Aaron’s Law Stalled as Lawmakers Continue to Avoid the Issue

A keyboard chained and padlocked
Reform of the Computer Fraud and Abuse Act is stalled...for now.
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Advocates of Aaron’s Law, proposed to deal with reforming the problematic Computer Fraud and Abuse Act (CFAA), experienced a set back on Wednesday as authors Rep. Zoe Lofgren and Sen. Ron Wyden were unable to convince the House Judiciary Committee, headed by Rep. Bob Goodlatte, to discuss the bill.

 “There is still a pressing need for Computer Fraud and Abuse Act [CFAA] reform,” said Lofgren. “Unfortunately, Chairman Goodlatte has refused to schedule any debate or vote on this important issue.”

Jessica Collins, press secretary for the House Judiciary Committee, said CFAA reform is supported by Rep. Goodlatte, but there are no plans currently to bring the bill to discussion.

Aaron’s Law, named for Aaron Schwartz, an internet activist who committed suicide in January 2013, would clear up vagueness and remove the possibility of duplicate charges for offenses in the CFAA as it currently stands.

The CFAA states that anyone who accesses a computer without proper authorization or in a way that “exceeds authorization” could be charged with a felony.  The problem, Lofren and Wyden posit, is that this would anyone who lies about their age to sign up for Facebook or checks personal email on a work computer could be found guilty of a felony.  The CFAA also prevents professionals working to determine internet security issues from doing their jobs.

Experts suggest a variety of reasons why lawmakers and the general public haven’t pushed more actively for a discussion of the proposed bill.  Some say there is little interest at the moment; others, such as Mark Jaycox, legislative analyst for the Electronic Frontier Foundation, suggest that some companies “offered a fierce attack on common sense changes to the CFAA due to certain companies use of the CFAA not as a statute being used in civil suits to prosecute computer hacking as it was originally intended, but being used to protect trade secrets.”

The question of whether to err on the side of more severe policies against growing cyber crime or move toward a softer approach so as to protect civil liberties online is a thorny one still under much debate.  While Aaron’s Law may still stand a chance of being brought up for discussion, it would appear that, at least for now, advocates will have to look elsewhere to address their internet security concerns.

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