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

[David Farber <dave () farber net>]

________________________________________
From: Jonathan Ezor [jezor () tourolaw edu]
Sent: Wednesday, January 09, 2008 8:23 AM
To: David Farber
Cc: dave () wilson net
Subject: RE: [IP] Re:      VERY TRUE Can You Go to Prison for Lying to a Web Site?

At the end of the day, though, regardless of the legal process, the only
thing that can be identified by the ISP will be an account owner, computer
or network, not an individual (unless a Web cam or voice recording was
made).  The rest will take traditional investigation to determine, and
competent prosecution to prove beyond a reasonable doubt (or whatever the
relevant standard).

As I tell my Cyberlaw students (who had to answer a question about this type
of situation on the exam I'm grading now), some situations in cyberspace fit
under existing law, others can if the law stretches, and there are some new
situations where existing law just doesn't seem to fit.  For example, is
stealing virtual items purchased with or exchangable for real money in an
online world theft?  Infringement?  Something else?  Is distributing
thousands of dollars worth of commercial software without compensation a
crime?  (It wasn't a few years ago in the U.S.; it is now, thanks to changes
in the law.)  The challenge is to ensure that those who write the law and
those who enforce it understand both the terminology and the technology
sufficiently to allow the legal system to keep pace with new advancements,
while avoiding a situation where the law or government impede progress.
{Jonathan}
-------------------
Prof. Jonathan I. Ezor
Assistant Professor of Law and Technology
Director, Institute for Business, Law and Technology (IBLT)
Touro Law Center
225 Eastview Drive, Central Islip, NY  11722
Direct: 631-761-7119  Fax: 516-977-3001
e-mail: jezor () tourolaw edu
-----Original Message-----
From: David Farber [mailto:dave () farber net]
Sent: Wednesday, January 09, 2008 7:27 AM
To: ip
Subject: [IP] Re: VERY TRUE Can You Go to Prison for Lying to a Web Site?


________________________________________
From: Dave Wilson [dave () wilson net]
Sent: Wednesday, January 09, 2008 5:00 AM
To: David Farber
Subject: Re: [IP] Re:   VERY TRUE Can You Go to Prison for Lying to a Web
Site?

I would argue that the need for anonymity in cyberspace is very real
*because* it's not a separate universe from meatspace. For example, the
Supreme Court has repeatedly struck down state laws forbidding anonymous
pamphleteering, arguing that such laws have a chilling effect on free
speech. The most recent case, I believe, was Watchtower Bible and Tract
Society of New York Inc., et al. v.  Village of Stratton (Ohio) et al,
in June 2002, but the Court has been upholding the principle that
anonymous speech is critical for a free society for over 50 years.
Clearly this principle must apply in cyberspace as well as Ohio.

The trick in cyberspace lies in the creation of a mechanism that both
guarantees anonymity but which would allow the state to identify a
lawbreaker. I would argue we've got something approaching that now:
Anonymity largely exists (at least for those who actively seek it)
unless somebody starts issuing warrants. (The system isn't foolproof,
but it seems to reasonably balance both requirements).

The case of the child psychologically tortured to the point of suicide
seems to me to be a poor excuse supporting the need for new laws
requiring  foolproof identity verification in cyberspace. A prosecutor
can't get a case going based on, for example, reckless endangerment
(conduct that creates a grave risk of death) so somebody wants to
manufacture a criminal case involving lying about your identity on a Web
site? I think, at best, that's violating the terms of a contract, and
surely not a criminal act.


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