US DoJ: Most Americans are now considered felons

[Cerb]

The US Department of Justice is releasing statements that claim that if you violate a web sites Terms of Service, (ToS) that you are actually commiting a felony under the Computer Fraud and Abuse Act.

This means that if you call someone an idiot on NS you may well be commiting a crime, because:

You may submit content to NationStates.net so long as it is not obscene, illegal, threatening, malicious, or defamatory, does not invade the privacy or infringe the intellectual property of a third party, and does not constitute "spam." You may not use a false e-mail address, impersonate any person or entity, attempt to "hack" the site or another player's account, nor otherwise mislead as to the origin of information.

Other notable examples are:
Anyone under the age of 18 in the US can not use google services because their ToS state:

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Google, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

Uploading the same copyrighted material twice to youtube could in theory get you prosecuted under recketeering laws.

The reason behind this interpretation was because of the Lauri Drew incident where she used a fake name on myspace to grief a teenager who later commited suicide. They argued that lying about her name to myspace constituted a felony under the CFAA laws because it broke the ToS.

So the question arising is, have they gone too far?

[HumanSanity]

No-one will ever prosecute this. A violation of website TOS is a Civil Matter and therefore not a Criminal offense (i.e. Felony). And wouldn't there be other felonious offenses involved in the Lauri Drew incident. If this is ever prosecuted because some 11 year old has a Gmail account or whatever then it *should* be thrown out. That is just stupid.

[Eist]

From looking around on the net it seems that everyone is referencing this article on CNET. CNET is a pretty reliable site, but it seems the article is entirely based on a mystery document they "obtained". It comes back to the Computer Fraud and Abuse Act (CFAA), which was used to attempt to prosecute a woman who impersonated someone else to threaten a girl, who later committed suicide. It was thrown out of court.

Basically, if this passes, then it won't directly affect anything. But it is a horrible piece of legislation that is (quickly) adding to the list of legislation that is eroding the open Internet, and in turn the freedoms of its users.

[deadspace]

Didnt the DOJ also say that lying about your age/race/sex/etc online could be considered a felony?

That actually kinda worries me...

[Invictus]

Ridiculous. Besides, I highly doubt they have the means to legally prosecute the 'offenders.' I really don't like the govenment getting involved with all this internet business. It's like the case where net neutrality was voted against. We have to protect Internet freedoms.

[Quirky]

Yes, they are going too far. I see our rights slipping away one by one. Most people don't see it because they are too distracted and/or in denial.

[Globexanter]

Sounds like the American justice system needs to be slapped back into order... Before they add something bypassing a court procedure and just start throwing people into Jail without Trial.

< Happy that he lives in Europe.

[Anime Daisuki]

This sounds like the kind of slow erosion of liberties Ron Paul's been talking about...

Next thing you know they are scanning what websites you visited, oh wait, that already happened.

[Invictus]

That's the problem. I believe that too many of us Americans have become too complacent and distracted. Fortunately, I think movements like the Occupy Wallstreet protests are gaining attention and shedding light on the situation. Perhaps this will make some people question the actions of their government.

[Pitcairn Islands]

The original Drew conviction was a very dangerous precedent. Here is a pretty good post about it.

Fortunately, the conviction was later reversed in court and the government did not appeal, so there's actually a legal precedent against the idea that we can be jailed for violating a ToS document, at least unless the law is changed.

I was honestly shocked by the original conviction. I felt like I was one of the only people who realized how dangerous it was.

[Takaram]

The way they went after Drew was shaky and rather stupid. If they want to prosecute someone for bullying over the internet, they should make that illegal, not open every American who's ever been on the Internet up to potential prosecution. No one I know, and I mean no one, reads the ToS on any site. I mean, how many people would know that it's illegal for a minor to use Google.

[TBone Steaks]

Alright, I waited until everybody else spoke their peace.
It's not even close to liberty any more. It is a JOKE!!!

English Law = Magna Carta
Roman Law = Citizenship and rights w/it

English law, that which we ran away from (see 1776), has usurped Roman law by way of the political class...Roman law does not allow for precedent. English law does that. Roman law does not allow for rights to be eroded, the English did that to control their fiefdoms over time as needed. English law was okay'd by the founding fathers for Tort Law, NOT CRIMINAL LAW. Yet attorneys have blatently disregarded this fact for over 100 years, and now Criminal law is set by PRECEDENT TOO!!! This was one of the founding fathers fears...persecution by your government because they don't like something...

As such, we are now a fiefdom.
Our criminal justice system is a minion of the king, the president, who controls the military, and the appointments to the bench. Congress, being sidelined effectively has little say based on the power of executive orders (aka war without approval). The government is no longer of by and for the people. They are there to control minds, not actions.

For instance:

Congress voted against FCC jurisdiction over the internet.
FCC did it anyway. You don't have a say or representation that matters. The king said do it, and it got done.

Illegal Search and Seizure Right Removal: See TSA searches, Patriot Act provisions, predator phone systems, and all smart phone tracking systems. Yet agents break through all the time when they are "TESTING" airports, and phones are cracked routinely by fraudsters using the same "Open Doors" as the authorities. So are those really for security?

US Has highest incarceration rate in the world, by a LOT!
Yet we still have some of the highest crime rates. And 2/3 in jails are there for victimless crimes (drugs, prostitution). So 2/3 that I pay to jail, are there to have their "Attitude" adjusted because the government didn't like their activities, morally. They didn't hurt anybody but themselves.

Why does the IRS send a lien, levy, and intent to confiscate letter to any business who isn't perfect? Because they broke the LAW!!! They can go to jail for that. Wonder why a business has to be perfect to exist? Ask uncle sam.

Finally, I bring this to your attention.
Man jailed for going into his wife's Email.
They are still legally married mind you.
He has the right to go to jail for her IRS evasion.
He fails to take care of the kid when she leaves, he goes down for neglect. Not HER! But it's illegal for him to access "her" email...

articles.nydailynews.com/2010-12-26/news/27085580_1_michigan-man-leon-walker-child

[eaglestrike98]

Honestly, when you look at everything in the US government, its all a sprawling mass of laws, loopholes, and useless rules! I'm no anarchist, but I'm a person who likes things to make sense. This is a controversial example, but I'm going to use the US tax system. I know that people say the businessmen need money to expand business; but how is it that they get so many tax breaks and can find reasons NOT to pay taxes, but middle to lower class American's have to pay a higher percentage of their wages because they can't find the same loopholes?! The US Constitution was laid out in clear words. They are debatable, yes, but pretty clear words. The US Law system is about as navigable as a black hole is. My idea would never work, and I'm sure everyone here could rip me apart on my opinion, but still, its an idea... a radical one, but an idea. I think we need complete reform of the law. Make it simpler, consolidate, make it so that you don't have to hire out a legal team to figure what you're responsible for if you do something...

so how many of you think I'm an idiot idealist? Cause thats what I feel like I'm coming off as

[Greek People Nation (GPN)]

All I have to say is, look who is in charge of it. All of Obama's cronies are in charge. That is why things are the way they are.

[Invictus]

I wouldn't say an idiot idealist lol. I may not agree with it completely, but i don't think that it is the worst idea possible. Who would be in charge of changing the law, though? the corrupt people already in charge? I don't trust that. I just think that all people need to see what is going on. They can't take away our rights if all are aware of what is going on and oppose it.

[TBone Steaks]

Love the idea.

Let's return to Roman law for criminal prosecution, as the constitution requires.
Let's severely restrict tort law, and it's ability to be used as a sword, and we truly will change much!
The usage of law will return to a shield, and abate it's proactive and aggressive takeover of everything in our society.

I've had this discussion with 5 law professors from 5 schools.

Each was asked this question:
"You realize if you don't change the legal system we will. Can you handle that?"

Each responded similarly;
"It's my worst nightmare!"

Each conversation ended with this...
"In times of Chaos, the law sleeps."

[eaglestrike98]

Very true... it also sucks that politicians are doing everything to getting re-elected and not doing whats best for the country

[Invictus]

A major problem of the system. What will Obama spend the next year focusing on? His re-election. Every time I turn on the tv i see the Republican debates. Everything seems to be an attack ad. It seems as if they are running for their offices solely for the money and title. Why can't we actually just come together and solve our problems? I understand however that it isn't that simple, but... just a thought of an idealist.

[Halltoria]

United States party politics aside, the U.S. really has no way to enforce most internet abuse. If there's someone from Europe, or Asia, or Australia, or anywhere that isn't the United States, then United States law does not apply to them. Even if I'm wrong and it does, that person cannot be tried unless they are on United States soil. I'm not so good with international law but it would seem to me that attempting to extradite (not sure if a government can extradite a citizen of another country) a citizen of another country would be overkill unless it was actually a matter of national security. That being said, exactly what is a matter of national security anymore? Seems like everything. But I digress. There are no lines on the internet separating one country from another. Everyone in the world (providing their country allows them to use the internet) can interact with each other without even a thought and you may not know what sort of laws you might be breaking in another country just by what you do or say on the internet. If this legislation passes I don't think anything will change. They won't prosecute that kind of stuff.

[B777LR]

OMG, that means I've been committing felonies for years! And I've never been prosecuted! Our liberties are slowly slipping away...

[TBone Steaks]

^ Yep

That is the problem for us here in the U.S.
Should we bicker about details, it stands.
As it stands, we can be held guilty.

Therefore, anytime the gov wants to, they can, show up on your door!!!
Welcome to those times...

The means to this end was "english law" growing over the top of "constitutional" law.

[Geilinor]

I doubt they'd prosecute "Anyone under the age of 18 in the US can not use google services". Because it would be damn stupid to prosecute a teenager for searching on Google. Hell, even Youtube is part of Google now.