Petition to reform the Computer Fraud and Abuse Act
petitions.whitehouse.gov
Petition to reform the Computer Fraud and Abuse Act
1–10 of 16 posts
Re: Petition to reform the Computer Fraud and Abuse Act
#2The problem is wider than the CFRA. The problem is with criminal prosecution of citizens that were not intending to commit a crime. Criminal intent is a cornerstone of our legal system but more and more it's becoming unimportant in prosecutions.
Re: Petition to reform the Computer Fraud and Abuse Act
#3Do you think Pussyriot would be free today if there were no laws against "hooliganism and incitement of religious hatred"? Once the prosecutors go after someone, they will try to win at all costs, to the point of ruining someone and their family members.
Re: Petition to reform the Computer Fraud and Abuse Act
#4I think the danger with encouraging lawmakers ignorant of how computers work to make more laws is that they will not actually improve things.
Re: Petition to reform the Computer Fraud and Abuse Act
#5It's a workable first step. Some suggestions:
You need to actually suggest new wording. Lawyers can be consulted -- does the EFF propose model legislation? Perhaps it should.
Convincing your senators and representatives that this is an injustice that needs to be fixed would help.
Re: Petition to reform the Computer Fraud and Abuse Act
#6The problem is wider than the CFRA. The problem is with criminal prosecution of citizens that were not intending to commit a crime. Criminal intent is a cornerstone of our legal system but more and more it's becoming unimportant in prosecutions.
I've always heard the phrase "ignorance of the law excuses no one". Now, should it? In many cases maybe so, but we all know the obvious cases where it probably shouldn't.
But to assume that intent is the rule of thumb or has been since... Well, I'm 32 and have never understood it to be. To assume that it is, is odd to me. That's genuinely an attitude I've never heard argued by someone who wasn't an accused party.
Re: Petition to reform the Computer Fraud and Abuse Act
#7The problem is wider than the CFRA. The problem is with criminal prosecution of citizens that were not intending to commit a crime. Criminal intent is a cornerstone of our legal system but more and more it's becoming unimportant in prosecutions.
I've always heard the phrase "ignorance of the law excuses no one". Now, should it? In many cases maybe so, but we all know the obvious cases where it probably shouldn't. But to assume that intent is the rule of thumb or has been since... Well, I'm 32 and have never understood it to be. To assume that it is, is odd to me. That's genuinely an attitude I've never heard argued by someone who wasn't an accused party.
The concept that ignorance of the law is not an excuse is certainly critical here. The principle exists since it would be easy to simply claim ignorance.
At the same time, the concept of "mens rea" or "a guilty mind" plays an important part in criminal law. If you knew what you were doing was wrong, and you did it anyway, that establishes intent. For example, you can't typically be punished for trespassing until you've been told you are trespassing (hence signs that say "Posted - No Tresspassing"). Once you continue onto the property, you've committed the act overtly, and are therefore guilty of a crime.
Re: Petition to reform the Computer Fraud and Abuse Act
#8Do you think Pussyriot would be free today if there were no laws against "hooliganism and incitement of religious hatred"? Once the prosecutors go after someone, they will try to win at all costs, to the point of ruining someone and their family members.
That is the issue that needs a petition.
Re: Petition to reform the Computer Fraud and Abuse Act
#9This petition is guranteed to fail. The domain of writing, passing, and modifying laws is the domain of Congress, not the President. You can pester the President all you want, but it is not within his Constitutional powers to do anything about the law. (Indeed, even announcing that the DOJ should not enforce the law is a potentially impeachable offense depending on the political environment.)
If you want the CFAA reformed, call, write, and/or meet with your Congressional Rep and Senator and tell them what you think of the law.
Re: Petition to reform the Computer Fraud and Abuse Act
#10Do you think Pussyriot would be free today if there were no laws against "hooliganism and incitement of religious hatred"? Once the prosecutors go after someone, they will try to win at all costs, to the point of ruining someone and their family members.
Wrong country. If they had pulled those stunts in America, 2 of them wouldn't be sitting in a prison cell right now.