Re: Can You Go to Prison for Lying to a Web Site?

[David Farber <dave () farber net>]

________________________________________
From: Lauren Weinstein [lauren () vortex com]
Sent: Tuesday, January 08, 2008 9:46 PM
To: Suresh Ramasubramanian
Cc: David Farber; lauren () vortex com; lauren () vortex com
Subject: Re: [IP] Can You Go to Prison for Lying to a Web Site?

> Intent as well as deed, as tests for criminal liability.

Judging intent is much more difficult than judging deeds, e.g.
demonstrating that there was any intent or reasonable expectation
that a suicide would result.  You can prove harrassment, the result
is known, but intent to cause a death?  If a child tells another
child (who isn't known to harbor suicidal tendencies) to "drop dead"
and the child kills himself, is that murder?  Manslaughter?  What
about if an adult says the same thing to that child with the same
result?  Ugly and horrible yes, but given current laws it seems
difficult to get beyond that, as the prosecutors found in this case.

In any event, trying to use wire fraud statutes based on false facts
in a MySpace profile is an inappropriate approach, and an obvious
attempt to come up with *something* to satisfy the (understandably)
upset public.  But it's still the wrong approach, with major risks.

--Lauren--
Lauren Weinstein
lauren () vortex com or lauren () pfir org
Tel: +1 (818) 225-2800
http://www.pfir.org/lauren
Co-Founder, PFIR
   - People For Internet Responsibility - http://www.pfir.org
Co-Founder, NNSquad
   - Network Neutrality Squad - http://www.nnsquad.org
Founder, PRIVACY Forum - http://www.vortex.com
Member, ACM Committee on Computers and Public Policy
Lauren's Blog: http://lauren.vortex.com

 - - -

> > apparently for not being truthful in the associated MySpace profile.
> >
> > Much as I understand the emotions in play, such a move could
> > potentially carry awesome negative consequences for the open use of
> > the Internet.  If anyone reading this blog entry has never provided
> > false information about their name, age, sex, location, or other
> > characteristics to a Web site, you should definitely be considered
> > for a sainthood somewhere down the line.

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