D Victoria Baranetsky
Silicon Valley won’t promise to protect journalists. Lawmakers, you’re up.
Will I go to prison for violating the terms of service? This is the question journalists must ask themselves, now, when writing data stories based on public information collected from a website, such as Facebook or Twitter. Violating a terms of service that prohibits scraping can carry with it possible criminal liability under the Computer Fraud and Abuse Act (CFAA). No journalists have been prosecuted under this statute, but their sources have, and some journalists have been asked to stop using specific reporting tools by Facebook.