I had every intention today of writing an insightful piece on the recent Lori Drew decision handed down by District Court in California yesterday, however, Eric Goldman beat me to it. So, I'm going to instead give you the link to his blog post on it and send him a big kudos from the Indiana technology law world.
Professor Goldman's tech and marketing blog (which I recommend to anyone that is interested in cyberlaw or Internet litigation) is http://blog.ericgoldman.org/. His blog also has a link to the opinion.
I agree with his analysis, but don't just take my word for it; read it.
Of course, the real danger I see in this opinion is the likelihood of legislation aimed at "fixing" the perceived problems with trying to shoehorn criminal cases into CFAA. This potential scares me quite a bit actually. From an Internet litigation standpoint, I think this case has significant criminal importance, slight or non-existent civil liability impact, and the potential for havoc-wreaking ramifications when wielded in the hand of legislators that are knee-jerk and not really educated on the realities and implications of the Internet. This potential legislative hammer could have real impact on website owners and SaaS providers in terms of what can or cannot be dealt with in either their Terms of Service or at other parts of their websites.
Professor Goldman's tech and marketing blog (which I recommend to anyone that is interested in cyberlaw or Internet litigation) is http://blog.ericgoldman.org/. His blog also has a link to the opinion.
I agree with his analysis, but don't just take my word for it; read it.
Of course, the real danger I see in this opinion is the likelihood of legislation aimed at "fixing" the perceived problems with trying to shoehorn criminal cases into CFAA. This potential scares me quite a bit actually. From an Internet litigation standpoint, I think this case has significant criminal importance, slight or non-existent civil liability impact, and the potential for havoc-wreaking ramifications when wielded in the hand of legislators that are knee-jerk and not really educated on the realities and implications of the Internet. This potential legislative hammer could have real impact on website owners and SaaS providers in terms of what can or cannot be dealt with in either their Terms of Service or at other parts of their websites.
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