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Re: Editors note incl. Dangerous Precedence Set - Federal Criminal Charges for Violation of Commercial Online ToS?
From: David Farber <dave () farber net>
Date: Sat, 29 Nov 2008 12:53:31 -0500
Begin forwarded message: From: "lynn" <lynn () ecgincc com> Date: November 29, 2008 11:49:01 AM EST To: dave () farber netSubject: Re: [IP] Re: Editors note incl. Dangerous Precedence Set - Federal Criminal Charges for Violation of Commercial Online ToS?
If you read the definitions: (6) the term “exceeds authorized access” means to access a computer with authorization and to use such access *to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter;* * mineNote also the specific areas mentioned are financial institutions and USG
to protect the USA. Also similar items. In no case does this specify an ISP or emergency calls. Further, one would need to know the case law involved before attempting to interpert is as anything more than specificly written. Additionally people with shared phone service (party lines) are required by law to relinquish usage of a phone if required for an emergency. Idon't know if there is a similar anything for VOIP. In the case of fiber,
one channel could certainly be set aside for 911 calls. I would imagine something similar could be done for non-fiber netwoks. IMO it is slimy to twist a law, or the intentions of a law to suit one's own purpose. Lynn
I held this note for a while while I let my temper cool a bit. According to Brett the use of P2P may be a law violation not just a isp s. Many sites are now doing updates using p2p in a non obvious fashion. Will my ISp claim I interfered with a VOIP call (voip is a lousy reliable channel since my ISP does not quote any reliability numbers) end me in jail? and just what is a P2P usage?? . Still steaming Dave Begin forwarded message: From: Brett Glass <brett () lariat net> Date: November 27, 2008 4:08:57 PM EST To: dave () farber net, "ip" <ip () v2 listbox com> Subject: Re: [IP] Dangerous Precedence Set - Federal Criminal Charges for Violation of Commercial Online ToS?A very dangerous legal precedence was set today.In the case of the 13 year old who committed suicide supposedly over aMySpace hoax, the mother involved was found guilty on three federal counts. What of? Not of a serious criminal act. She was found guilty on three criminal counts (misdemeanors), in a federal court, of violating the Terms of Service agreement.This is not new. In fact, the splash pages for the hotspots operated byour ISP for retail establishments and hospitality venues have mentioned itfor many years. "Exceeding authorized access" to a computer network and causing damage to anyone or anything -- including injury or a nontrivialfinancial loss -- is a per se violation of 18 USC 1030. See http://www.law.cornell.edu/uscode/18/1030.html for the details. This is, in fact, a very good thing. Now that disrupting a computer network can easily endanger life and limb (e.g. when someone needs to make a VoIP call in an emergency), it's important that an ISP be able to prevent, say, someone who is using P2P from disrupting the operation of the network,preventing that call from going through by creating excessive jitter orhogging bandwidth. The statute is fair in that the person can't be charged for causing a "de minimus" loss or injury. Someone actually has tobe substantially harmed, and in this case of fatal online bullying thatthreshold was certainly exceeded. --Brett Glass ------------------------------------------- Archives: https://www.listbox.com/member/archive/247/=now RSS Feed: https://www.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com
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- Re: Editors note incl. Dangerous Precedence Set - Federal Criminal Charges for Violation of Commercial Online ToS? David Farber (Nov 29)