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ToS Violations No Longer a Crime (On Their Own)

Posted by Soulskill on from the just-take-care-of-that-tag-on-your-pillow dept.

nonprofiteer writes "The Computer Fraud and Abuse Act previously made 'unauthorized access to a computer system' a crime — meant to apply to hackers, it also criminalized violations of a website's ToS or of a workplace's computer policies. The law is being changed to make the crime a felony rather than a misdemeanor, which led some to worry about the potential for its abuse. However, Senators Franken and Grassley added an amendment (PDF) to exempt violations of ToS and employer policies from the lists of felony activity. w00t for common sense."

9 of 162 comments (clear)

  1. Still crimes, even on their own by DaveV1.0 · · Score: 3, Insightful

    A misdemeanor is still a crime, just a less serious crime. The amendment exempts ToS violations from being felonies, but does not stop them from being misdemeanors, then they are still crimes.

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    1. Re:Still crimes, even on their own by Fieryphoenix · · Score: 3, Informative

      I see no provision in the amendment that reduces from felony to misdemeanor, only language that exempts ToS violations etc. from whatever it is the bill stipulates in the section being amended. There not being a link to the law itself, I haven't seen it, but I sincerely doubt the original law says that ToS violations can alternately be considered misdemeanors, thus I deem it probably the law simply states that unauthorized access is a felony, without mentioning ToS etc. Since the amendment states that ToS etc. are exempted, then the amendment does NOT create them misdemeanors, and since AFAIK nothing else creates ToS violations as crimes, I don't think the amendment leaves them a crime of any kind at all.

    2. Re:Still crimes, even on their own by maxume · · Score: 5, Informative

      Here's the text of the current law:

      http://www.law.cornell.edu/uscode/18/1030.html

      (go yell at Cornell if you think it is not an accurate reflection of the current U.S. code, I don't care)

      Section 1030(e)(6) defines the term âoeexceeds authorized accessâ as used in the law. The amendment to the proposed bill changes the definition explicitly to exclude TOS violations as a sole basis for determining unauthorized access.

      --
      Nerd rage is the funniest rage.
  2. Re:Sorry but.... by immakiku · · Score: 4, Informative

    Franken worked to exempt TOS violations from being a felony...

  3. ToS - Works both ways by XanC · · Score: 5, Interesting

    I use the "Modify Headers" FF extension to add the following to all my browser requests:

    X-Terms-Of-Service: By responding to this request, you agree to place no restrictions on the requesting user's use of the data you send, and that no subsequent terms of service may modify this provision.

  4. Re:Sorry but.... by dkleinsc · · Score: 3, Informative

    Franken might be against the whole damned thing, but in favor of putting in the amendment because he thinks the entire bill will likely pass and he wants to make it suck less.

    And the whole point of the amendment is that TOS violations won't be a felony.

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  5. Re:Sorry but.... by DrgnDancer · · Score: 3, Informative

    The law that mad it a misdemeanor was already on the books. Did Franken vote for it? I rather doubt it, he hasn't been in office all that long, and the act is rather old. When you get elected to a senatorial post you don't get to review all the old laws on the books and call for a revote.

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  6. Re:Sorry but.... by DrgnDancer · · Score: 3, Informative

    No, they changed the definition of the crime itself to exclude violations of TOSes and similar. Read the amendment, it's like a whole paragraph of reading.. Or, ya know, just scream and cry that your rights are being violated reflexively.

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    I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
  7. Re:Sorry but.... by Daniel_Staal · · Score: 4, Insightful

    Sounds like a plan. Revoke all laws 10-20 years after they are passed, unless they can pass again.

    Give the congresscritters something to do, so they can feel useful.

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    'Sensible' is a curse word.