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Wednesday, July 06, 2016

UK Bill Introduces 10 Year Prison Sentence for Online Pirates (torrentfreak.com)

The UK Government's Digital Economy Bill, which is set to revamp current copyright legislation, has been introduced in Parliament.


 One of the most controversial changes is the increased maximum sentences for online copyright infringement. Despite public protest, the bill increased the maximum prison term five-fold, from two to ten years.

 Before implementing the changes the Government launched a public consultation, asking for comments and advice from the public. But, even though the vast majority of the responses urged the authorities not to up the prison term, lawmakers decided otherwise.

 As a result, a new draft of the Digital Economy bill published this week extends the current prison term from two to ten years (PDF).

 The relevant part amends the Copyright, Designs and Patents Act 1988, and simply replaces the word two with ten. 

Copyright holders have lobbied for this update for a long time.

 According to them, harsher penalties are needed to deter people from committing large-scale copyright infringement, something the Government agrees with.

Dang.

I bet a lot of people will just quit the Internet.

And on another note...


An appeals court ruled Wednesday that sharing passwords can be a violation of the Computer Fraud and Abuse Act, a catch-all "hacking" law that has been widely used to prosecute behavior that bears no resemblance to hacking. 


Motherboard reports: "In this particular instance, the conviction of David Nosal, a former employee of Korn/Ferry International research firm, was upheld by the Ninth Circuit Court of Appeals, who said that Nosal's use of a former coworker's password to access one of the firm's databases was an 'unauthorized' use of a computer system under the CFAA. In the majority opinion, Judge Margaret McKeown wrote that 'Nosal and various amici spin hypotheticals about the dire consequences of criminalizing password sharing.

 But these warnings miss the mark in this case. 

This appeal is not about password sharing.' She then went on to describe a thoroughly run-of-the-mill password sharing scenario -- her argument focuses on the idea that Nosal wasn't authorized by the company to access the database anymore, so he got a password from a friend -- that happens millions of times daily in the United States, leaving little doubt about the thrust of the case.

 The argument McKeown made is that the employee who shared the password with Nosal 'had no authority from Korn/Ferry to provide her password to former employees.' At issue is language in the CFAA that makes it illegal to access a computer system 'without authorization.' 

McKeown said that 'without authorization' is 'an unambiguous, non-technical term that, given its plain and ordinary meaning, means accessing a protected computer without permission.' 

The question that legal scholars, groups such as the Electronic Frontier Foundation, and dissenting judge Stephen Reinhardt ask is an important one: Authorization from who?"

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