11–20 of 104 posts
What would happen to foreigners entering the US with a "fake" facebook profile as their social media ID? Straight to jail or straight back home?
Nothing? Facebook is not a passport, you can be called whoever you want on it.
What would happen to foreigners entering the US with a "fake" facebook profile as their social media ID? Straight to jail or straight back home?
Nothing? Facebook is not a passport, you can be called whoever you want on it.
"You will not provide any false personal information on Facebook, or create an account for anyone other than yourself without permission."
What would happen to foreigners entering the US with a "fake" facebook profile as their social media ID? Straight to jail or straight back home?
Nothing? Facebook is not a passport, you can be called whoever you want on it.
Criminals go to jail.
That is the argument at least.
IANAL, but surely violating Terms of Use is essentially a breach of contract? Making breach of contract a crime would be very foolish indeed.
IANAL, but surely violating Terms of Use is essentially a breach of contract? Making breach of contract a crime would be very foolish indeed.
Is it though? Not a lawyer and my layman's intuition makes it hard to see a connection between ToS and contract.
Like, if I type `something.com` in my browser by accident and their ToS is "you owe us $400 for each TCP packet, kindly do provide goverment issued ID". So I have couple of questions:
- How is that different from ToS on Facebook?
- How marking a checkbox creates a contract between a person and entity owning a site, same way as my signature or providing personal info, address and money to Amazon in exchange for goods?
- And who that person would even be in FB case (anyone can put my name into a website from a public library computer)?
IANAL, but surely violating Terms of Use is essentially a breach of contract? Making breach of contract a crime would be very foolish indeed.
IANAL, but surely violating Terms of Use is essentially a breach of contract? Making breach of contract a crime would be very foolish indeed.
> surely violating Terms of Use is essentially a breach of contract Is it though? Not a lawyer and my layman's intuition makes it hard to see a connection between ToS and contract. Like, if I type `something.com` in my browser by accident and their ToS is "you owe us $400 for each TCP packet, kindly do provide goverment issued ID". So I have couple of questions: - How is that different from ToS on Facebook? - How mar…
I type 'something.com' and you owe me $400 for every IP packet you send. That's an equally valid (or invalid) ToS either.
IANAL, but surely violating Terms of Use is essentially a breach of contract? Making breach of contract a crime would be very foolish indeed.
Yes and no. The argument that it is a crime comes down to arguments around what constitutes 'unauthorised access'. As 'unauthorised access' to a computer system is a crime, if you make your definition of 'authorised' "access subject to our terms of use" : Huzzah! Violating your terms of use is now a crime! This all comes back to laws written in wooly "the courts will work it out" language.
IANAL, but surely violating Terms of Use is essentially a breach of contract? Making breach of contract a crime would be very foolish indeed.
I'll accept your argument as an upper bound on the issue. I don't agree fully with "breach of contract" in such cases, but it's less unreasonable than making it a criminal offense.
I don't think ToS should be able to be enforced either because it is unreasonable in today's society to assume checking that box in a sign-up process is actually giving informed consent to the terms for the wast majority of people. But even if it was, worst case it's a breach of contract.
Earlier quoted context omitted.
I'll accept your argument as an upper bound on the issue. I don't agree fully with "breach of contract" in such cases, but it's less unreasonable than making it a criminal offense.
That's a great perspective. Breach of contract would be the upper bound. I don't think ToS should be able to be enforced either because it is unreasonable in today's society to assume checking that box in a sign-up process is actually giving informed consent to the terms for the wast majority of people. But even if it was, worst case it's a breach of contract.
So how to deal with abusive users then? Hand wave and say it is okay to block them for certain actions that are not terms of service?
And of course arbitrary terms of service already can't be enforced.