Interesting People mailing list archives
Re: Can You Go to Prison for Lying to a Web Site?
From: "David Farber" <dave () farber net>
Date: Wed, 9 Jan 2008 02:13:54 -0500
-----Original Message----- From: Andrew Burnette [mailto:acb () acb net] Sent: Wednesday, January 09, 2008 12:25 AM To: dave () farber net Subject: Re: [IP] Can You Go to Prison for Lying to a Web Site? Dave. for IP if you wish. Just because you can pretend to be a dog on the Internet, does not free you from your deeds on anyone's lawn. Harassment, bullying, assault, are all the same, whether done in person, over the phone, the Internet, or through hired hands. The end effect is the same, so should be the punishment. Laws typically lag technology by a good 5 years or so, and adjudication or rebuttal of such laws by another 5 years. Just because the prosecutor had to do some digging and connect the dots in a new way doesn't make the alleged perpetrator any less potentially guilty. What's the difference in burning a cross in someone's yard, versus their jobsite, versus a website that all your friends see? In all harassment case law, the "perception" by the victim is considered as part of the whole, and significantly just. If we are to appropriately ban the free speech of the word "fire" in a crowded theater, what shall we do when the equivalent is a broadcast SMS message, or an email blast, or so on. Bad behavior is just that, and is where unlawful, prosecutable insofar as the law allows. After all, we are a society founded upon the rule of law, in that both the victim and perpetrator are equal in the blind eyes of justice. Harassment and free speech have nothing to do with one another, in person, or on the web. And pretending to be a dog is fraud. thanks andy burnette David Farber wrote:
________________________________________ From: Lauren Weinstein [lauren () vortex com] Sent: Tuesday, January 08, 2008 6:23 PM To: David Farber Cc: lauren () vortex com Subject: Can You Go to Prison for Lying to a Web Site? Can You Go to Prison for Lying to a Web Site? http://lauren.vortex.com/archive/000354.html Greetings. You've probably heard the tragic story of the 13-year-old girl who committed suicide after being spurned by a MySpace identity she thought was a 16-year-old boy, but that actually was a profile created by the mother of a neighborhood parent ( http://www.latimes.com/news/local/la-me-myspace9jan09,0,5809715.story ). It's a sad event indeed, and the perpetrator certainly deserves condemnation, even though a suicide was not a reasonably predictable outcome of the very unfortunate exchange. Prosecutors in Missouri, where the girl lived, were unable to find a statute that would apply in such a case, but federal prosecutors here in L.A. (MySpace is based locally in Santa Monica) are reportedly exploring prosecuting the parent under federal wire fraud statutes -- which can carry penalties of up to 20 years in prison -- 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. The precedent that could be set by prosecuting a social networking profile that contained false information could strike a blow to the basic concepts of anonymity that protect Internet users from a wide variety of privacy-invasive practices. While one could argue that prosecutors would only go after egregious cases, we also know that prosecutorial overreaching and misconduct are not infrequent occurrences. If this particular sad case becomes an excuse to squash anonymity on the Internet, by criminalizing the creation of pseudonym-identities in situations where the commission of crimes is not contemplated, we will be entering into very dangerous territory indeed. There have already been legislative efforts to require verifiable ID for social networking sites, which could rather easily evolve into an "Internet driver's license" and requirements that virtually everyone on the Net be provably identified at all times online ( http://lauren.vortex.com/archive/000231.html ). This would primarily push "undesirable" activities totally underground and do even more damage, but the political attractiveness of such an approach might be undeniable among the usual suspects. Attempts to blame and constrain the Internet in response to human tragedies are almost always misguided and replete with the potential for widespread collateral damage. They're traps that we should do our utmost to avoid, even in -- especially in -- the most emotionally heartrending of cases. --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 ------------------------------------------- Archives: http://v2.listbox.com/member/archive/247/=now RSS Feed: http://v2.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com
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Current thread:
- Can You Go to Prison for Lying to a Web Site? David Farber (Jan 08)
- <Possible follow-ups>
- Re: Can You Go to Prison for Lying to a Web Site? David Farber (Jan 08)
- Re: Can You Go to Prison for Lying to a Web Site? David Farber (Jan 08)
- Re: Can You Go to Prison for Lying to a Web Site? David Farber (Jan 09)
- Re: Can You Go to Prison for Lying to a Web Site? David Farber (Jan 10)
- Re: Can You Go to Prison for Lying to a Web Site? David Farber (Jan 11)
- Re: Can You Go to Prison for Lying to a Web Site? David Farber (Jan 11)
- Re: Can You Go to Prison for Lying to a Web Site? David Farber (Jan 11)
- Can You Go to Prison for Lying to a Web Site? David Farber (Jan 11)