Editing Aaron projects/CFAA
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<center>''Work in progress; please link to other work here'' | <center>''Work in progress; please link to other work here''</center> | ||
;Goal: Let's | ;Goal: Let's prepare for a full repeal of the CFAA and replacement with sane law. | ||
;Questions: How would we construct good law in these areas, from scratch? | ;Questions: How would we construct good law in these areas, from scratch? | ||
: How do different areas of law, policy, and internet governance view the law and its impact? | : How do different areas of law, policy, and internet governance view the law and its impact? | ||
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Different parts of the story: National defense, cyber war, data sec, corporate law, contracts online. Authorization based on code, contract, social norms. Legal frameworks used to push political means. Career standards for prosecutors defined in political ways. | Different parts of the story: National defense, cyber war, data sec, corporate law, contracts online. Authorization based on code, contract, social norms. Legal frameworks used to push political means. Career standards for prosecutors defined in political ways. | ||
== Background == | |||
; Aaron's Law | ; Aaron's Law | ||
* [http://www.dmlp.org/blog/2013/impact-aarons-law-aaron-swartzs-case Analysis from January], [https://www.eff.org/document/eff-cfaa-improvements EFF suggested changes] | * [http://www.dmlp.org/blog/2013/impact-aarons-law-aaron-swartzs-case Analysis from January], [https://www.eff.org/document/eff-cfaa-improvements EFF suggested changes] | ||
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* [https://www.govtrack.us/congress/bills/113/hr2077 H.R. 2077] (Perlmutter bill; referred to House Judiciary subcommittee on Crime, Terrorism, Homeland Security, and Investigations) | * [https://www.govtrack.us/congress/bills/113/hr2077 H.R. 2077] (Perlmutter bill; referred to House Judiciary subcommittee on Crime, Terrorism, Homeland Security, and Investigations) | ||
* [https://www.govtrack.us/congress/bills/113/s1426 S. 1426] (Blumenthal bill; referred to Senate Health, Education, Labor, and Pensions Committee) | * [https://www.govtrack.us/congress/bills/113/s1426 S. 1426] (Blumenthal bill; referred to Senate Health, Education, Labor, and Pensions Committee) | ||
== Details == | == Details == | ||
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*: Failure of proportionality | *: Failure of proportionality | ||
== Legal issues == | |||
* Violating TOS is not a crime: | |||
*: Chin in US v. Drew - an individual, violating a TOS without a script, is pretty clearly not a rime. | |||
* Still used in a civil context. | |||
* Lowers some of the penalties for crimes that produce little or no harm, | |||
* Delete a provision that is repeated elsewhere in the statute | |||
*Clarifies once and for all that violating terms of service agreements is not a crime. | |||
; Does 'authorization' make sense as the basis for such a law? | |||
: | : As opposed to other corollaries re: trespass and access? | ||
; Aaron's Law status | |||
* referred to the Committee on Crime, Terr, Homeland Security subcomm of Judiciary Committee (chair: Sensenbrenner) | |||
== Social issues == | |||
; | ; This shows confusion between different parts of the government : in terms of means and ways | ||
* b/t different parts of the government | * b/t different parts of the government | ||
* b/t different phil and pol goals | * b/t different phil and pol goals | ||
== Active proposals == | == Active proposals == | ||
=== | === Patching existing law === | ||
* Limit scope of "exceeding authorized access" | |||
: Say: contractual violation can't be the basis for this | |||
* | * Amend the Wire Fraud Act | ||
* | : Say: contractual violation can't be the basis for this | ||
* lower penalties for crimes that produce little or no harm | * lower penalties for crimes that produce little or no harm | ||
* cleanup: delete repeated provision, delete provision repeated in WFA | * cleanup: delete repeated provision, delete provision repeated in WFA | ||
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; Fork the Law page, listing legal history and proposed changes | ; Fork the Law page, listing legal history and proposed changes | ||
* [http://forkthelaw.org/node/9 From mid-2013] | * [http://forkthelaw.org/node/9 From mid-2013] | ||