Re:US Supreme Court Restricts Scope of Computer Fraud and Ab...
by pdonis on Thursday June 03, 2021 @06:31PM
(#27388274)
> the way to make that happen is by limiting the scope of the law as much as possible, in order to force law makers to rewrite it.
I doubt that will actually happen, though. Our system basically assumes that laws will be written to be vague and ambiguous, and that courts will clarify the interpretation over time. I don't think this is a very good way to run things, but it seems to be the way we've settled on.
Re:US Supreme Court Restricts Scope of Computer Fraud and Ab...
by jdmichal on Thursday June 03, 2021 @06:45PM
(#27388413)
Maybe. But it's a pretty strong component of the interaction between legislature and judiciary. Ambiguity should be resolved to make fewer things criminal. And then the legislature can disambiguate if they deem it important enough business to do so.
And the way to make that happen is by limiting the scope of the law as much as possible, in order to force law makers to rewrite it. Which is what has happened here. If law makers did intend the rejected interpretation, then they should rewrite it to clarify such.