Archive for December, 2008

Cyberbullying, the CFAA, and you

Monday, December 1st, 2008

cyberbullying: 1. the use of electronic means by a minor to torment, threaten, harass, humiliate, embarrass or otherwise target another minor. 2. when someone repeatedly makes fun of another person online or repeatedly picks on another person through emails or text messages, or uses online forums and postings online intended to harm, damage, humiliate or isolate another person that they don’t like. (see Wikipedia)

The federal Computer Fraud & Abuse Act is an update to CRS Report 97-1025 to bolster the uncertain coverage of more general federal trespassing, threat, malicious mischief, fraud, and espionage statutes.

Until recently, most people had probably thought very little about the implications of the act, and although many people are still probably unfamiliar with it, they will almost certainly be familiar with the case of the U.S. v. Lori Drew - the Mom-bully on MySpace.

While the direct case itself doesn’t affect most people, the verdict, that based on MySpace’s Terms of Service it was illegal for Lori Drew to submit information that was not ‘truthful and accurate’. Couple this ruling with the agreement that ‘the social networking site has the final say on deciding whether content posted by users violates a long list of regulations (1)’, and suddenly websites have been given the power to define the law.

Most people have provided false information for a website at some point, whether warranted or not, but this may go beyond that - as pointed out by AlmostLegally, if your place of work says not to send out personal email from your work computer and you do, is that a federal crime?

The Internet seems to be founded on freedom and anonymity, and yet as we take steps to protect people and prevent the misuse of the Internet, we restrict the very things that make the Internet. How does this affect you? More importantly, how WILL it affect you now? Normally I’d be content to observe from the sidelines on this one, but an article on Groklaw.net regarding an amicus brief submitted by the Electronic Frontier Foundation et al gave me some points that I thought were worth posting about. Definitely a recommended read by those much more learned on the matter than you or I.

If nothing else, I hope every parent that allows their child or children unmonitored access to the Internet will think twice about that choice. I hope that other families can be spared this pain by learning from this.