Heading to the Courthouse for Sandvig v. Sessions | Social Media Collective: "As things stand, the misguided US anti-hacking law, called the Computer Fraud and Abuse Act (CFAA), makes it a crime if a computer user “exceeds authorized access.”
What is authorized access to a Web site? Previous court decisions and the federal government have defined it as violating the site’s own stated “Terms of Service,” (ToS) but that’s ridiculous. The ToS is a wish-list of what corporate lawyers dream about, written by corporate lawyers. (Crazy example, example, example.) ToS sometimes prohibit people from using Web sites for research, they prohibit users from saying bad things about the corporation that runs the Web site, they prohibit users from writing things down. They should not be made into criminal violations of the law.
In the latest developments of our case, the government has argued that Web servers are private property, and that anyone who exceeds authorized access is trespassing “on” them. (“In” them? “With” them? It’s a difficult metaphor.)
In other cases the CFAA was used to say that because Web servers are private, users are also wasting capacity on these servers, effectively stealing a server’s processing cycles that the owner would rather use for other things." 'via Blog this'
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