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Congresswoman proposes amendment to computer fraud law honoring Aaron Swartz - holstboyss1985

A draft bill to exclude terms of service violations from the Computer Fraud and Abuse Act upon (CFAA) is to be introduced in the US House of Representatives of Representatives.

Aaron Swartz Image: Demand Build up
Aaron Swartz

The proposed amendment to the anti-hacking police comes in the wake of the suicide on Friday by Net activist and computer prodigy Aaron Swartz, who was hot with wire humbug, computer fraud and other crimes for allegedly accessing and downloading millions of documents from the JSTOR online database through the network of the Massachusetts Institute of Technology.

Swartz allegedly supposed to dispense a significant dimension of JSTOR's archive through filing cabinet-sharing sites. If condemned, helium could have faced up to 35 years in prison and a fine of $1 million.

The government was able to bring disproportionate charges against Swartz because of the broad reach of CFAA and the wire fraud statute, wrote Representative Zoe Lofgren in a post connected Tuesday along the Reddit word-sharing site in which Swartz played a tonality role. "It looks like the government used the shadowy wording of those laws to claim that violating an online service's user agreement or price of service is a violation of the CFAA and the wire fraud statute," she said.

The proposed amendment to the CFAA excludes memory access in violation of an understanding Oregon contractual duty, such A an fit use policy or terms of serve agreement, with an Internet serve supplier, Internet web site, or employer, if such misdemeanor constitutes the sole foundation for determining that access to a stormproof computer is unaccredited.

Lofgren plans a similar amendment to the statute on fraud by telegraph, radio set, or telly, which states that a violation of an agreement surgery contractual obligation regarding Internet or computer use, such as an unimpeachable use policy or terms of service agreement, with an Internet service provider, Net site, or employer is not in itself a assault of this section.

A Democrat who represents California's 19th congressional district, Lofgren said she would seek cosponsors for the bill from both Republicans and Democrats. The bill to amend CFAA and wire fraudulence statutes, which she would like to call out "Aaron's Law," should be enacted separately and swiftly, she said. "It could represent an important protection to him," Lofgren aforesaid.

The CFAA makes information technology illegal to gain accession to protected computers without authorization or in a manner that exceeds authorized access, wrote Marcia Hofmann, senior staff attorney at the Electronic Frontier Base in a post earlier this week. "Unfortunately, the law doesn't clearly explain what a lack of 'authorization' in reality substance. Creative prosecutors have confiscate vantage of this confusion to craft criminal charges that aren't really about hacking a computer but rather target early behavior the prosecutors don't like," she wrote.

"Kudos to Rep. Lofgren for her fast response. But her bill wouldn't have prevented Aaron's prosecution under the CFAA or wire fraud law of nature," Hofmann said in a Twitter message connected Tuesday. The draft banker's bill is a good start, but she hopes to consider Aaron's Law strengthened ahead it reaches Congress, Hofmann added in another message.

A petition launched Monday on the White House's website has also named for reforming the anti-hacking legal philosophy. The act is too open ended, and whatever reasonable apply of a computing system that isn't expressly authorized nates be classified a computer crime, it said. The petition had 2,058 signatures aside late Tuesday.

Source: https://www.pcworld.com/article/456477/congresswoman-proposes-amendment-to-computer-fraud-law-honoring-aaron-swartz.html

Posted by: holstboyss1985.blogspot.com

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