Federal Appeals Court rules that violating a website's Terms of Service is not a crime


Originally published at: https://boingboing.net/2018/01/11/felony-eulas.html




Republican Congress better get busy, they only have about a year to mess this up.


This case has nothing to do with the federal CFAA. It concerns California and Nevada state statutes that criminalize unauthorized access.

Nor does it hold that the violation of a TOS does not violate California or Nevada statutes (let alone the CFAA, which, again, is not at issue). It holds that under the specific circumstances at issue in this case—when access in general was authorized by the TOS, but the particular method of access was unauthorized—there was no violation of California or Nevada statutes.

closed #5

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