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U.S. Department of Justice Seeks Law Against Lying Online (No more Facebook Pseudonyms?)
PC World ^ | 11/16/2011 | By Jared Newman

Posted on 11/16/2011 2:57:32 PM PST by SeekAndFind

Using a pseudonym on Facebook or fibbing about your age on a dating site could be illegal if the U.S. Department of Justice has its way.

The DOJ is going to Congress today to argue that Web sites' terms of service policies should be enforceable by law, according to CNet. For that purpose, the department seeks an expansion of the Computer Fraud and Abuse Act, a 25-year-old law that mainly deals with hacking, password trafficking, and threatening to damage a computer.

By outlawing terms of service violations, the department would have an easier time prosecuting cyberbullies such as Lori Drew, a 49-year-old woman who involved in a case where a 13-year-old girl committed suicide after interacting with a fake MySpace profile that Drew was involved with. Prosecutors got a conviction against Drew in 2008 for violating the Computer Fraud and Abuse Act, but the case was thrown out by a U.S. District Court judge.

"It basically leaves it up to a website owner to determine what is a crime," U.S. District Judge George Wu said of his verdict in 2009. "And therefore it criminalizes what would be a breach of contract."

That's exactly what the Department of Justice is trying to do now, through Congress

Is the Solution Too Broad?

The department's heart is in the right place, of course, but as groups like the American Civil Liberties Union and the Electronic Frontier Foundation pointed out in an August 2011 letter to the Judiciary Committee, outlawing terms of service violations is an overly broad way to solve the problem. In addition to snaring cyberbullies, it would also criminalize harmless fibs such as using a fake name on Facebook to protect privacy. It would also force people to digest needlessly long terms of service policies for online services,

(Excerpt) Read more at pcworld.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events
KEYWORDS: democrats; doj; dojisajoke; donttreadonme; facebook; fudoj; govtabuse; internet; inthemist; jbt; liberalfascism; lping; maybealittleblow; mymuslimfaith; nannystate; nazis; policestate; tyranny; waronliberty
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Do we all have to give our real names on FR now?
1 posted on 11/16/2011 2:57:34 PM PST by SeekAndFind
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To: SeekAndFind

Great! I guess that gun deal to Mexico is over so that they can concentrate on real crime in the US.


2 posted on 11/16/2011 3:00:21 PM PST by SkyDancer ('If you want to learn to love better, you should start with a friend who you hate ")
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To: SeekAndFind

How about a law making it illegal for a DoJ official to lie when testifying before Congress? Oh, wait, that’s what PERJURY is. /s


3 posted on 11/16/2011 3:00:21 PM PST by tgusa (gun control: deep breath, sight alignment, squeeze the trigger .......)
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To: SeekAndFind
Is there something wrong with the internet? Are people clamoring for new laws? I can't stand these buggers! More laws! More laws! More laws! They should be forced to repeal two laws in order to enact one. Get out of our lives!

If you don't like something on the internet, don't use it. Keep the government out!

4 posted on 11/16/2011 3:02:20 PM PST by douginthearmy
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To: SeekAndFind

Most of the DOJ need to be removed, Holder charged.


5 posted on 11/16/2011 3:03:59 PM PST by manc (Marriage is between one man and one woman. I HATE OUR BIAS LIBERAL CORRUPT MEDIA)
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To: SeekAndFind
Oh I suppose.

I'll go first, my name is Bob Dole.

6 posted on 11/16/2011 3:04:05 PM PST by EGPWS (Trust in God, question everyone else)
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To: SeekAndFind

Hasn’t the Supreme Court already ruled in some case that lying, despicable as it might be, is still part of the “freedom of speech” thingy?


7 posted on 11/16/2011 3:04:22 PM PST by djf (http://www.freerepublic.com/focus/f-chat/2801220/posts)
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To: douginthearmy
Is there something wrong with the internet?

Yes, it's way too hard to use to political advantage.

8 posted on 11/16/2011 3:05:36 PM PST by EGPWS (Trust in God, question everyone else)
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To: EGPWS
I'll go first, my name is Bob Dole.

I'm Spartacus.

9 posted on 11/16/2011 3:07:47 PM PST by Riley (The Fourth Estate is the Fifth Column.)
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To: SeekAndFind

Careful Department of InJustice you may not like what you get.

LEOs won’t be able to lie about who they are trying to catch be they a pedophile, a thief, a terrorist, .......

Getting worried?

No you’re to Holder DumbycRAT to worry!


10 posted on 11/16/2011 3:08:18 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
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To: douginthearmy

“They should be forced to repeal two laws in order to enact one.”
///////////////////////////////////////////////////////////////////////////////////////////////

I agree in principle but they should have to repeal 72 to enact one new one, kinda like the number of virgins a mooselimb mortar gets.


11 posted on 11/16/2011 3:09:24 PM PST by RipSawyer (This does not end well!)
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To: djf
the "freedom of speech" thingy

That is so 18th century.

12 posted on 11/16/2011 3:10:18 PM PST by all the best (`~!)
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To: EGPWS

That’s odd my name is Dob Bole.


13 posted on 11/16/2011 3:10:37 PM PST by RipSawyer (This does not end well!)
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To: Riley

Now you’ve done it.

I am Spartacus!


14 posted on 11/16/2011 3:11:36 PM PST by spankalib (The Marx-in-the-Parks crowd is a basement skunkworks operation of the AFL-CIO)
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To: spankalib

My wife, Morgan Fairchild, is not going to like this.


15 posted on 11/16/2011 3:13:16 PM PST by dfwgator (I stand with Herman Cain.)
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To: EGPWS
I'll go first, my name is Bob Dole.

Oooh! If that's a lie, you're in BIG trouble!

16 posted on 11/16/2011 3:13:24 PM PST by Right Wing Assault (Dick Obama is more inexperienced now than he was before he was elected.)
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To: spankalib
Say who? I am Spartacus!!!
17 posted on 11/16/2011 3:13:31 PM PST by ladyvet ( I would rather have Incitatus then the asses that are in congress today.)
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To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/


18 posted on 11/16/2011 3:15:09 PM PST by Nachum (The complete Obama list at www.nachumlist.com)
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To: RipSawyer
That’s odd my name is Dob Bole.<

I'M Bob Dole!

19 posted on 11/16/2011 3:15:11 PM PST by EGPWS (Trust in God, question everyone else)
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To: SeekAndFind

I thought SeekAndFind was your real name ;-).


20 posted on 11/16/2011 3:15:38 PM PST by GOP Poet (Obama is an OLYMPIC failure.)
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To: EGPWS

Yes....It is like secret ballots and unions HATING that!!!!

..what the government wants is to be able to Alinskyite anyone who happens to express “opinions” which disagree with their homosexual loving, pederasty loving, Marxist loving opinions. They will use FBI, CIA or IRS on their “enemies” like they did to Gibson Guitars and they did to people who gave money to protect marriage.

Their pagan/marxist agenda has to get rid of Objective Truth (and God) so they can eliminate pederasty from APA dysfunctional list and create more sexual anarchy on college campuses. They want drug addicted, hedonists who don’t pay attention to all the graft and corruption in Congress.

It undermines their agenda when people put the truth out there. Communists must silence the Truth from getting out—it makes their ideas look utterly stupid-—like the right to put body parts in disease causing places and CODIFY it!!!!! These Democrats and some Republicans are really SICK!


21 posted on 11/16/2011 3:16:01 PM PST by savagesusie
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To: EGPWS

Nobody uses Bob Dole’s name but me.....and nobody puts their fingers in Bob Dole’s Peanut Butter.


22 posted on 11/16/2011 3:17:12 PM PST by dfwgator (I stand with Herman Cain.)
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To: SeekAndFind

Damn, now we won’t be able to mention any quotes from Mark Twain or Vanilla Ice.


23 posted on 11/16/2011 3:17:32 PM PST by AmusedBystander (The philosophy of the school room in one generation will be the philosophy of government in the next)
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To: SeekAndFind

My real name is KickAssAndTakeNames. But I do feel that GOP Poet sort of speaks to my softer side. :-D. And we know how FR is a softer, gentler website. lol. NOT!


24 posted on 11/16/2011 3:17:49 PM PST by GOP Poet (Obama is an OLYMPIC failure.)
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To: Riley
I'm Spartacus.

I'm Batman.

25 posted on 11/16/2011 3:17:59 PM PST by Allegra (Hey! Stop looking at my tagline like that.)
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To: manc

Holder needs to be frog-walked right out of DOJ


26 posted on 11/16/2011 3:18:38 PM PST by Walrus (Big media is the natural enemy of liberty)
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To: Allegra

I’m the Empress of Massachusetts.


27 posted on 11/16/2011 3:18:54 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: SeekAndFind
History repeats itself, Samuel Adams used pseudonyms such as "Candidus" in the Boston Gazette prior to the Revolution.

Here we go again!

28 posted on 11/16/2011 3:20:03 PM PST by DTogo (High time to bring back the Sons of Liberty !!)
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To: dfwgator
Nobody uses Bob Dole’s name but me.....and nobody puts their fingers in Bob Dole’s Peanut Butter.

I'M THE REAL BOB DOLE!

I hate peanut butter!

29 posted on 11/16/2011 3:21:12 PM PST by EGPWS (Trust in God, question everyone else)
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To: SeekAndFind

I’m George P. Burdell

http://en.wikipedia.org/wiki/George_P._Burdell


30 posted on 11/16/2011 3:23:20 PM PST by HangnJudge
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To: douginthearmy
Is there something wrong with the internet? Are people clamoring for new laws?

The only thing "wrong" is Congress can't stand the thought that there is a single morsel, a single crumb, outside it jurisdiction.

31 posted on 11/16/2011 3:23:42 PM PST by 6SJ7 (Meh!)
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To: trisham

I am Patton. My parents cursed me with that name, I will wear it until they bury me in Arlington.


32 posted on 11/16/2011 3:23:48 PM PST by patton ("Je pense donc je suis," - My Horse.)
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To: SeekAndFind

The Supreme Court has already ruled that anonymous speech is a right implied in the First Amendment [1]. Further, there is a world of Constitutional issues that will arise if Congress ever makes violation of TOS a criminal act. The first is that TOS are subject to change without notice. You could be in compliance on Monday and a felon on Tuesday. Some sites would respond by making their TOS useless to enforce. Other sites would move to offshore hosting and adopt a non-US domain name.

I am the BuckWheat!

[1]
http://w2.eff.org/Privacy/Anonymity/

“...The Supreme Court has ruled repeatedly that the right to anonymous free speech is protected by the First Amendment. A much-cited 1995 Supreme Court ruling in McIntyre v. Ohio Elections Commission reads:

Protections for anonymous speech are vital to democratic discourse. Allowing dissenters to shield their identities frees them to express critical, minority views . . . Anonymity is a shield from the tyranny of the majority. . . . It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation . . . at the hand of an intolerant society.

The tradition of anonymous speech is older than the United States. Founders Alexander Hamilton, James Madison, and John Jay wrote the Federalist Papers under the pseudonym “Publius,” and “the Federal Farmer” spoke up in rebuttal. The US Supreme Court has repeatedly recognized rights to speak anonymously derived from the First Amendment.

The right to anonymous speech is also protected well beyond the printed page. Thus, in 2002, the Supreme Court struck down a law requiring proselytizers to register their true names with the Mayor’s office before going door-to-door. ...”


33 posted on 11/16/2011 3:24:59 PM PST by theBuckwheat
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To: SeekAndFind

Mildred Wilson here...


34 posted on 11/16/2011 3:25:19 PM PST by Bradís Gramma (I stand with Mr. Cain!)
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To: djf
Hasn’t the Supreme Court already ruled in some case that lying, despicable as it might be, is still part of the “freedom of speech” thingy?

Some federal courts have ruled the Stolen Valor Act unconstitutional on First Amendment grounds. The Supreme Court recently said it would take that issue. If it's argued this term, there should be a decision next Spring.

Historically it has not been illegal to lie. Civil damages for lying can only be awarded if the recipient relies on the lie to his financial detriment and his reliance was justified. Criminal penalties for lying generally only apply in cases of fraud with proof of intent to defraud.

What the Justice Department is proposing is just wrong.

35 posted on 11/16/2011 3:28:45 PM PST by colorado tanker
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"Change will not come if we wait for some other person or some other time. We are the ones we've been waiting for. We are the change that we seek".

Support Free Republic

36 posted on 11/16/2011 3:31:09 PM PST by DJ MacWoW (America! The wolves are here! What will you do?)
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To: SeekAndFind

My name Jose Jimenez, worlds greatest liar


37 posted on 11/16/2011 3:37:02 PM PST by muir_redwoods (Somewhere in Kenya, a village is missing an idiot)
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To: Riley
I'm Spartacus.

I'm Spartacus!
38 posted on 11/16/2011 3:37:08 PM PST by rockvillem
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To: Allegra

I’m afraidfortherepublic — literally.


39 posted on 11/16/2011 3:40:02 PM PST by afraidfortherepublic
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To: rockvillem; Riley

40 posted on 11/16/2011 3:40:24 PM PST by SeekAndFind (u)
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To: spankalib

No, *I* am Spartacus!


41 posted on 11/16/2011 3:57:32 PM PST by NativeNewYorker (Freepin' Jew Boy)
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To: NativeNewYorker

I am Jim Thompson!


42 posted on 11/16/2011 3:58:46 PM PST by dfwgator (I stand with Herman Cain.)
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To: SeekAndFind

Lots of us do...


43 posted on 11/16/2011 4:01:19 PM PST by Michael Barnes (Obamaa+ Downgrade)
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To: Riley; EGPWS

I am John Galt.


44 posted on 11/16/2011 4:02:06 PM PST by elkfersupper (Member of the Original Defiant Class)
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To: Walrus

agreed but right beh9ind him should be the lunatics and race baiters which were put in there in the last few years.

When a DOJ has an agenda of ignoring black crime but going after whites then it is racist and he should have gone right after those black supremacists at the voting booth had their charges dropped.

The media would like us to forget that the GOP have forgot that but some of us have not.


45 posted on 11/16/2011 4:11:06 PM PST by manc (Marriage is between one man and one woman. I HATE OUR BIAS LIBERAL CORRUPT MEDIA)
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To: djf

Nice catch!


46 posted on 11/16/2011 4:11:13 PM PST by rocksblues (Obama, the biggest liar in the history of American politics!)
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To: savagesusie

They want drug addicted, hedonists who don’t pay attention to all the graft and corruption...

Hey Susie
wanna be the wife of Spartacus?


47 posted on 11/16/2011 4:18:17 PM PST by spankalib (The Marx-in-the-Parks crowd is a basement skunkworks operation of the AFL-CIO)
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To: EGPWS
I'll go first, my name is Bob Dole.

And I'm Ross Perot.............. :)

48 posted on 11/16/2011 4:18:45 PM PST by Sarajevo (Is it true that cannibals don't eat clowns because they taste funny?)
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To: SeekAndFind

Limo-Libs want this badly so they can persecute politically incorrect people on line. Too much talkin’ goin’ on out there.

They are trying to sell this as forbidding lying on dating sites - something everyone hates.

They have a real problem when people have free speech they can’t punish and harass.


49 posted on 11/16/2011 4:19:03 PM PST by SaraJohnson
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Donate Today!

50 posted on 11/16/2011 4:20:01 PM PST by RedMDer (Forward With Confidence!)
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