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Free Expression

CDT Files Brief Arguing Against Criminal Liability for Violating Terms-of-Service

CDT on Friday joined the Electronic Frontier Foundation, Public Citizen, and a group of 14 law professors in an "friend of the court" brief arguing that violating an online service’s Terms of Service agreement isn’t a criminal offense under the Computer Fraud and Abuse Act. The brief, submitted in the case of United States v. Lori Drew, explains that the legal theory behind the Government’s indictment of Ms. Drew would effectively criminalize the actions of millions of Internet users and raise significant due process and constitutional concerns.