
Petition to reform the Computer Fraud and Abuse Act - jmediast
https://petitions.whitehouse.gov/petition/reform-computer-fraud-and-abuse-act-reflect-realities-computing-and-networks-2013/qMvdwVNw
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dsr_
It's a workable first step. Some suggestions:

You need to actually suggest new wording. Lawyers can be consulted -- does the
EFF propose model legislation? Perhaps it should.

Convincing your senators and representatives that this is an injustice that
needs to be fixed would help.

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wbhart
I think the danger with encouraging lawmakers ignorant of how computers work
to make more laws is that they will not actually improve things.

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jmediast
I'm not sure I'd worry about that... if the proposed laws were worse, then I
think you'd see another SOPA/PIPA style reaction.

And then you have to consider the chances that a response from the
administration will actually start an investigation / reformation.

For better or worse though, I guess I'm willing to see where it goes.

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teyc
Do you think Pussyriot would be free today if there were no laws against
"hooliganism and incitement of religious hatred"? Once the prosecutors go
after someone, they will try to win at all costs, to the point of ruining
someone and their family members.

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michaelfeathers
That is the issue that needs a petition.

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brandonsavage
The problem is wider than the CFRA. The problem is with criminal prosecution
of citizens that were not intending to commit a crime. Criminal intent is a
cornerstone of our legal system but more and more it's becoming unimportant in
prosecutions.

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jeffool
I've always heard the phrase "ignorance of the law excuses no one". Now,
should it? In many cases maybe so, but we all know the obvious cases where it
probably shouldn't.

But to assume that intent is the rule of thumb or has been since... Well, I'm
32 and have never understood it to be. To assume that it is, is odd to me.
That's genuinely an attitude I've never heard argued by someone who wasn't an
accused party.

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brandonsavage
The concept that ignorance of the law is not an excuse is certainly critical
here. The principle exists since it would be easy to simply claim ignorance.

At the same time, the concept of "mens rea" or "a guilty mind" plays an
important part in criminal law. If you knew what you were doing was wrong, and
you did it anyway, that establishes intent. For example, you can't typically
be punished for trespassing until you've been told you are trespassing (hence
signs that say "Posted - No Tresspassing"). Once you continue onto the
property, you've committed the act overtly, and are therefore guilty of a
crime.

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rprasad
This petition is guranteed to fail. The domain of writing, passing, and
modifying laws is the domain of _Congress_ , not the President. You can pester
the President all you want, but it is not within his Constitutional powers to
do anything about the law. (Indeed, even announcing that the DOJ should not
enforce the law is a potentially impeachable offense depending on the
political environment.)

If you want the CFAA reformed, call, write, and/or meet with your
Congressional Rep and Senator and tell them what you think of the law.

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SkyMarshal
It's a useful vehicle for starting the process, bringing attention to the
issue, clearly explaining what and why, providing a single point of action for
people to focus on, and gauging support.

If all that goes well and the petition gets enough signatures and visibility,
then that's a good point to segue off into the more difficult organizational
problem of getting all those people to actually call their rep.

Additionally, the President has to sign such a law eventually anyway, so
starting movements with a plea to the President has some benefit in that
regard as well.

