FC: Sen. Torricelli's "anti-hacker" bill puts parents, kids in jail

From: Declan McCullagh (declanat_private)
Date: Sat Aug 04 2001 - 08:20:15 PDT

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    http://www.wired.com/news/politics/0,1283,45752,00.html
       
       Senator Targets School Hackers
       By Declan McCullagh (declanat_private)
       6:48 a.m. Aug. 1, 2001 PDT
       
       WASHINGTON -- Sen. Robert Torricelli claims he wants to put hackers
       who disrupt school computers in prison.
       
       "Computer hackers who prey upon unsuspecting schools, striking fear in
       the hearts of entire communities with threats of violence, cannot go
       unpunished," the New Jersey Democrat said this week.
       
       But educators, programmers and civil libertarians say Torricelli's
       recently-introduced School Website Protection Act of 2001 does more
       than place wrongdoers behind bars. They say the bill is worded so
       vaguely it would turn commonplace activities into federal crimes to be
       investigated by the U.S. Secret Service.
       
       "I think the bill misses the mark," says Jim Dempsey, deputy director
       of the Center for Democracy and Technology. "It is written in an
       overly broad fashion. Sending one unsolicited e-mail affects a
       computer. If I send an e-mail to my student's teacher and I didn't
       have her permission, I violate the act."
       
       Dempsey is talking about the bill's sweeping language, which punishes
       activities that affect a computer rather than ones that damage it or
       successfully penetrate its security. Contrary to what the name of the
       bill implies, the measure covers any school computer system, not just
       websites, and could criminalize pranks such as sending mail from a
       friend's computer when they've left themselves logged in.
       
       Torricelli's measure says anyone who "knowingly causes the
       transmission of a program, information, code, or command, and as a
       result of such conduct, intentionally affects or impairs without
       authorization a computer of an elementary school or secondary school
       or institution of higher education" will to go federal prison for up
       to 10 years.
    
       [...]
    
    
    
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