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<title>Techdirt. Stories filed under &quot;felony&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;felony&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Wed, 3 Apr 2013 11:12:36 PDT</pubDate>
<title>DJs' 'Dihydrogen Monoxide' April Fool's Prank Results In Suspension And Possible Felony Charges</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130402/21100522556/djs-dihydrogen-monoxide-april-fools-prank-results-suspension-possible-felony-charges.shtml</link>
<guid>http://www.techdirt.com/articles/20130402/21100522556/djs-dihydrogen-monoxide-april-fools-prank-results-suspension-possible-felony-charges.shtml</guid>
<description><![CDATA[ <p>
April Fool's Day. Either you love it or you hate it. There's not much middle ground. As a writer on The Internet, April Fool's Day is a 24-hour deathtrap composed of plausible stories that will set you on fire the moment you press the Publish button. It turns even the most cheerful of writers into a deeply cynical curmudgeon, one who approaches each possible scoop with more suspicion than the heavily-bearded guy down the street who's building a bunker under his garage and frequently answers the door wearing nothing but a shotgun. (Much of this reverts back to normal following the "holiday," but each year adds another layer of resentful suspicion. In fact, if you cut open a writer, you can simply count the rings to determine how many years they've been in the business.)
<br /><br />
For many people, though, April Fool's Day is a 24-hour period filled with lighthearted pranks and sub-Onion quasi-satire. They love cheerful shenanigans and they love being fooled. Except when they don't. Then it's suddenly "gone too far" and concerned foolees start pressing for "something to be done about it." This is one of those stories, the kind where you can't fool all of the people all of the time, <a href="http://www.theatlanticwire.com/entertainment/2013/04/florida-djs-april-fools-water-joke/63798/" target="_blank">but you can temporarily fool enough of them that someone gets seriously pissed off</a>.
<blockquote>
<i>Florida country radio morning-show hosts Val St. John and Scott Fish are currently serving indefinite suspensions and possibly worse over a successful April Fools' Day prank. They told their listeners that "dihydrogen monoxide" was coming out of the taps throughout the Fort Myers area.</i></blockquote>
If you're not familiar with the term "dihydrogen monoxide," you'll be thrilled to know that the compound is damn near everywhere. Not only that, but its ubiquity has prompted many a petition to be signed fervently in favor of banning the dangerous-sounding substance completely. No one's really sure what <i>makes</i> it so dangerous, but anything containing two parts hydrogen and one part oxygen can't be completely safe.
<br /><br />
Of course, anyone who's paid attention over the last <a href="http://en.wikipedia.org/wiki/Dihydrogen_monoxide_hoax" target="_blank">couple of decades</a> (<i>at least</i>) knows that dihydrogen monoxide is water. What's surprising is that a couple of pranking DJs could find enough people unaware of this fact to a.) pull off the prank and b.) <b>possibly face felony charges</b>. Wait... what?
<blockquote>
<i>[A]pparently, the station, the water works, and perhaps the authorities are still trying to figure out if the two hosts could face felony charges for, again, reporting that the scientific name of water was coming out of the pipes. "My understanding is it is a felony to call in a false water quality issue," Diane Holm, a public information officer for Lee County, told WTSP, while Renda stood firm about his deejays: "They will have to deal with the circumstances."</i></blockquote>
It seems unlikely the DJ duo will actually face felony charges, but they are currently suspended after being yanked off the air in the middle of their morning show. Apparently, enough people expressed their concern about dihydrogen monoxide leakage that the local water utility was forced to <a href="http://www.leegov.com/NewsReleases/Documents/Lee%20County%20Utilities%20Water%20Safe%20to%20Drink.pdf" target="_blank">issue a statement</a>.
<br /><br />
These reactions to an April Fool's prank that occurred on a day when pranks are to be expected seem rather overblown. The DJs are suspended indefinitely for technically telling the truth and the station has indicated the pair are facing additional punishment. Sure, nobody wants to feel like a fool, but that is the totality of April 1st. If this many people can't take being taken for a ride on the foolingest day of the year, then it's a clear sign that the national sense of humor is in critical condition. (We've already eulogized the national sense of proportion and scattered its ashes across a variety of moral panics and Terms of Service outrages.) To put it in more familiar terms, "If you can't laugh at yourself, the terrorists win."
<br /><br />
[It appears the terrorists have won. (Again.) A poll on the <a href="http://www.gatorcountry1019.com/staff/morningshow.aspx" target="_blank">radio station's website</a> (warning: ads frickin' everywhere even with Adblock) shows that 78% of the respondents believe the DJs should return to the airwaves "never." (Poll is no longer live, but an "indefinite" suspension could technically lead to returning "never.")]
</p><br /><br /><a href="http://www.techdirt.com/articles/20130402/21100522556/djs-dihydrogen-monoxide-april-fools-prank-results-suspension-possible-felony-charges.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130402/21100522556/djs-dihydrogen-monoxide-april-fools-prank-results-suspension-possible-felony-charges.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130402/21100522556/djs-dihydrogen-monoxide-april-fools-prank-results-suspension-possible-felony-charges.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>is-actually-Dolan-water</slash:department>
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<pubDate>Wed, 6 Feb 2013 05:31:00 PST</pubDate>
<title>Arizona Politician Parodied By Fake Twitter Accounts Pushes Bill To Make Online Impersonation A Felony</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130205/08220021887/arizona-politician-parodied-fake-twitter-accounts-pushes-bill-to-make-online-impersonation-felony.shtml</link>
<guid>http://www.techdirt.com/articles/20130205/08220021887/arizona-politician-parodied-fake-twitter-accounts-pushes-bill-to-make-online-impersonation-felony.shtml</guid>
<description><![CDATA[ It's become quite common these days to see people set up "fake" social network profiles for certain people as a way to parody them.  There have been a few lawsuits here and there over such fake profiles, but should they be a crime?  As noted by the Citizen Media Law Project, Arizona State Representative Michelle Ugenti has proposed a bill that <a href="http://www.citmedialaw.org/blog/2013/parody-or-crime-az-bill-may-blur-line?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A CitizenMediaLawProject %28Citizen Media Law Project%29" target="_blank">would make it a class 5 felony</a> to impersonate someone online "with the intent to harm, defraud, intimidate or threaten."  That last part, obviously, limits the purely parodical accounts, but the definitions of those words could be quite broad, and the risk of an overly broad interpretation is quite real.  Considering that class 5 felonies in Arizona come with a "presumptive sentence of a year and a half imprisonment," you would hope that the definitions here would be a lot clearer.
<br /><br />
Of course, as the CMLP article notes, you have to wonder if Ugenti proposed this bill for personal reasons -- seeing as there are some parody twitter accounts for her, specifically <a href="https://twitter.com/RubbingUGently" target="_blank">@RubbingUGently</a> and <a href="https://twitter.com/RepMUgenti" target="_blank">@RepMUgenti</a>.  It seems that Rep. Ugenti got some attention for snapping at a bunch of students, who would be charged $2,000 more (regardless of their financial aid setup) to attend university in the state, "welcome to life," and for making a <a href="http://azleg.granicus.com/MediaPlayer.php?view_id=13&#038;clip_id=10098" target="_blank">hacky masturbation joke</a> during committee hearings.  If you want, the quip is at 2:14:30, and involves another committee member asking how long the hearings are going to run, and saying that he has "a hot date" that he wants to get to, leading her to say: "No you don't. Stop it. Your right hand doesn't count."  All clearly overheard on microphone.
<br /><br />
Would those parody accounts be subject to this new law?  CMLP suggests they would likely be protected under the First Amendment, but of course, it could involve a long and convoluted trial to prove that point.  Just the threat of jail time could create serious chilling effects on parody speech.  As for Rep. Ugenti being concerned about fake Twitter and Facebook profiles, perhaps she should take her own advice: "welcome to life."<br /><br /><a href="http://www.techdirt.com/articles/20130205/08220021887/arizona-politician-parodied-fake-twitter-accounts-pushes-bill-to-make-online-impersonation-felony.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130205/08220021887/arizona-politician-parodied-fake-twitter-accounts-pushes-bill-to-make-online-impersonation-felony.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130205/08220021887/arizona-politician-parodied-fake-twitter-accounts-pushes-bill-to-make-online-impersonation-felony.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>be-careful-who-you-parody</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130205/08220021887</wfw:commentRss>
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<pubDate>Tue, 6 Nov 2012 11:02:46 PST</pubDate>
<title>Wisconsin Warns: If You Tweet Photos Of Your Completed Ballot, You Can Go To Jail</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121106/09260420947/wisconsin-warns-if-you-tweet-photos-your-completed-ballot-you-can-go-to-jail.shtml</link>
<guid>http://www.techdirt.com/articles/20121106/09260420947/wisconsin-warns-if-you-tweet-photos-your-completed-ballot-you-can-go-to-jail.shtml</guid>
<description><![CDATA[ It's election day, of course, and with that comes some amount of civic pride among a number of voters.  That's a good thing, for the most part, and in this era of social media and people sharing photos and videos about their lives, plenty of people are sharing imagery of their own ballot.  Perfectly reasonable, right?  Well, yes, except when that runs into laws designed to keep your ballots secret.  There are, of course, good intentions behind such laws.  But mixed in with <a href="http://www.citmedialaw.org/documenting-vote-2012" target="_blank">all those local laws</a> concerning camera usage inside a polling place are some that could cause trouble for people doing something quite ordinary.  For example, it appears that people in Wisconsin who decide to Instagram/Tweet/Facebook an image of their ballots, have <a href="http://allthingsd.com/20121106/if-you-want-to-stay-out-of-jail-dont-instagram-your-ballot/?mod=atdtweet" target="_blank">committed a class I felony, election fraud</a>.  And this doesn't appear to just be a law that the state is going to ignore either.  It's been <a href="http://www.nbc15.com/home/headlines/Wisconsin_GAB_Is_Felony_To_Tweet_Photo_Of_Your_Ballot_154196315.html" target="_blank">issuing warnings</a> to people that they could face felony charges if they do post those photos.  Undoubtedly, many will be unaware that they're committing election fraud when they thought they were just showing civic pride.  One hopes that officials in Wisconsin, and other states, take the context into account before moving forward with any legal responses.<br /><br /><a href="http://www.techdirt.com/articles/20121106/09260420947/wisconsin-warns-if-you-tweet-photos-your-completed-ballot-you-can-go-to-jail.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121106/09260420947/wisconsin-warns-if-you-tweet-photos-your-completed-ballot-you-can-go-to-jail.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121106/09260420947/wisconsin-warns-if-you-tweet-photos-your-completed-ballot-you-can-go-to-jail.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>civic-pride-and-handcuffs</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121106/09260420947</wfw:commentRss>
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<pubDate>Thu, 17 Nov 2011 13:33:00 PST</pubDate>
<title>DOJ Two Step: It Should Be A Criminal Offense To Lie About Your Age On Facebook... But We Probably Won't Go After You For It</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111117/02375716801/doj-two-step-it-should-be-criminal-offense-to-lie-about-your-age-facebook-we-probably-wont-go-after-you-it.shtml</link>
<guid>http://www.techdirt.com/articles/20111117/02375716801/doj-two-step-it-should-be-criminal-offense-to-lie-about-your-age-facebook-we-probably-wont-go-after-you-it.shtml</guid>
<description><![CDATA[ While we obviously spent a lot of time on the SOPA hearings this week, there was another Judiciary Committee meeting of interest this week <a href="http://judiciary.house.gov/hearings/hear_11152011.html" target="_blank">concerning cybersecurity</a>.  Part of the discussion focused on the Computer Fraud and Abuse Act (CFAA), which is being regularly <a href="http://www.techdirt.com/articles/20100305/0404088432.shtml">abused</a> by law enforcement to bring all sorts of questionable charges against people.  This, by the way, is one of the reasons why we fear the felony provisions in SOPA, because we know how the DOJ abuses similar laws.
<br /><br />
In this case, one of the key issues is that law enforcement has used the law in the past to say that any violation of a terms of service agreement -- such as lying about your age when signing up for a dating site -- could be a criminal offense under the CFAA.  That, of course, is insane.  Even more ridiculous, however, is that the DOJ's official testimony at the hearing was <a href="http://www.cbsnews.com/8301-205_162-57324944/doj-fibbing-on-web-sites-should-be-a-crime/" target="_blank">about how important it was to keep this part of the law in place</a>, allowing it to add questionable charges.
<blockquote><i>
The law must allow "prosecutions based upon a violation of terms of service or similar contractual agreement with an employer or provider," -- Richard Downing,  Justice Department's deputy computer crime chief
</i></blockquote>
But then, Downing also seems to be <a href="http://www.politico.com/news/stories/1111/68486.html" target="_blank">saying the exact opposite</a>:
<blockquote><i>
&ldquo;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. We don&rsquo;t have the time or resources to do that,&rdquo; 
</i></blockquote>
So.... the law must allow such prosecutions, but it has no interest in bringing such prosecutions.  That makes perfect sense.  If you're a DOJ official, I guess.  For the rest of us... huh?<br /><br /><a href="http://www.techdirt.com/articles/20111117/02375716801/doj-two-step-it-should-be-criminal-offense-to-lie-about-your-age-facebook-we-probably-wont-go-after-you-it.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111117/02375716801/doj-two-step-it-should-be-criminal-offense-to-lie-about-your-age-facebook-we-probably-wont-go-after-you-it.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111117/02375716801/doj-two-step-it-should-be-criminal-offense-to-lie-about-your-age-facebook-we-probably-wont-go-after-you-it.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-that's-comforting</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111117/02375716801</wfw:commentRss>
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<pubDate>Mon, 31 Oct 2011 15:53:33 PDT</pubDate>
<title>Do The Authors Of The Felony Streaming Bills Even Know What The Details Of Their Own Bills Mean?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111031/01573016565/do-authors-felony-streaming-bills-even-know-what-details-their-own-bills-mean.shtml</link>
<guid>http://www.techdirt.com/articles/20111031/01573016565/do-authors-felony-streaming-bills-even-know-what-details-their-own-bills-mean.shtml</guid>
<description><![CDATA[ After Justin Bieber himself <a href="http://www.techdirt.com/articles/20111028/12580416553/justin-bieber-senator-klobuchar-should-be-locked-up-felony-streaming-bill.shtml">pointed out</a> how silly the various bills in both the Senate and the House (S.978 and SOPA, respectively) concerning making streaming a felony were, the office of the key sponsor behind S.978, Senator Amy Klobuchar's, insisted that Justin Bieber didn't understand the bill.  We've been hearing the same thing from a few others, who insist that, at best, the streaming felony bill might make a service provider liable for felony charges, but <a href="http://www.billboard.biz/bbbiz/industry/legal-and-management/why-justin-bieber-won-t-go-to-jail-for-posting-1005432602.story" target="_blank">would not impact an uploader such as Justin Bieber</a>.
<br /><br />
After looking over the details, I'm not convinced that's true -- and neither are the folks at Fight for the Future, and some of their legal experts.  They've now put up a site called <a href="http://www.bieberisright.org/" target="_blank">BieberIsRight.org</a>, highlighting the legal problems, and how it appears that Klobuchar and the supporters of SOPA don't even understand their own bills.  Part of the claim is that it's only the service provider who would be responsible for the "performance," but that's not supported by the case law.  Hell, it's not even supported by Klobuchar's own co-sponsor, Senator Chris Coons, who admitted that it wouldn't just criminalize service providers, but "individuals and sites providing the streamed content." 
<br /><br />
But the bigger issue highlighted by the site is that there is caselaw showing that "a transmission that ultimately results in a performance to the public is, itself, a public performance."  That would suggest that merely uploading to a site that then allows a performance to the public could certainly be interpreted as a public performance.  Furthermore, in the case of Bieber, the problem <b>is not</b> that he merely uploaded the videos.  I agree that for people who merely upload videos of other people's work, this might not apply.  But Bieber clearly was <i>performing</i> the works of others in his videos.  The uploading isn't the issue.  The performance <b>in</b> the video then <i>combined</i> with the public performance <b>of</b> the infringing video seems like it could easily fall under the law.
<br /><br />
Yes, this is a question of interpretations of the law, and a large part of the problem is that the text as Klobuchar and (on the House side) Lamar Smith have put forward, doesn't carefully distinguish, meaning that no matter how many times they insist the law won't apply to people like Justin Bieber, we really won't know that for sure until the courts weigh in -- and the ambiguity, especially given the existing case law, means it's no sure thing.  One hopes that the court would give weight to the statements of Klobuchar's staff, but there's no guarantee that they will.  Besides, any law that is going to require hunting down the press quotes from staffers to prove that it doesn't mean what it seems to say on its face is, without a doubt, a bad and dangerous law.
<br /><br />
So why is Klobuchar so focused on getting it passed?<br /><br /><a href="http://www.techdirt.com/articles/20111031/01573016565/do-authors-felony-streaming-bills-even-know-what-details-their-own-bills-mean.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111031/01573016565/do-authors-felony-streaming-bills-even-know-what-details-their-own-bills-mean.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111031/01573016565/do-authors-felony-streaming-bills-even-know-what-details-their-own-bills-mean.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>doesn't-sound-like-it</slash:department>
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<pubDate>Fri, 16 Sep 2011 11:06:12 PDT</pubDate>
<title>Congress Debating If Putting A Fake Name On Facebook Should Be A Felony</title>
<dc:creator>Brady Kriss</dc:creator>
<link>http://www.techdirt.com/articles/20110915/23242315975/congress-debating-if-putting-fake-name-facebook-should-be-felony.shtml</link>
<guid>http://www.techdirt.com/articles/20110915/23242315975/congress-debating-if-putting-fake-name-facebook-should-be-felony.shtml</guid>
<description><![CDATA[ On Wednesday, George Washington Law professor and former federal prosecutor <a href="http://www.law.gwu.edu/Faculty/profile.aspx?id=3568" target="_blank">Orin Kerr</a> authored an op-ed in The Wall Street Journal, posing the question <a href="http://online.wsj.com/article/SB10001424053111903285704576562294116160896.html" target="_blank">"Should faking a name on Facebook be a felony?"</a> He was, of course, talking about the infamous Computer Fraud and Abuse Act (CFAA), which Congress is preparing to update. The CFAA, as has been <a href="http://www.techdirt.com/articles/20100305/0404088432.shtml">noted</a> here many times, is a federal law passed in the '80s and initially designed to combat malicious computer hacking, but which has become bloated, stretched and over-applied in the years since. 
<br /><br />
At the root of many of the arguably overreaching applications of the CFAA is the prohibition on conduct which "exceeds authorized access" to a computer system. According to Kerr:
<blockquote><i>
The problem is that a lot of routine computer use can exceed "authorized access." Courts are still struggling to interpret this language. But the Justice Department believes that it applies incredibly broadly to include "terms of use" violations and breaches of workplace computer-use policies.
<br /><br />
Breaching an agreement or ignoring your boss might be bad. But should it be a federal crime just because it involves a computer? If interpreted this way, the law gives computer owners the power to criminalize any computer use they don't like.
</i></blockquote>
And Professor Kerr should know, he was the attorney who <a href="http://www.techdirt.com/articles/20081126/1223412965.shtml">defended Lori Drew</a> when she was charged with a felony for making a fake MySpace profile. The Justice Department's position that a violation of a terms of service constitutes a federal crime basically makes the Federal government the enforcer of private contracts. Got an employee spending too much time on Facebook? Turn them in to the Feds. Someone posting comments you just don't like on your blog? Call the DOJ. Or threaten to. The chilling effect alone should be enough to keep your users in line.
<br /><br />
Would you believe that some politicians are even thinking of making the bill <i>even worse</i>?
<br /><br />
Professor Kerr's primary concern expressed in the op-ed was that the CFAA was going to be amended to make <i>any violation</i> of the CFAA a felony. Hopefully, this won't pan out. The <a href="http://www.whitehouse.gov/sites/default/files/omb/legislative/letters/law-enforcement-provisions-related-to-computer-security-full-bill.pdf">original Administration proposal</a> (pdf) did increase the baseline punishment for any violation of the CFAA (including exceeding authorized access) from a misdemeanor level offense (less than one year) to a felony. But, thankfully, the Judiciary Committee didn't take the Administration's suggestion. Lets hope it stays that way as this bill makes its epic journey through the Washington legislative sausage maker.
<br /><br />
There is yet a glimmer of rational-thought hope. Senators Grassley and Franken have <a href="http://judiciary.senate.gov/legislation/upload/JEN11A19-Grassley-Franken.pdf" target="_blank">introduced an amendment</a> (pdf) which would modify the definition of "exceeds authorized access" to <i>exclude</i> violations of a TOS, if that's the only basis for the charge of violating the CFAA, effectively improving the CFAA instead of making it worse. Fingers crossed that the amendment makes it in.<br /><br /><a href="http://www.techdirt.com/articles/20110915/23242315975/congress-debating-if-putting-fake-name-facebook-should-be-felony.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110915/23242315975/congress-debating-if-putting-fake-name-facebook-should-be-felony.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110915/23242315975/congress-debating-if-putting-fake-name-facebook-should-be-felony.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-to-turn-the-whole-world-into-felons</slash:department>
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<pubDate>Wed, 20 Jul 2011 16:01:56 PDT</pubDate>
<title>Phoenix DA Decides Not To File Charges Against Woman Accused Of Groping TSA Agent</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110720/15284715179/phoenix-da-decides-not-to-file-charges-against-woman-accused-groping-tsa-agent.shtml</link>
<guid>http://www.techdirt.com/articles/20110720/15284715179/phoenix-da-decides-not-to-file-charges-against-woman-accused-groping-tsa-agent.shtml</guid>
<description><![CDATA[ Well, well.  There was a lot of talk earlier this week about the woman, Yukari Miyamae, who was <a href="http://www.techdirt.com/articles/20110716/01133715116/woman-faces-felony-charges-groping-tsa-agent.shtml">arrested</a> for allegedly groping a TSA agent at a security checkpoint.  The police reports claimed she had grabbed the agent's breast.  In some press reports, Miyamae had claimed she did not actually grope anyone.  And now... <a href="http://www.thedenverchannel.com/news/28599213/detail.html" target="_blank">the district attorney's office in Phoenix has decided not to press charges</a>, claiming that what she did "did not rise to the level of a felony offense under state law."  She may still be charged with a misdemeanor, however, though that would be a city issue.  At this point, it's not entirely clear what happened.  Either the original claims by the police were simply not accurate and she didn't do what they claimed (as she asserts).  Or the DA may have realized that going forward with such a prosecution would be problematic for a variety of reasons, not the least of which is the equivalence issue that plenty of people have raised, about whether or not the TSA gropings themselves are a form of sexual molestation.<br /><br /><a href="http://www.techdirt.com/articles/20110720/15284715179/phoenix-da-decides-not-to-file-charges-against-woman-accused-groping-tsa-agent.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110720/15284715179/phoenix-da-decides-not-to-file-charges-against-woman-accused-groping-tsa-agent.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110720/15284715179/phoenix-da-decides-not-to-file-charges-against-woman-accused-groping-tsa-agent.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>is-that-good-or-bad?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110720/15284715179</wfw:commentRss>
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<item>
<pubDate>Wed, 6 Jul 2011 15:59:00 PDT</pubDate>
<title>Tons Of YouTube Users Putting Up Videos In Protest To S.978</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110706/01485514984/tons-youtube-users-putting-up-videos-protest-to-s978.shtml</link>
<guid>http://www.techdirt.com/articles/20110706/01485514984/tons-youtube-users-putting-up-videos-protest-to-s978.shtml</guid>
<description><![CDATA[ We've been talking a lot about Senate bill S.978, from Senators Amy Klobuchar, John Cornyn and Christopher Coons, which would adjust the criminal copyright statutes to make some forms of linking/embedding/streaming a felony for which people could face 5 years in jail.  As we've noted from the beginning, the really scary part is the ignorance of people supporting this bill, in ignoring how it could make tons of people liable.  They insist that there's no problem here because (a) the bill requires the streams/embeds to be for commercial purposes and (b) because the "value" has to be greater than $2,500.  What they ignore (despite plenty of people pointing it out) is that it's not hard for people to show that something is done for commercial purposes.  If you have ads on your site, even if they make you pennies, you're "making money."  And the "value" of the work can easily be estimated or exaggerated at over $2,500.  Again, no one is claiming that the feds are suddenly going to go after your average YouTube embedder, but the problem with this change to the law is that it <i>could be used that way</i>.  Federal prosecutors have made use of ambiguous or questionable laws like this in the past, such as attempts to misuse the CFAA bill, which is designed for those who break into computer systems, against people like Lori Drew who was mean to a teenager on MySpace.
<br /><br />
We've noted that the bill is getting more attention of late, and it appears that the YouTube community has awakened to the problems with it.  If you now do a <a href="http://www.youtube.com/results?search_query=s978&#038;aq=f" target="_blank">YouTube search on s978</a>, there are a rapidly growing number of results, with plenty of people speaking out against the bill, in part due to claims and some videos from YouTubers related to <a href="http://www.techdirt.com/articles/20110702/01421814944/video-gamers-realizing-streaming-criminalization-bill-might-make-lot-them-into-criminals.shtml">worries from video gamers</a>.
<br /><br />
Tragically, going through a bunch of the videos... nearly all of them gets the facts wrong in some manner (sometimes getting nearly all the details wrong).  I worry about that, because it allows politicians to brush aside the very real concerns about the unintended consequences of the bill.  Also, some of the incorrect statements seem to lead to people saying that the bill won't pass because "something that stupid can't pass."  And, indeed, no bill is going to pass that will force all these people to take their videos down or to fine them for old videos as some have suggested.  The risk is in how the bill could be used by federal prosecutors to go after people embedding certain videos, and then using the letter of the law (though clearly not the spirit) to go after people.
<br /><br />
It's good to see so many people speaking out, but it would be better if they spoke <i>factually</i> about the bill, rather than running with some of the wilder assumptions that people seem to be making.<br /><br /><a href="http://www.techdirt.com/articles/20110706/01485514984/tons-youtube-users-putting-up-videos-protest-to-s978.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110706/01485514984/tons-youtube-users-putting-up-videos-protest-to-s978.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110706/01485514984/tons-youtube-users-putting-up-videos-protest-to-s978.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-for-them</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110706/01485514984</wfw:commentRss>
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<item>
<pubDate>Fri, 17 Jun 2011 08:28:00 PDT</pubDate>
<title>Senators Unconcerned About Massive Unintended Consequences Of Criminalizing People For Embedding YouTube Videos</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110616/16480114722/senators-unconcerned-about-massive-unintended-consequences-criminalizing-people-embedding-youtube-videos.shtml</link>
<guid>http://www.techdirt.com/articles/20110616/16480114722/senators-unconcerned-about-massive-unintended-consequences-criminalizing-people-embedding-youtube-videos.shtml</guid>
<description><![CDATA[ This is really no surprise, but the same Senate Judiciary Committee that <a href="http://www.techdirt.com/articles/20110526/08131414441/18-senators-who-approve-breaking-internet-to-protect-hollywood.shtml"> unanimously approved</a> the PROTECT IP Act, despite worries from <a href="http://www.techdirt.com/articles/20110531/13331214491/why-protect-ip-breaks-internet.shtml">internet experts</a> and <a href="http://www.techdirt.com/articles/20110609/10064014638/nytimes-la-times-come-out-against-protect-ip-act-as-written.shtml">major media</a> about how it would break the internet, has now <a href="http://www.thewrap.com/media/column-post/industry-unions-hail-senates-efforts-crack-down-illegal-streaming-28293" target="_blank">also unanimously approved the anti-internet streaming bill</a> that makes it a felony to stream certain videos online -- potentially putting people in jail for <a href="http://www.techdirt.com/articles/20110601/01515014500/senators-want-to-put-people-jail-embedding-youtube-videos.shtml">embedding YouTube videos</a> or just <a href="http://www.techdirt.com/articles/20110609/23171814649/people-realizing-new-anti-streaming-criminal-copyright-bill-could-mean-jail-time-lip-synchers.shtml">putting up YouTube lip synching videos</a>.
<br /><br />
What's really troubling here is that the media and plenty of concerned citizens have directly raised the issues about the unintended consequences of this law.  And while Senators Amy Klobuchar, John Cornyn and Christopher Coons continue to insist that (of course) the law is <i>not intended</i> to be used against such people, <b>they have made no move to fix the bill</b>.  Even supporters of this bill, who insisted that we were wrong about what the bill allowed, eventually <a href="http://www.techdirt.com/articles/20110609/23171814649/people-realizing-new-anti-streaming-criminal-copyright-bill-could-mean-jail-time-lip-synchers.shtml#c871">conceded</a> that our argument was accurate and that this bill <i>could</i> be used to put people in jail for embedding a YouTube video or doing a lip synch video.
<br /><br />
And that's a huge, huge problem.  Of course, no one <i>thinks</i> the bill is for that purpose directly or that it's going to be widely used for such purposes.  However, the bill, as written, clearly allows law enforcement to charge people with a felony for that, assuming it meets a few other conditions.  But those conditions are pretty minimal (ads on your page? you're in trouble...).  The risk here of abuse is a serious risk, and it's incredibly troubling that Klobuchar, Cornyn and Coons failed to change or adapt the bill, and worse that the rest of the Senate Judiciary Committee allowed the bill to move forward in such a broken state.  They were clearly made aware of problems with the bill, but directly chose not to make any changes.  How do you explain that other than incompetence or corruption?<br /><br /><a href="http://www.techdirt.com/articles/20110616/16480114722/senators-unconcerned-about-massive-unintended-consequences-criminalizing-people-embedding-youtube-videos.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110616/16480114722/senators-unconcerned-about-massive-unintended-consequences-criminalizing-people-embedding-youtube-videos.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110616/16480114722/senators-unconcerned-about-massive-unintended-consequences-criminalizing-people-embedding-youtube-videos.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>shame-on-them</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110616/16480114722</wfw:commentRss>
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<item>
<pubDate>Thu, 2 Jun 2011 09:36:08 PDT</pubDate>
<title>RIAA Wants To Put People In Jail For Sharing Their Music Subscription Login With Friends</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110602/03411914517/riaa-wants-to-put-people-jail-sharing-their-music-subscription-login-with-friends.shtml</link>
<guid>http://www.techdirt.com/articles/20110602/03411914517/riaa-wants-to-put-people-jail-sharing-their-music-subscription-login-with-friends.shtml</guid>
<description><![CDATA[ Ah, the RIAA.  Just as you're paying attention to some ridiculously bad law with awful unintended consequences they're pushing in one place, they pop up with a different law they've already (quietly) convinced politicians to pass somewhere else.  Today's entry is a new law that has been approved by the legislature in Tennessee at the urging of the RIAA, which will <a href="http://www.knoxnews.com/news/2011/jun/02/measure-makes-sharing-online-services-crime/" target="_blank">make it a <i>criminal offense</i> to share your "entertainment subscription" login info</a> with anyone else.  You're a college student, and you decide to go halfsies on a Netflix or Rhapsody subscription with a friend?  Watch out, you may face a year in jail and thousands of dollars in fines.  If law enforcement decides that the "value" of the content you watched is high enough, you could be charged with felony charges, and face much larger fines and longer jail sentences.
<br><br>
The way the law works is to add the "entertainment subscription" phrase to an existing law concerning unauthorized access to cable or satellite TV services.  Not surprisingly, Mitch Glazier (a man famous for <A href="http://www.robotwisdom.com/issues/glazier.html">selling out all musicians</a> by allegedly sneaking a clause into a bill in the middle of the night that took away the rights of musicians to reclaim their copyrights... just months before taking a high paying RIAA job which he still holds today) is insisting this law is necessary to protect the music industry:
<blockquote><i>
Mitch Glazier, executive vice president of public policy for the RIAA, said the bill is a necessary protective measure as digital technology evolves. The music industry has seen its domestic revenue plunge by more than half in 10 years, from $15 billion to $7 billion, he said.
</i></blockquote>
Either Glazier is lying here or the reporter is quoting him way out of context.  It may be true that revenue for the <i>record labels</i> that Glazier represents has declined.  But the revenue of the <i>music industry</i> -- which includes things like concerts, merchandise, publishing and other areas has actually done pretty well.  Besides, the idea that Glazier has any interest in protecting "music" is pretty laughable.  His job is to protect labels, often at the expense of musicians.
<br><Br>
And this particular piece of legislation is particularly stupid and shortsighted on the part of the RIAA.  For the most part, if people are buying one of these subscriptions with the intent to share, at least they're <i>still buying a subscription</i> and paying money to the industry.  In the absence of that, it seems quite likely that they'll just go straight to full on infringement.  Furthermore, the ability to share a single login with a few family members or friends is often seen as a <i>part of the value</i>.  That is, a family may decide that it's <i>worth it</i> to buy such a subscription, because they can split it among a few different people.  But, make that a <i>crime</i> and you've just massively <i>decreased the incentive</i> for people to buy such subscriptions.
<br><br>
The bill still needs to be signed by the governor, but it sounds like he's buying the bogus claims of Glazier and the RIAA on this one, saying that "I don&rsquo;t know enough about that legislation, but if it's combating that issue [infringement], I would be in favor of it." <b>Update</b>: Annnnnnnd... <a href="http://arstechnica.com/tech-policy/news/2011/06/stealing-entertainment-services-now-a-crime-in-tennessee.ars" target="_blank">signed</a>.  Of course.
<br><Br>
And, of course, this is just a foot in the door sort of move.  Once the RIAA has this in Tennessee, expect to see similar, if not identical legislation popping up in lots of other states as well.<br /><br /><a href="http://www.techdirt.com/articles/20110602/03411914517/riaa-wants-to-put-people-jail-sharing-their-music-subscription-login-with-friends.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110602/03411914517/riaa-wants-to-put-people-jail-sharing-their-music-subscription-login-with-friends.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110602/03411914517/riaa-wants-to-put-people-jail-sharing-their-music-subscription-login-with-friends.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>criminalizing-sharing</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110602/03411914517</wfw:commentRss>
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<pubDate>Wed, 1 Jun 2011 10:32:05 PDT</pubDate>
<title>Senators Want To Put People In Jail For Embedding YouTube Videos</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110601/01515014500/senators-want-to-put-people-jail-embedding-youtube-videos.shtml</link>
<guid>http://www.techdirt.com/articles/20110601/01515014500/senators-want-to-put-people-jail-embedding-youtube-videos.shtml</guid>
<description><![CDATA[ Okay, this is just getting ridiculous.  A few weeks back, we <a href="http://www.techdirt.com/articles/20110513/11210514265/senators-who-say-merely-linking-to-certain-sites-should-be-felony.shtml">noted</a> that Senators Amy Klobuchar, John Cornyn and Christopher Coons had proposed a new bill that was designed to make "streaming" infringing material a felony.  At the time, the actual text of the bill wasn't available, but we assumed, naturally, that it would just extend "public performance" rights to <A href="http://www.copyright.gov/title17/92chap5.html#506" target="_blank">section 506a</a> of the Copyright Act.  
<br><br>
Supporters of this bill claim that all it's really doing is harmonizing US copyright law's civil and criminal sections.  After all, the rights afforded under copyright law in civil cases cover <a href="http://www.copyright.gov/title17/92chap1.html#106">a list</a> of rights: reproduce, distribute, prepare derivative works or <i>perform</i> the work.  The rules for criminal infringement only cover reproducing and distributing -- but not performing.  So, supporters claim, all this does is "harmonize" copyright law and bring the criminal side into line with the civil side by adding "performance rights" to the list of things.
<br><br>
If only it were that simple.  But, of course, it's not.  First of all, despite claims to the contrary, there's a <i>damn good reason</i> why Congress did not include performance rights as a criminal/felony issue: because who would have thought that it would be a criminal act to <i> perform</i> a work without permission?  It could be infringing, but that can be covered by a fine.  When we suddenly criminalize a performance, that raises all sorts of questionable issues.
<br><Br>
Furthermore, as we suspected, in the <A href="http://www.govtrack.us/congress/billtext.xpd?bill=s112-978" target="_blank">full text of the bill</a>, "performance" is not clearly defined.  This is the really troubling part.  Everyone keeps insisting that this is targeted towards "streaming" websites, but is streaming a "performance"?  If so, how does embedding play into this?  Is the site that hosts the content guilty of performing?  What about the site that merely linked to and/or embedded the video (linking and embedding are technically effectively the same thing).  Without clear definitions, we run into problems pretty quickly.
<br><Br>
And it gets worse.  Because rather than just (pointlessly) adding "performance" to the list, the bill tries to also define what constitutes a potential felony crime in these circumstances:
<blockquote><i>
the offense consists of 10 or more public performances by electronic means, during any 180-day period, of 1 or more copyrighted works
</i></blockquote>
So yeah.  If you embed a YouTube video that turns out to be infringing, and more than 10 people view it because of your link... you could be facing five years in jail.  This is, of course, ridiculous, and suggests (yet again) politicians who are regulating a technology they simply do not understand.  Should it really be a criminal act to embed a YouTube video, even if you don't know it was infringing...?  This could create a massive chilling effect to the very useful service YouTube provides in letting people embed videos.<br /><br /><a href="http://www.techdirt.com/articles/20110601/01515014500/senators-want-to-put-people-jail-embedding-youtube-videos.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110601/01515014500/senators-want-to-put-people-jail-embedding-youtube-videos.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110601/01515014500/senators-want-to-put-people-jail-embedding-youtube-videos.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-understanding-the-technology</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110601/01515014500</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 13 May 2011 11:47:00 PDT</pubDate>
<title>The Senators Who Say Merely Linking To Certain Sites Should Be A Felony</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110513/11210514265/senators-who-say-merely-linking-to-certain-sites-should-be-felony.shtml</link>
<guid>http://www.techdirt.com/articles/20110513/11210514265/senators-who-say-merely-linking-to-certain-sites-should-be-felony.shtml</guid>
<description><![CDATA[ I wrote earlier about how the new PROTECT IP Act <a href="http://www.techdirt.com/articles/20110512/12451914251/protect-ip-would-gut-parts-dmcas-safe-harbors-updated.shtml">guts</a> parts of the DMCA, but as you dig deeper, it's looking even worse.  The original (and now updated) article focused on the use of the term "interactive computer service," which was in a draft copy of the bill.  At the last minute, that was changed instead to be "information location tool."  While, at first, this may seem to be a narrower definition, there are <a href="http://news.cnet.com/8301-31921_3-20062398-281.html" target="_blank">some serious concerns</a> that this effectively makes it illegal to <i>link</i> to any website that is accused of being "dedicated to infringing purposes."  That's because an "information location tool" is <a href="http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html" target="_blank">defined under current law</a> to be: a "directory, index, reference, pointer, or hypertext link."
<br><br>
Yes, you read that correctly: a link is an "information location tool" and such tools may be barred from pointing to sites deemed "dedicated to infringing" purposes.  That seems like a massive breach of the First Amendment.  If there is relevant information, as someone covering the news, why should I be prevented from linking?
<br><br>
Making matters even worse is a companion bill introduced by Senators Amy Klobuchar, John Cornyn and Christopher Coons, which would ratchet up charges for <a href="http://www.broadcastingcable.com/article/468207-New_Bill_Would_Criminalize_Illegal_TV_Show_Streaming.php" target="_blank">sites that stream infringing works</a> to a felony.  The specific text of the bill is not yet public, and it's likely that it just extends the "public performance" rights to <a href="http://www.copyright.gov/title17/92chap5.html#506" target="_blank">section 506a</a> of the Copyright Act (which only covers distribution and reproduction rights today).  But, that leaves open a huge question of what is considered a "public performance" and how you define "streaming" in relation to a public performance.  I can see it reasonably applying to a site <i>hosting</i> the content and streaming it... but what about an embed or a link, in which the content never touches the site in question at all?  Tragically, we've already seen that the feds consider merely <a href="http://www.techdirt.com/articles/20110309/03003513413/feds-really-do-seem-to-think-that-linking-to-infringing-content-can-be-jailable-offense.shtml" target="_blank">linking or embedding</a> to be a form of a felony -- so it appears this bill is designed to make that even clearer, and that is really dangerous.
<br><Br>
Put it all together, and our elected officials are now claiming that linking to something can be a felony.  Yeah.  Scary.
<br><Br>
It seems that we really should highlight the list of Senators who have sponsored these bills, and who are telling you that linking to content should be considered a felony.  The first bill is sponsored by:
<ul>
<li>Patrick Leahy
<li>Orrin Hatch 
<li>Chuck Grassley
<li>Charles Schumer
<li>Dianne Feinstein 
<li>Sheldon Whitehouse 
<li>Lindsey Graham 
<li>Herb Kohl 
<li> Chris Coons
<li> Richard Blumenthal
<li>Al Franken <-- Updated to include, missed him on the first pass
</ul>
The latter bill is 
<ul>
<li>Amy Klobuchar
<li>John Cornyn
<li>Chris Coons, who has the distinction of sponsoring both dreadful bills
</ul>
So, there you go.  The Senators who think it's okay for the government to put people in jail for linking.<br /><br /><a href="http://www.techdirt.com/articles/20110513/11210514265/senators-who-say-merely-linking-to-certain-sites-should-be-felony.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110513/11210514265/senators-who-say-merely-linking-to-certain-sites-should-be-felony.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110513/11210514265/senators-who-say-merely-linking-to-certain-sites-should-be-felony.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>oh-come-on</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110513/11210514265</wfw:commentRss>
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<item>
<pubDate>Thu, 21 Apr 2011 21:05:11 PDT</pubDate>
<title>Court Says Gov't Can't Double Dip And Charge Email Hackers With A Felony For Both Hacking &#038; Hacking Email</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110421/01312513982/court-says-govt-cant-double-dip-charge-email-hackers-with-felony-both-hacking-hacking-email.shtml</link>
<guid>http://www.techdirt.com/articles/20110421/01312513982/court-says-govt-cant-double-dip-charge-email-hackers-with-felony-both-hacking-hacking-email.shtml</guid>
<description><![CDATA[ Orin Kerr has an interesting blog post, discussing how the government has been rejected in an attempt to turn a misdemeanor email hacking case into a felony, by <a href="http://volokh.com/2011/04/20/fourth-circuit-blocks-prosecution-effort-to-double-count-misdemeanor-e-mail-hacking-to-make-it-a-felony/" target="_blank">finding two overlapping laws to charge the guy with</a> for the single action.  Kerr nicely summarizes the issue as follows:
<blockquote><i>
Federal criminal law has two overlapping misdemeanor criminal offenses that prohibit hacking into an e-mail account.  The first, 18 U.S.C. 2701, specifically prohibits hacking into an e-mail account stored on an ISP&rsquo;s server. The second, 18 U.S.C. 1030(a)(2), generally prohibits hacking into any computer, which will always be implicated when a person hacks into an e-mail account.   The present overlap is largely a historical accident.  When the two sections were enacted, both in 1986, Section 1030&rsquo;s scope was very narrow.  There was  little overlap.  But <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1527187">Section 1030 has been expanded over time so that it now covers every computer</a>.   As a result, 2701 in its current form is redundant: It doesn&rsquo;t do any work that 1030 doesn&rsquo;t already do.  However, that overlap matters because violations of 2701 and 1030(a)(2) are normally misdemeanors, but Section 1030 contains an enhancement:  The crime becomes a felony if  it is conducted in furtherance of another crime.  The present overlap between 1030 and 2701 raises the prospect that prosecutors might try to use the felony enhancement to engage in a kind of double-counting.  Here&rsquo;s the question:  Can DOJ charge hacking into an e-mail account as a felony by claiming that it is a 1030 violation in furtherance of a 2701 violation?
</i></blockquote>
Apparently the Justice Department originally tried this with the guy arrested for hacking Sarah Palin's email, but later changed the charges.  However, in this other case, United States v. Cioni, the 4th Circuit appeals court has rejected this line of reasoning by the government, and made it clear that it's attempting to double dip over a single action in order to turn a misdemeanor into a felony.  The court points out that this pretty clearly violates US principles on double jeopardy:
<blockquote><i>
Looking simply at the allegations of Count 2, it does appear that the government charged Cioni with unauthorized access or attempted access to information in [Victim 1]'s e-mail account and sought to elevate that charge to a felony by alleging that the access to [Victim 1]'s e-mail also constituted a violation of &sect; 2701. Moreover, the facts that the government offered into evidence in support of Count 2 confirm this reading. . . . We thus conclude that a merger problem did arise, implicating double jeopardy principles, and that therefore the felony conviction on Count 2 must be vacated, and, as requested by Cioni, the count remanded for entry of a simple misdemeanor conviction, under &sect; 1030(a)(2)(C).
<br /><br />
. . . . Count 4, which claims two crimes, one in furtherance of the other, is actually based on Cioni&rsquo;s single unsuccessful attempt to access [Victim 2]'s AOL electronic e-mail account. Moreover, this is all that the government proved at trial. If the government had proven that Cioni accessed [Victim 2]&rsquo;s e-mail inbox and then used the information from that inbox to access another person&rsquo;s electronic communications, no merger problem would have arisen. But the government charged and attempted to prove two crimes using the same conduct of attempting, but failing, to access only [Victim 2]&rsquo;s e-mail account. This creates a merger problem, implicating double jeopardy principles.
</i></blockquote>
Always good to see courts get things right.<br /><br /><a href="http://www.techdirt.com/articles/20110421/01312513982/court-says-govt-cant-double-dip-charge-email-hackers-with-felony-both-hacking-hacking-email.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110421/01312513982/court-says-govt-cant-double-dip-charge-email-hackers-with-felony-both-hacking-hacking-email.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110421/01312513982/court-says-govt-cant-double-dip-charge-email-hackers-with-felony-both-hacking-hacking-email.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-ruling</slash:department>
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<pubDate>Mon, 21 Feb 2011 10:46:48 PST</pubDate>
<title>Musician/Comedian Faces 20 Years In Jail For Silly Video No Different Than Done On TV &#038; In Movies</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110221/03174513185/musiciancomedian-faces-20-years-jail-silly-video-no-different-than-done-tv-movies.shtml</link>
<guid>http://www.techdirt.com/articles/20110221/03174513185/musiciancomedian-faces-20-years-jail-silly-video-no-different-than-done-tv-movies.shtml</guid>
<description><![CDATA[ <a href="http://yro.slashdot.org/story/11/02/19/2134202/Musician-Jailed-Over-Prank-YouTube-Video?from=twitter" target="_blank">Slashdot</a> points us to yet another example of overzealous prosecutors going after someone with felony charges for a joke (perhaps done in poor taste).  In this case, it involves 21-year-old musician/comedian Evan Emory, who performed childrens' songs in front of some elementary school kids.  Later that day, after everyone else had left, he also performed and recorded another song with sexually explicit lyrics.  He then cut the footage of the two songs together, to make it <i>look</i> like he was singing the explicit song to the kids.  This is, admittedly, in extremely poor taste -- but as the Slashdot post notes, it's no different than what has been regularly done <a href="http://www.youtube.com/watch?v=WAHIhRsWCqc" target="_blank">on various</a> <a href="http://www.youtube.com/watch?v=zuVsLR_2GX0" target="_blank">TV shows</a> and <a href="http://www.youtube.com/watch?v=eCODTbfLKSE">in movies</a>.  The Slashdot post has even more examples, but those three all seem to be pretty "mainstream" and well-known examples of this tactic.
<br /><br />
Yet, when Emory did it, he <a href="http://hypervocal.com/news/2011/youtube-musician-evan-emory-faces-20-years-in-prison-for-clever-editing/" target="_blank">was arrested, charged with a felony for "manufacturing child sexual abusive material"</a> and now faces 20 years in prison.  Emory appears to be <a href="http://www.mlive.com/news/muskegon/index.ssf/2011/02/evan_emory_speaks_i_feel_like.html" target="_blank">deeply remorseful</a>, and notes that he obviously never intended to harm any kids, and searches of his house and computer showed no evidence of any actual child porn.  But it doesn't seem to have stopped prosecutors from their plans to charge him with this felony.  The prosecutor seems to be willfully ignoring the intent of the video:
<blockquote><i>
"If you insinuate that you want to have sex with young children in Muskegon County and put that in the Internet, you've got a problem with the law," Tague said.
<br /><br />
"As prosecutor of Muskegon County, I feel I have a strong obligation to vigorously defend all the children in our county. To insinuate on a tape that you want to perform perverted acts on children is clearly within the scope of the law with which Mr. Emory is charged."
</i></blockquote>
Except, of course, Emory did not insinuate he wanted to have sex with those kids.  It was a (crass and tasteless) joke video.  I'm all for law enforcement prosecuting <i>real</i> child abusers to the fullest extent possible under the law.  But going after folks like Emory here seems to make a mockery of the law, and take away efforts from stopping those who actually do want to do harm to children.<br /><br /><a href="http://www.techdirt.com/articles/20110221/03174513185/musiciancomedian-faces-20-years-jail-silly-video-no-different-than-done-tv-movies.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110221/03174513185/musiciancomedian-faces-20-years-jail-silly-video-no-different-than-done-tv-movies.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110221/03174513185/musiciancomedian-faces-20-years-jail-silly-video-no-different-than-done-tv-movies.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-not-right</slash:department>
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<pubDate>Mon, 14 Dec 2009 05:16:18 PST</pubDate>
<title>Woman Arrested For Filming Snippets Of 'New Moon' May Sue Theater</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091213/1931347326.shtml</link>
<guid>http://www.techdirt.com/articles/20091213/1931347326.shtml</guid>
<description><![CDATA[ The latest in the saga of the young woman, Samantha Tumpach, who was <a href="http://www.techdirt.com/articles/20091203/1531507185.shtml">arrested</a> and jailed for two nights because her attempt to film some of her sister's birthday party at the movies happened to catch a few snippets of the film <i>New Moon</i>, is that <a href="http://www.chicagotribune.com/news/chi-talk-new-moon-tapingdec12,0,6492870.story" target="_blank">Tumpach is now considering suing the theater</a>, even though the charges against her <a href="http://www.techdirt.com/articles/20091211/1223357309.shtml">have been dropped</a>.  Unfortunately, thanks to the draconian anti-camera laws pushed by the MPAA to punish people for these sorts of things, she might not get very far with such a lawsuit.  As <a href="http://twitter.com/copycense/statuses/6609184357" target="_blank">Copycense</a> points out, the <a href="http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+21&#038;ActID=1876&#038;ChapAct=720&nbsp;ILCS&nbsp;5/&#038;ChapterID=53&#038;ChapterName=CRIMINAL+OFFENSES&#038;SectionID=60736&#038;SeqStart=48700000&#038;SeqEnd=50300000&#038;ActName=Criminal+Code+of+1961" target="_blank">Illinois law in question</a> basically lets the theater do exactly what it did, even if the circumstances are ridiculous.  So, any lawsuit is unlikely to last, though it should lead us to questioning why legislators around the globe have passed similar laws at the behest of the movie industry.  There are already perfectly good copyright laws to be used against anyone actually filming a movie for "piracy" purposes.  These anti-camcorder laws go above and beyond that, and lead to ridiculous scenarios like this one.<br /><br /><a href="http://www.techdirt.com/articles/20091213/1931347326.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091213/1931347326.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091213/1931347326.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-probably-won't-win</slash:department>
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<item>
<pubDate>Fri, 11 Dec 2009 13:31:00 PST</pubDate>
<title>Prosecutors Come To Their Senses; Drop Charges Against Girl Arrested For Incidental 'New Moon' Filming</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091211/1223357309.shtml</link>
<guid>http://www.techdirt.com/articles/20091211/1223357309.shtml</guid>
<description><![CDATA[ There has been a ton of publicity about the young woman who was <a href="http://www.techdirt.com/articles/20091203/1531507185.shtml">jailed</a> and facing felony charges, because she caught snippets of the film <i>New Moon</i> while filming parts of her sister's birthday party.  The outrage over this has been loud and widespread -- causing backlash against the movie theater and the movie studio that put out the movie.  Even the director of the movie was <a href="http://www.techdirt.com/articles/20091210/0003387283.shtml">complaining</a> about the arrest and prosecution.  Realizing that this was a bad situation all around, it looks like prosecutors have come to their senses <a href="http://www.hollywoodreporter.com/hr/content_display/news/e3i719dc07a203bf2ec725765d2127edb3d" target="_blank">and dropped the charges against the young woman</a>, though we still have the same ridiculous law in place that made this situation possible.  Shouldn't we also be looking to change that right about now?<br /><br /><a href="http://www.techdirt.com/articles/20091211/1223357309.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091211/1223357309.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091211/1223357309.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>took-'em-long-enough</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091211/1223357309</wfw:commentRss>
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<pubDate>Thu, 10 Dec 2009 09:29:00 PST</pubDate>
<title>Director Of New Moon Says Jailing Of Girl For Snippets Of Video Of His Movie Is 'Terribly Unfair'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091210/0003387283.shtml</link>
<guid>http://www.techdirt.com/articles/20091210/0003387283.shtml</guid>
<description><![CDATA[ While he has no official say in the matter, it is still worth noting that Chris Weitz, the director of the movie <i>New Moon</i> has said that <a href="http://www.mtv.com/movies/news/articles/1627907/story.jhtml" target="_blank">he thinks it's "terribly unfair"</a> that a 22-year-old girl was <a href="http://www.techdirt.com/articles/20091203/1531507185.shtml">jailed</a> and now faces felony charges because her attempt to film some of her sister's birthday celebration caught less than four minutes of <i>New Moon</i> on her video camera (found via <a href="http://twitter.com/copycense/statuses/6523285300" target="_blank">Copycense</a>).  Weitz is not the copyright holder and has no real say in what happens, but he does note that he's talking to Summit Entertainment, the studio who made the film, to let them know of his concerns, to see if there's anything that can be done.
<br /><br />
Of course, what should be done is that the law should be changed so we don't have these ridiculous situations at all.  And hopefully he would stand behind such a proposal.  In the meantime, it's just yet another in a long line of examples of the law creating punishment that is way out of proportion with the "crime" when it comes to copyright and copying of content.<br /><br /><a href="http://www.techdirt.com/articles/20091210/0003387283.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091210/0003387283.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091210/0003387283.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it-is,-isn't-it?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091210/0003387283</wfw:commentRss>
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<pubDate>Fri, 4 Dec 2009 07:48:00 PST</pubDate>
<title>Woman Filming Parts Of Sister's Birthday Party At Theater, Charged With Felony Movie Copying</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091203/1531507185.shtml</link>
<guid>http://www.techdirt.com/articles/20091203/1531507185.shtml</guid>
<description><![CDATA[ Over the last couple of years, the movie industry has pushed hard for stricter and stricter laws for anyone caught "filming" a movie in the theater.  Of course, these days, with more and more people having portable video cameras either in their mobile phones or other devices, the likelihood of these sorts of laws being abused or misused only grows over time.  Take, for example, the case of 22-year-old Samantha Tumpach, from Chicago, who took her sister out for a surprise birthday party at a movie theater recently.  While there, she used her new camera to tape parts of the event, including her, along with friends and family, singing happy birthday to her sister.  But, in the course of all this, she also caught two small segments of the film itself, less than four minutes, total -- hardly a representative case of "pirate" or "camcording" activity.  Still, the theater pressed charges, and Samantha <a href="http://www.suntimes.com/news/metro/1916606,twilight-taping-arrest-movie-120209.article" target="_blank">was arrested and spent two nights in jail</a> -- and may now face three years in jail as a felon.  Good thing Hollywood got those laws, so they can get young women celebrating their friends and families' birthdays put in jail.<br /><br /><a href="http://www.techdirt.com/articles/20091203/1531507185.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091203/1531507185.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091203/1531507185.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>throw-her-in-jail</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091203/1531507185</wfw:commentRss>
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<item>
<pubDate>Wed, 6 May 2009 08:21:00 PDT</pubDate>
<title>Congressional Rep Wants To Put Internet Trolls In Jail</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090505/1244544756.shtml</link>
<guid>http://www.techdirt.com/articles/20090505/1244544756.shtml</guid>
<description><![CDATA[ Last year, the lawsuit against Lori Drew got plenty of attention.  It involved the sad story of a girl, Megan Meier, who ended up killing herself after a "friend" she met on MySpace ended their friendship in a rather rude fashion.  It later turned out that the "friend" wasn't a real person, but a made up individual, created by a former friend of the girl, that girl's mother (Lori) and an employee of Lori created the person (they claim) as a way of finding out what Meghan was saying about Lori's daughter.  The whole story is quite sad, obviously, and suggests incredibly poor judgment on Lori's part.  However, was it illegal?  The initial analysis was <a href="http://www.techdirt.com/articles/20080609/0226571341.shtml">not at all</a>.  However, prosecutors then <a href="http://www.techdirt.com/articles/20080515/1832441128.shtml">twisted</a> computer hacking laws to charge her, and she was eventually <a href="http://www.techdirt.com/articles/20081126/1223412965.shtml">found guilty of misdemeanor computer hacking</a> for creating a fake person on MySpace.  This ruling was troubling for a variety of reasons, including the fact that it's now quite easy to make anyone a <a href="http://www.techdirt.com/articles/20081201/0252082984.shtml">criminal</a> via terms of service.  Also, the fact that it actually is likely to put more kids <a href="http://www.techdirt.com/articles/20081217/0208403148.shtml">at risk</a>.
<br /><br />
That particular case was distorted by a few issues, involving the fact that Lori was an adult while Meghan was a child.  If the MySpace friend "Josh" had been a real teen, would the same outrage have happened?  I had a friend in high school kill himself after his girlfriend dumped him.  Should she have been charged with a crime?
<br /><br />
However, with emotional cases, come bad legal precedents and bad laws.  Missouri (where this happened) already <a href="http://www.techdirt.com/articles/20080702/0246491573.shtml">rushed through</a> an "online harassment" law, and now it looks like we may get the federal equivalent.  Rep. Linda Sanchez has <a href="http://digitaldaily.allthingsd.com/20090505/the-charge-assault-with-a-deadly-web-site/" target="_new">introduced a cyberbullying law</a> (named after Meier) that could put people in jail for up to two years for online communications "with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person... to support severe, repeated, and hostile behavior."
<br /><br />
Yes, this effectively makes online trolling a crime.  It's difficult to see how this gets past even the most basic First Amendment review, but that won't stop politicians from grandstanding over it.
<center>
<script type="text/javascript" src="http://washingtonwatch.com/info/widget.php?id=200516540"></script>
</center><br /><br /><a href="http://www.techdirt.com/articles/20090505/1244544756.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090505/1244544756.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090505/1244544756.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-that's-an-idea</slash:department>
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<pubDate>Thu, 15 Jan 2009 10:28:00 PST</pubDate>
<title>South Carolina Considers Law That Would Criminalize Profanity In Public Forums</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090114/2140283416.shtml</link>
<guid>http://www.techdirt.com/articles/20090114/2140283416.shtml</guid>
<description><![CDATA[ <a href="http://news.slashdot.org/article.pl?sid=09%2F01%2F14%2F1522214&#038;from=rss">Slashdot</a> points us to an immensely troubling law being proposed by a state Senator in South Carolina that would <a href="http://www.scstatehouse.gov/sess118_2009-2010/bills/56.htm" target="_new">make it a felony to use profanity in a public forum</a>, whether written or spoken (so assume the internet is included).  Punishment could include fines up to $5000 or prison sentences up to 5 years in length.  One would hope that others in the South Carolina legislature would never let this get anywhere, but these days you never know.  Of course, such a law is ridiculously unconstitutional, and if it somehow did get passed would certainly get tossed out by the courts.  But just the fact that an elected representative thinks that such a law is reasonable is pretty scary.  Someone want to send him a copy of the Constitution?<br /><br /><a href="http://www.techdirt.com/articles/20090114/2140283416.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090114/2140283416.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090114/2140283416.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-fuck</slash:department>
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