a dig at online activists
who have fought back against things like SOPA, CISPA and the CFAA. Rather
than fix the CFAA, it expands it. Rather than rein in the worst parts of
the bill, it makes them worse. And, from what we've heard, the goal is to
try to push this through quickly, with a big effort underway for a
"cyberweek" in the middle of April that will force through a bunch of
related bills. You can see the draft of the bill here (or embedded below.
Let's go through some of the pieces.
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Adds computer crimes as a form of racketeering
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The bill adds to the current definition of "racketeering activity" so that
it would now link back to the CFAA, such that if you are found to violate
the CFAA as part of an activity that involves a variety of other crimes,
you can now also be charged with racketeering. More specifically, if you
look at that long list of related statutes in the definition to 18 USC
1961 (1), it will also include: "section 1030 (relating to fraud and
related activity in connection with computers)." Basically, this just
gives the DOJ yet another tool to use against "computer criminals" when
they want to bring the hammer down on someone they don't like. Not only
could you be charged with computer fraud, but now racketeering as well.
Because, you know, all you hackers are just like the Mob.
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Expanding the ways in which you could be guilty of the CFAA -- including
making you just as guilty if you plan to "violate" the CFAA than if you
actually did so
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Section 103 of the proposed bill makes a bunch of "changes" to the CFAA,
almost all of which expand the CFAA, rather than limit it. For example,
they make a small change to subsection (b) in 18 USC 1030 (the CFAA) such
that it will now read:
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Whoever conspires to commit or attempts to commit an offense under
subsection (a) of this section shall be punished as provided for the
completed offense in subsection (c) of this section.
All they did was add the "for the completed offense," to that sentence.
That may seem like a minor change at first, but it would now mean that
they can claim that anyone who talked about doing something ("conspires to
commit") that violates the CFAA shall now be punished the same as if they
had "completed" the offense. And, considering just how broad the CFAA is,
think about how ridiculous that might become. Now if you talk with others
about the possibility of violating a terms of service -- say, talking to
your 12 year old child about helping them sign up for Facebook even though
the site requires you to be 13 -- you may have already committed a felony
that can get you years in jail. That seems fair, right?
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Additional Topics Covered in This Article:
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Ratchets up many of the punishments
Expanding the definition of "exceeding authorized access" in a very
dangerous way
Make it easier for the federal government to seize and forfeit anything
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The complete article may be read at the URL above.
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Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jwne@xxxxxxxxxx
http://workface.com/e/daviddillard
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