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Crime Electronic Frontier Foundation United States Your Rights Online Politics

Amendment: Violation of ToS Should Not Be a Crime 74

Posted by timothy
from the only-partway-to-bill-becomes-a-law dept.
Khyber writes "Three data and security breach notification bills have been approved by the Senate Judiciary Committee, one of which includes an amendment that adds clarity with regards to the Computer Fraud and Abuse Act. These three bills would require businesses to develop data privacy and security plans, and it would set a federal standard for notifying individuals of breaches of very sensitive personally identifiable information, such as credit card information or medical records. This clarification is welcomed, making the statute more focused towards hackers and identity thieves, instead of consumers that run afoul of ToS or AUPs of websites and service providers."
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Amendment: Violation of ToS Should Not Be a Crime

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  • by Jane Q. Public (1010737) on Saturday September 24, 2011 @02:48PM (#37503442)
    While violations of TOS have ended up in court a bit too much lately, that is the result of overzealous corporations and prosecutors who are kissing their asses.

    In general, courts have consistently found that violations of TOS are not criminal... if for no other reason than that would allow corporations (or anybody else for that matter) to write their own law... which is completely ridiculous.

    What this bill, with the amendment, does is keep these cases out of court in the first place. Which is A Good Thing.

The meat is rotten, but the booze is holding out. Computer translation of "The spirit is willing, but the flesh is weak."