The RIAA versus Piracy

Widespread piracy problems arose during the late 1990s with the popularization of technology allowing peer-to-peer (P2P) music sharing. Suddenly, software such as Napster, Scour, Aimster, AudioGalaxy, Morpheus, Grokster, Kazaa, iMesh, and LimeWire popped up on computers everywhere, allowing access to free music around the world—and fueling online piracy. However, in 2003, the Recording Industry Association of America (RIAA) put the laws established by the DMCA into practice and began a campaign to stop music piracy. In response to the growing number of users, the organization announced that it had been gathering evidence against users sharing music on P2P networks. Rather than go after the software engineers, “the RIAA investigators targeted ‘uploaders’—individuals who were allowing others to copy music files from their ‘shared’ folders (U.S. Copyright Office).”

This data collection led to the RIAA filing more than 250 lawsuits against individuals in what has been called “an unprecedented legal campaign against its own customers (Electronic Frontier Foundation).” Among the first of these lawsuits was one against a 12-year-old girl who had to pay $2,000 and publicly apologize to settle her case. Since then, the recording industry has filed, settled, or threatened legal actions against over 28,000 individuals (Electronic Frontier Foundation). Recently, the popular torrent site The Pirate Bay found itself under attack for allowing users to search for pirated copies of material. This case mirrors the case of Viacom versus YouTube, because the prosecution argued that The Pirate Bay was responsible for the material its users posted and downloaded. These lawsuits raise the question of whether websites are responsible for the actions of their users, an issue that looks to be central to future Internet legislation (Masnick, 2009).

TOS Agreements

All software and most Internet sites have a terms of service agreement to which its users must comply. Terms of Service (TOS) are legally binding rules that an individual must adhere to in order to use a particular piece of software or service. iTunes, for instance, makes users agree to use their downloadable material for noncommercial use only and states that Apple is not responsible for lost or corrupted files. Anyone who has installed a new piece of software or logged on to social networking sites has agreed to a TOS. Entrance into these sites or use of a program typically requires a user to read through legal guidelines and then click a box agreeing to abide by the stated rules.

Deterred by the length and legal jargon of the standard TOS, however, many people skip to the end and simply accept the terms without reading them carefully. iTunes, for instance, has a clause that states:

You may not use or otherwise export or re-export the Licensed Application [iTunes] except as authorized by United States law…the Licensed Application may not be exported or re-exported…into any U.S.-embargoed countries…You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons (Apple).

While not all Terms of Service are as extensive, an individual’s breach of any TOS may result in suspension, restriction, or cancellation of account privileges, depending on the severity of the offense. As individuals become increasingly reliant on Internet services such as e-mail, calendars, and social networks, the potential for disruption is enormous.

The Case of Megan Meier

In 2008, a compelling court case arose regarding TOS violation. Lori Drew, a 49-year-old woman, was accused of using a fake MySpace account to convince 13-year-old Megan Meier to commit suicide. After Drew’s daughter had a confrontation with Meier, Drew created an account pretending to be a teenage boy. At first she used the persona to flirt with Meier and uncover information about the teenager’s social life and relationship to her daughter. Later, when Drew decided she had enough information, she broke off her friendship, telling Meier that the world would be better off without her. Later that day, a distraught Megan Meier hanged herself (Steinhauer, 2008). After Lori Drew’s identity was revealed, Meier’s shocked parents filed charges against her. Despite the tragic events, whether Drew had actually committed a crime remained questionable. Eventually, prosecutors decided that:

Since there were no laws that applied in Missouri, the state where this tragedy occurred, [Drew] will face trial in California (the home of MySpace) where she will be charged with—of all things—TOS violations. Creating a false identity goes against MySpace’s terms of service and…as a result she will be facing 1 count of conspiracy and 3 counts of accessing a computer without authorization (Spalding, 2008).

The case is complicated and the charge unprecedented. As one author writes, “This raises the questions as to how much weight do online ‘contracts’ hold (Spalding, 2008).”

Prosecutors charged Drew under the Computer Fraud and Abuse Act (CFAA), although that law is designed primarily to reduce hacking into computer systems. In August 2009, a jury found Drew guilty of “misdemeanor counts of unauthorized access,” but commented that “the CFAA was not devised as a vehicle for criminalizing simple contractual violations on the Internet (Paul, 2009).” Although many believe that prosecutors pushed the charge too far, the Drew case brought TOS agreements to the attention of the public, shedding light on the complicated laws associated with Internet use.

Crimes on the Internet

Although cases such as Drew’s have brought about unexpected challenges, other online cases have had less ambiguous results. One newly clarified aspect of online law involves the use of the Internet to commit a crime. Regardless of the supposed anonymity of online use, law enforcement agencies and courts can requisition Internet protocol (IP) addresses of suspected lawbreakers and trace their computers to discover their identities. This practice has brought many individuals to trial for criminal offenses committed over the Internet.