Aaron's Law Finally Introduced: Reform The CFAA

Mike Masnick | Techdirt | June 20, 2013

from the it's-about-time dept

Today, Zoe Lofgren and Jim Sensenbrenner in the House and Ron Wyden in the Senate introduced "Aaron's Law," an attempt to reform the widely abused CFAA, so that it no longer sweeps up innocent activity.

Vagueness is the core flaw of the CFAA. As written, the CFAA makes it a federal crime to access a computer without authorization or in a way that exceeds authorization. Confused by that? You're not alone. Congress never clearly described what this really means. As a result, prosecutors can take the view that a person who violates a website's terms of service or employer agreement should face jail time.

So lying about one's age on Facebook, or checking personal email on a work computer, could violate this felony statute. This flaw in the CFAA allows the government to imprison Americans for a violation of a non-negotiable, private agreement that is dictated by a corporation. Millions of Americans — whether they are of a digitally native or dial-up generation — routinely submit to legal terms and agreements every day when they use the Internet. Few have the time or the ability to read and completely understand lengthy legal agreements...