Government as cyber-bully

Chapter 47, Section 1030 of the U.S. Code is one of the federal government's main tools to combat the thugs of the electronic underworld. It prohibits unauthorized access to computer networks to steal information, interfere with government operations or damage vital systems. Those prohibitions are broadly written, and for good reason: "Black hat" hackers are an innovative bunch, continually finding new ways to pilfer identities, zombify computers and shake down Web-based businesses. But prodded by U.S. Atty. Thomas P. O'Brien, a federal jury in Los Angeles applied Section 1030 in an alarming way last week, using it to convict a Missouri woman for what amounted to a routine violation of a popular website's terms of service. Now it's up to U.S. District Judge George H. Wu to override the jury's decision and clarify that fibbing on an online form isn't a federal crime.

December 3, 2008