Re:US Supreme Court Restricts Scope of Computer Fraud and Ab...
by Natsu on Thursday June 03, 2021 @05:33PM
(#27387631)
I'd say that should only be fraud if you lied to get access, I don't agree with interpretations that allow any random AUP to create new felonies.
Don't get me wrong, I understand how that can be straightforwardly interpreted as "unauthorized access." I'm advocating for what the law should be, in my view. The idea is to make a bright line that gives a test for mens rea to avoid over-criminalization while not being too unreasonable. I'm sure there could be scenarios I haven't thought of that would turn out poorly.
Don't get me wrong, I understand how that can be straightforwardly interpreted as "unauthorized access." I'm advocating for what the law should be, in my view. The idea is to make a bright line that gives a test for mens rea to avoid over-criminalization while not being too unreasonable. I'm sure there could be scenarios I haven't thought of that would turn out poorly.