CFAA "Reforms" Discussed in Congress Fail to Improve

As early as April 10, Congress may vote on amendments to reform the Computer Fraud and Abuse Act – basically, the legislation used to punish cyber "criminals." Not that they don't already, but the reforms may make criminals out of almost every Internet user in the country.

"Over the weekend, they (Congress) began circulating a "draft" of a "cyber-security" bill that is so bad that it almost feels like the Judiciary Committee is doing it on purpose as a dig at online activists who have fought back against things like SOPA, CISPA and the CFAA. Rather than fix the CFAA, it expands it. Rather than rein in the worst parts of the bill, it makes them worse. And, from what we've heard, the goal is to try to push this through quickly, with a big effort underway for a "cyberweek" in the middle of April that will force through a bunch of related bills." –Mike Masnick, "Rather Than Fix The CFAA, House Judiciary Committee Planning To Make It Worse... Way Worse."

[[Check out Congress' discussion draft of the cyber security bill (primary source).]]

Reform is crucial, as the letter of the law so heinously does not reflect the spirit of the "crimes" defined in the policy. There is a huge disconnect between what is socially acceptable and legally acceptable when it comes to online activities.

All websites and online services require users to agree to a "terms and conditions" agreement. The CFAA (with its new amendments) would state that a violation of said agreements are punishable by law.

• Making a Facebook account for your pet? Violation.
• Checking your family airline miles on your husband or wife's account? Violation. 
• "Exceeding authorized access," one of the new amendments, means even if you are allowed to obtain information from the site, you can be violating the agreement if you misuse it. Felony.

The CFAA originally passed in 1984, before the Dot Com Boom and the advances in digital technologies which are now so imbedded in our culture. Though it has been amended several times – most recently in 2008 – Congress is now taking backward steps to make the CFAA worse.
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Fix the CFAA: get involved by telling Congress that their expansions of the CFAA are not acceptable and demand better reform.

Demand Progress, the organization Aaron Swartz worked for before he committed suicide earlier this year, is also trying to amend the CFAA and pass "Aaron's Law."