More than six months have passed since the death of Aaron Swartz , and Washington lawmakers are trying to pass a bill called Aaron's Law, which involves several reforms to the controversial anti-hacking law, the Computer Fraud and Abuse Act (CFAA).
It was named thus in honor of the indefatigable activist and hacker, who was prosecuted under the CFAA until the moment of his suicide on January 12, reports Mashable.
Lofgren was the first to propose Aaron's Law just a few days after Swartz's death, initially publishing his draft for revising the law on Reddit to record members' reactions and hear new suggestions for its improvement. At that time, in an exclusive interview taken by Mashable, Lofgren said that Aaron's Law was only the beginning of a broader revision of the CFAA.
The purpose of the new bill is the modernization of the original 1986 law, which its critics claim has become outdated proposals and criminalizes the online behavior of people who should not be punished.
The legislators have focused on three main reforms. First, the bill defines unauthorized access more clearly and decriminalizes the simple violation of online terms of use of a service. According to the law's critics, this was its biggest flaw, given that it allowed multiple interpretations by prosecutors. Unauthorized access is now defined as “the acquisition of unauthorized access to information, bypassing technological or physical controls” .
The new bill will also repeal a provision that allows prosecutors to impose multiple charges for the same offense, and reduces the maximum number of sanctions in certain cases, making it more lenient.
The Electronic Frontier Foundation, a group that advocates for internet rights, said in a statement that “while Aaron’s legislation is clearly a much improved version of the previous law, it is important to note that it is far from perfect,” arguing that it could contain much more. The EFF proposed more leniency in penalties and the addition of a provision that would decriminalize attempts by internet users to remain anonymous or cover up their identities.
Another online rights group, the Center for Democracy and Technology, applauded the bill's introduction. "Aaron's Law will eliminate any ambiguity and help these courts decide. Only people who take control of a computer by circumventing technical restrictions should be prosecuted as computer criminals," Kevin Bankston, senior counsel at the CDT, said in a press statement.
Do you believe that Aaron's Law is a step in the right direction? What else should be done? You can leave your comment.
