Editing Aaron projects/CFAA
Jump to navigation
Jump to search
The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
Latest revision | Your text | ||
Line 1: | Line 1: | ||
<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? | ||
Line 25: | Line 23: | ||
* [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 == | ||
Line 45: | Line 41: | ||
=== Legal elements === | === Legal elements === | ||
There are 7 planks to | There are 7 planks to 10.30 title 18: | ||
# | # Security, foreign relations, atomic info | ||
# | # Access to computer, obtaining info | ||
# Accessing a US [gov owned or controlled] computer | |||
# Wire fraud | |||
# Accessing | |||
# | |||
#: Overlap with WFA, rather irrelevant in current environs | #: Overlap with WFA, rather irrelevant in current environs | ||
# Computer damage | # Computer damage | ||
#: | #: Separates intent: recklessness; intent to damage; causing both damage + loss [~$5k threshhold] regardless of intent | ||
# Password Trafficking | # Password Trafficking | ||
# Extortion | # Extortion | ||
#: intent to damage; to obtain access; to get $ compensation - done over a computer | |||
== 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 == | |||
; | ; Confusion/overlap 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 | ||
* b/t social-good and infosec goals | * b/t social-good and infosec goals | ||
== Active proposals == | == Active proposals == | ||
=== | === Patching existing law === | ||
; EFF proposals and ideas | |||
* 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 | ||
Line 153: | Line 96: | ||
; Manifesto | ; Manifesto | ||
*A la necessary and proportionate manifesto created after PRISM: https://necessaryandproportionate.org/text | *A la necessary and proportionate manifesto created after PRISM: https://necessaryandproportionate.org/text | ||
; Drafting example legislation? | ; Drafting example legislation? | ||