Are You A Teenager Who Reads News Online? According to DOJ, You May Be a Criminal

April 3, 2013 | By Dave Maass and Trevor Timm

https://www.eff.org/deeplinks/2013/04/are-you-teenager-who-reads-ne...

Are You A Teenager Who Reads News Online? According to the Justice Department, You May Be a Criminal

During his first term, President Barack Obama declared October 2009 to be “National Information Literacy Awareness Month,” emphasizing that, for students, learning to navigate the online world is as important a skill as reading, writing and arithmetic. It was a move that echoed his predecessor's strong support of global literacy—such as reading newspapers—most notably through First Lady Laura Bush's advocacy.

Yet, disturbingly, the Departments of Justice (DOJ) of both the Bush and Obama administrations have embraced an expansive interpretation of the Computer Fraud and Abuse Act (CFAA) that would literally make it a crime for many kids to read the news online. And it’s the main reason why the law must be reformed.

As we’ve explained previously, in multiple cases the DOJ has taken the position that a violation of a website’s Terms of Service or an employer’s Terms of Use policy can be treated as a criminal act. And the House Judiciary Committee has floated a proposal that largely adopts the DOJ’s position, making it possible to prosecute a user for accessing website for a purpose other than intended by the publisher. For a number of reasons, including the requirements of the Children’s Online Privacy Protection Act, many news sites have terms of service that prohibit minors from using their interactive services and sometimes even visiting their websites.

Take, for example, the Hearst Corporation’s family of publications. If you read the terms of use for the Houston Chronicle, the San Francisco Chronicle, or Popular Mechanics websites, you’ll find this language, screamed in all-caps:

"YOU MAY NOT ACCESS OR USE THE COVERED SITES OR ACCEPT THE AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD.”

In the DOJ’s world, this means anyone under 18 who reads a Hearst newspaper online could hypothetically face jail time. But Hearst’s publications aren’t the only ones with overly restrictive usage terms. U-T San Diego and the Miami Herald have similar policies. Even NPR is guilty, saying teenagers can’t access their “services” (including the site, NPR podcasts and the media player) without a permission slip:

“If you are between the ages of 13 and 18, you may browse the NPR Services or register for email newsletters or other features of the NPR Services (excluding the NPR Community) with the consent of your parent(s) or guardian(s), so long as you do not submit any User Materials.”

Some sites must have recognized the problem and crafted their policies to only forbid users under the age of 13.  These include the New York Times, the Boston Globe, and the Arizona Republic. NBCNews.com uses this wording:

"By using or attempting to use the Site or Services, you certify that you are at least 13 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Site.”

This means that inquisitive 12-year-olds who visit NBCNews.com to learn about current events would be, by default, misrepresenting their ages. Again, this could be criminal under the DOJ's interpretation of the CFAA.

We’d like to say that we’re being facetious, but, unfortunately, the Justice Department has already demonstrated its willingness to pursue CFAA to absurd extremes. Luckily, the Ninth Circuit rejected the government’s arguments, concluding that, under such an ruling, millions of unsuspecting citizens would suddenly find themselves on the wrong side of the law. As Judge Alex Kozinski so aptly wrote: "Under the government’s proposed interpretation of the CFAA...describing yourself as 'tall, dark and handsome,' when you’re actually short and homely, will earn you a handsome orange jumpsuit."

And it’s no excuse to say that the vast majority of these cases will never be prosecuted. As the Ninth Circuit explained, “Ubiquitous, seldom-prosecuted crimes invite arbitrary and discriminatory enforcement.” Instead of pursuing only suspects of actual crimes, it opens the door for prosecutors to go after people because the government doesn’t like them.

Unfortunately, there’s no sign the Justice Department has given up on this interpretation outside the Ninth and Fourth Circuits, which is why the Professor Tim Wu in the New Yorker recently called the CFAA “the most outrageous criminal law you’ve never heard of.”

The potential criminalization of terms of service is a prime reason that Congress needs to overhaul CFAA and it’s certainly why the House Judiciary Committee should abandon the seemingly DOJ-drafted bill it floated recently and instead sit down with Rep. Zoe Lofgren, Rep. Darrell Issa, and others to negotiate real reform.

Are you a minor with a thirst for information? You, and your parents who vote, should together tell Congress to fix CFAA.

Views: 45

Reply to This

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Doc Vega posted blog posts
6 hours ago
kacang99 commented on tjdavis's photo
Thumbnail

The Name Game

"very nice, main di kacang99 demo situs slot kasih akun demo gratis"
8 hours ago
Doc Vega commented on Doc Vega's blog post Plausible Explanation Behind Recent Cryptid Sightings in the Wild!
"cheeki kea I was wrong Emperor Penguins are big and powerful but still alive but this,  A size…"
9 hours ago
Doc Vega commented on Doc Vega's blog post Plausible Explanation Behind Recent Cryptid Sightings in the Wild!
"Cheeki kea here's another that they say there have been modern sightings of!  The name of…"
9 hours ago
Doc Vega commented on Doc Vega's blog post Plausible Explanation Behind Recent Cryptid Sightings in the Wild!
"cheeki kea, did you ever hear of the giant Imperial Penguins? They were about 6 feet tall and could…"
10 hours ago
Doc Vega commented on Doc Vega's blog post Plausible Explanation Behind Recent Cryptid Sightings in the Wild!
"cheeki kea I do not think these giant two legged birds would need to have a bad attitude as long as…"
10 hours ago
Olivia Brooks updated their profile
16 hours ago
kacang99 updated their profile
17 hours ago
John Miller was featured
18 hours ago
tjdavis's 2 blog posts were featured
18 hours ago
Zfort Group's blog post was featured
18 hours ago
Doc Vega's 6 blog posts were featured
18 hours ago
Burbia commented on tjdavis's video
Thumbnail

“What’s His Motive?” - Inside The Mind of George Soros

"Trump calls for George Soros and son to face federal…"
23 hours ago
Burbia commented on tjdavis's photo
yesterday
Profile Iconkacang99, Seeta Sathe and Olivia Brooks joined 12160 Social Network
yesterday
tjdavis posted a video

Mossad, Terrifying CIA Technology, Blackwater & The Most Secret CIA Unit | John Kiriakou

John Kiriakou served 15 years in the CIA as a Case Officer (Spy) and as CIA's Head of Counterterrorism Operations in Pakistan where he lead the raid that cap...
yesterday
tjdavis posted a photo
yesterday
tjdavis posted a video

A Critique of the Tavistock Institute - The Mother Of All Conspiracy Theories

An examination of the Tavistock Institute, a theory which seeks to explain how Western societies have been brainwashed by a cabal of social scientists and th...
Sunday
tjdavis posted a video

“What’s His Motive?” - Inside The Mind of George Soros

In this short clip, Patrick Bet-David, Sebastian Gorka Adam Sosnick, and Tom Ellsworth George Soros and what motivates him to do the things he does. FaceTime...
Aug 27
Doc Vega posted blog posts
Aug 27

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted