Interesting People mailing list archives
Re: VERY TRUE Can You Go to Prison for Lying to a Web Site?
From: David Farber <dave () farber net>
Date: Wed, 9 Jan 2008 07:00:48 -0800
________________________________________ From: Jonathan Ezor [jezor () tourolaw edu] Sent: Wednesday, January 09, 2008 8:23 AM To: David Farber Cc: dave () wilson net Subject: RE: [IP] Re: VERY TRUE Can You Go to Prison for Lying to a Web Site? At the end of the day, though, regardless of the legal process, the only thing that can be identified by the ISP will be an account owner, computer or network, not an individual (unless a Web cam or voice recording was made). The rest will take traditional investigation to determine, and competent prosecution to prove beyond a reasonable doubt (or whatever the relevant standard). As I tell my Cyberlaw students (who had to answer a question about this type of situation on the exam I'm grading now), some situations in cyberspace fit under existing law, others can if the law stretches, and there are some new situations where existing law just doesn't seem to fit. For example, is stealing virtual items purchased with or exchangable for real money in an online world theft? Infringement? Something else? Is distributing thousands of dollars worth of commercial software without compensation a crime? (It wasn't a few years ago in the U.S.; it is now, thanks to changes in the law.) The challenge is to ensure that those who write the law and those who enforce it understand both the terminology and the technology sufficiently to allow the legal system to keep pace with new advancements, while avoiding a situation where the law or government impede progress. {Jonathan} ------------------- Prof. Jonathan I. Ezor Assistant Professor of Law and Technology Director, Institute for Business, Law and Technology (IBLT) Touro Law Center 225 Eastview Drive, Central Islip, NY 11722 Direct: 631-761-7119 Fax: 516-977-3001 e-mail: jezor () tourolaw edu -----Original Message----- From: David Farber [mailto:dave () farber net] Sent: Wednesday, January 09, 2008 7:27 AM To: ip Subject: [IP] Re: VERY TRUE Can You Go to Prison for Lying to a Web Site? ________________________________________ From: Dave Wilson [dave () wilson net] Sent: Wednesday, January 09, 2008 5:00 AM To: David Farber Subject: Re: [IP] Re: VERY TRUE Can You Go to Prison for Lying to a Web Site? I would argue that the need for anonymity in cyberspace is very real *because* it's not a separate universe from meatspace. For example, the Supreme Court has repeatedly struck down state laws forbidding anonymous pamphleteering, arguing that such laws have a chilling effect on free speech. The most recent case, I believe, was Watchtower Bible and Tract Society of New York Inc., et al. v. Village of Stratton (Ohio) et al, in June 2002, but the Court has been upholding the principle that anonymous speech is critical for a free society for over 50 years. Clearly this principle must apply in cyberspace as well as Ohio. The trick in cyberspace lies in the creation of a mechanism that both guarantees anonymity but which would allow the state to identify a lawbreaker. I would argue we've got something approaching that now: Anonymity largely exists (at least for those who actively seek it) unless somebody starts issuing warrants. (The system isn't foolproof, but it seems to reasonably balance both requirements). The case of the child psychologically tortured to the point of suicide seems to me to be a poor excuse supporting the need for new laws requiring foolproof identity verification in cyberspace. A prosecutor can't get a case going based on, for example, reckless endangerment (conduct that creates a grave risk of death) so somebody wants to manufacture a criminal case involving lying about your identity on a Web site? I think, at best, that's violating the terms of a contract, and surely not a criminal act. ------------------------------------------- Archives: http://v2.listbox.com/member/archive/247/=now RSS Feed: http://v2.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com
Current thread:
- Re: VERY TRUE Can You Go to Prison for Lying to a Web Site? David Farber (Jan 09)
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- Re: VERY TRUE Can You Go to Prison for Lying to a Web Site? David Farber (Jan 09)
- Re: VERY TRUE Can You Go to Prison for Lying to a Web Site? David Farber (Jan 09)
- Re: VERY TRUE Can You Go to Prison for Lying to a Web Site? David Farber (Jan 09)
- Re: VERY TRUE Can You Go to Prison for Lying to a Web Site? David Farber (Jan 10)