Why the Terms of Service matter

[BeccaPrice]

A new bill will felonize violating terms of service for online services.

Why Fibbing About Your Age Is Relevant to the Cybersecurity Bill – “Congress is about to decide whether it is a crime to violate terms of service governing your use of Gmail, Facebook, Hulu, or any other on-line service. One of the amendments to the Cybersecurity Act that the Senate is likely to take up this week would substantially increase already severe penalties for violations of the Computer Fraud and Abuse Act (CFAA), an important law designed to prevent malicious computer activity, such as hacking. The amendment would eliminate provisions setting lower sentences for first time offenders, establish mandatory minimum sentences for many offenders, make computer crimes “racketeering” predicates, and subject homes to civil asset forfeiture for computer crimes committed inside. The problem is, there is widespread agreement that the statute is already overly broad, sweeping in common online conduct, and the Department of Justice has interpreted it in a way that turns many – maybe most – Internet users into potential criminals.”

my favorite line from the article:

The CFAA makes it a crime to use a computer "in excess" of "authorization." This has been read to mean that it is illegal to use a computer in a manner that violates contractual agreements.

[Catlady]

If someone can tell me just exactly why my age is relevant to a web site--other than to indicate that I'm over some minimum age--I'll give it.

[odiakkoh]

Makes me want to go back to the days before the Internet.

[teh603]

That's going to be interesting considering how employers are now demanding their employees' Facebook passwords.

[bgalbrecht]

Originally Posted by teh603

That's going to be interesting considering how employers are now demanding their employees' Facebook passwords.

I don't think they can make me join Facebook on condition of employment.

[tubemonkey]

[darryl]

Looks like freedom is heading for extinction. I think we all need to stand up to our politicians on this type of thing. The traditional remedy for breach of contract is damages. If they want to criminalise such breaches why computers only? Why have a Parliament if those drafting EULA's and TOS's can in effect legislate criminal offences?

[Sweetpea]

Originally Posted by teh603

That's going to be interesting considering how employers are now demanding their employees' Facebook passwords.

They can have mine. No problems with it. Naturally, I'd have to make one up first!

[jbcohen]

I think what some of these web sites are attempting when they ask this question is if you are over 18 or under 18. I am not a lawyer but I believe that the applicable laws work one way if you are over 18 and another if you are under 18. Doesnt make any difference how man yyears over or under 18 you are its are you at, above or below that divider.

[teh603]

Originally Posted by darryl

Looks like freedom is heading for extinction. I think we all need to stand up to our politicians on this type of thing. The traditional remedy for breach of contract is damages. If they want to criminalise such breaches why computers only? Why have a Parliament if those drafting EULA's and TOS's can in effect legislate criminal offences?

Let me give you a scenario which is more likely to happen: big business requires people to violate the TOS of their social networking sites by giving the employers their passwords as a condition of employment. If the employee ever tries to get a better job or leave for another company, the employer simply calls the cops. After all, the employee is the one who violated the TOS by accepting employment, not the employer for requiring it.

Y'all need to start looking at the CEO behind the curtain, instead of the "evil government" that he wants you to see.

[Steven Lyle Jordan]

Originally Posted by darryl

Looks like freedom is heading for extinction...

Oh, puh-leese. We've never been free.

Originally Posted by teh603

Y'all need to start looking at the CEO behind the curtain, instead of the "evil government" that he wants you to see.

Hells to the Yes.

[Catlady]

Originally Posted by jbcohen

I think what some of these web sites are attempting when they ask this question is if you are over 18 or under 18. I am not a lawyer but I believe that the applicable laws work one way if you are over 18 and another if you are under 18. Doesnt make any difference how man yyears over or under 18 you are its are you at, above or below that divider.

If a site wants to ask if I'm over 13 or 18 or 21, fine. But I often encounter sites that ask for specific information. When they do, I click on the earliest listed date--e.g., Jan 01 1900. I don't wish to provide personal information; why in the world do they need to know my birthdate?

[Kumabjorn]

So if I vote for a Congresswoman or Senator that promises to a) balance the budget, b) revise the Second Amendment, c) reduce crime and d) prohibit gay marriage and neither of these are implemented, do I get to sue for breech of contract?






Don't worry, I'm not American so I don't get to vote in your elections

[QuantumIguana]

This proposal essentially privatizes law. My making violation of terms of service a criminal matter, rather than a civil matter, it means that the corporation creates law. As it is now, if you violate terms of service, they deny you access, or, if they can prove damages, take you to court. I often won't use my actual birthdate, but something near it. It would be difficuly at best to win a lawsuit. But if it is made a criminal offense, they don't have to show any damages.

As far as employers being allowed access to employees social networking sites, that's no different than employers demanding to wiretap your phone. Even if you don't use social networking, if employers can do this, you're still less free, because you're denied the right to comminicate freely without being spied upon. Rights are still important, even if you don't exercise that right. It also spies on other people besides me. Many people keep their Facebook accounts private, but if my employer can spy on my account, they violate not just my rights, but the rights of my Facebook friends. I suppose if my employer demanded to my Facebook account, I'd have to create a dummy for them.

[RainingLemur]

Originally Posted by Kumabjorn

So if I vote for a Congresswoman or Senator that promises to a) balance the budget, b) revise the Second Amendment, c) reduce crime and d) prohibit gay marriage and neither of these are implemented, do I get to sue for breech of contract?

If only.