How the CFAA Limits Pair Testing
The New Yorker has an interesting article about how the Computer Fraud and Abuse Act (CFAA) limits the ability of others to go undercover and investigate online discrimination. According to the article, the CFAA prohibits individuals from violating a web site’s Terms of Service. Thus, if an employment web site prohibits its users from submitting false information a person could not submit two identical resumes in which all the information is exactly the same except for the gender, race or age. This type of pair testing or auditing has been used numerous times in the past to ferret out discriminatory practices. The article further states that while there have been some congressional efforts in the past to modify the CFAA, those efforts have fallen flat because they lack support from the big tech companies.
To read the article in full go here.