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Should Lying About Your Age Online Be a Federal Crime?

By Peter J. Toren

The calls for amending the Computer Fraud and Abuse Act (CFAA) have grown louder. Internet activists alarmed by the January suicide of computer programmer and fellow activist Aaron Swartz, who was facing a prison term for downloading research materials from an academic website, have argued that the CFAA must be amended so that individuals do not face prison for violating a company's terms of service (TOS). Others have argued that the CFAA should be strengthened to reflect the increased threat of international computer hackers, especially from China. Finally, still others have stressed that the CFAA should be amended to address a number of issues that have divided courts over the interpretation of the CFAA.

In response, several bills have been introduced in Congress offering amendments to the CFAA. The question is whether Congress will use this opportunity to draft a law that attempts to reflect the interests of all U.S. citizens or simply increase the criminal penalties for violating the CFAA so as to appear tough on crime.The early returns are not encouraging. According to Rep. Jim Sensenbrenner (R-WI), the chairman of the House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations ' which held a hearing on amending the CFAA ' while it may be time for Congress to 'augment and improve' the CFAA to address international criminal groups, he would be concerned about any proposal that would decriminalize computer abuse that is currently illegal.

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