Online Dating Liars Will Not Face The Wrath Of The DoJ
- Tuesday, December 06 2011 @ 09:43 am
- Contributed by: ElyseRomano
- Views: 1,094
The Department of Justice announced in November that it will not prosecute people for lying online. Watch out online daters: that means that anyone who fibs about him- or herself in a profile on a dating site doesn't have to worry about being locked up.
Richard Downing, the deputy chief of the Justice Department's Computer Crime section, told Congress that although federal law could be interpreted to mean that fabricating on the World Wide Web is a crime, the DoJ has no plans to pursue such cases. "The DoJ is in no way interested in bringing cases against people who lie about their age on dating sites, or anything of the sort," Downing explained to a House Judiciary subcommittee. "We don't have the time or resources to do that."
The law in question is the CFAA - or "Computer Fraud and Abuse Act" - which criminalizes "exceeding authorized access" of a computer. The CFAA was initially created to prohibit the hacking of sensitive databases, but the DoJ has since argued for a wider interpretation of the law that makes it illegal to break any rule set by a computer's owner. Under that more expansive interpretation, checking Facebook on a work computer when an employer has forbidden it could be a federal crime. Violating a Web site's terms of service - like the rules about lying that are found on most, if not all, dating sites - would also be a federal crime.
The CFAA has traditionally been used to prosecute individuals who used a computer system they had legitimate access to for unauthorized purposes. Take the case of Lori Drew, the 50-year-old woman who used a bogus MySpace profile to harass a 13-year-old girl who later committed suicide. Because MySpace prohibits the impersonation of others in its terms of service, Drew was convicted under the law, though the conviction was later overturned.
Orin Kerr, a law professor at George Washington University who also testified before the House Judiciary subcommittee, raised concerns that the DoJ would not keep its word, and noted that he is confused as to what the Justice Department's current position actually is. "I'm still not sure DoJ has disavowed such prosecutions - it's hard to know what DoJ's position is," he told POLITICO.
Downing offers minimal clarification: "What we do need to be careful about is to make sure... that we don't harm the ability to bring cases that everybody in the room would agree are proper and appropriate ones," he testified. "We are highly concerned about the effects of restricting the definition of 'exceeds authorized access' in the CFAA to disallow prosecutions based upon a violation of terms of service or similar contractual agreement with an employer or provider."
