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"This is a novel and extreme reading of what [the law] prohibits," says Jennifer Granick, civil liberties director at the Electronic Frontier Foundation. "To say that you're violating a criminal law by registering to speak under a false name is highly problematic. It's probably an unconstitutional reading of the statute."
"Theoretically, it applies to any use of a service in violation of the terms of service," says EFF's Granick, who says the impact of the Drew prosecution could be far-reaching. By way of example, Granick notes that some terms-of-use contracts prohibit users from making negative comments about the company. "If you write on a blog something disparaging about that company, are you in violation of criminal law?" Other contracts have prohibited visitors to a website from linking to that site.
