Summary. Nick Akerman's latest article is on web site Terms of Use, published this past month in his Data Column in the National Law Journal. Web site Terms of Use have been in the news recently with the criminal prosecution of 49 year old Lori Drew who is charged with breaching MySpace's Terms of Service by tormenting and harassing a 13 year old girl who, as a result, committed suicide. As this article discusses, recent caselaw supports using the federal Computer Fraud and Abuse Act to enforce web site Terms of Use not only to protect the physical safety of web site users, but also to protect a company against competitors from using its web site to gain a competitive advantage.
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"Web Site Terms of Use" was published by the National Law Journal, September 8, 2008. Republished with permission.
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