Re:US Supreme Court Restricts Scope of Computer Fraud and Ab...
by techsupporter on Thursday June 03, 2021 @09:21PM
(#27389414)
> rather than going down this weird path of trying to warp the definition of "authorized".
I don't think they are. I think SCOTUS is looking at this, as is their wont, from a legal perspective.
We have two legal systems: civil and criminal. Both of them have the concept of "authorized." What SCOTUS has said here is that whether or not something is unauthorized may be a civil tort claim--you broke a contract--versus a criminal offense--you broke the law.
That seems to be the knot everyone is trying to untie here. It's not illegal for me to break a contract with someone. It is illegal for me to break the law.
Yes. And SCOTUS's problem is that they think the punishment for visiting facebook at work shouldn't be the same as the punishment for stealing company records - and that's fine, and of course something I agree with. But SCOTUS should actually address that directly, rather than going down this weird path of trying to warp the definition of "authorized".