Re:US Supreme Court Restricts Scope of Computer Fraud and Ab...
by 1vuio0pswjnm7 on Thursday June 03, 2021 @11:53PM
(#27390374)
"Imagine Comcast shanges a policy, and suddenly you're in violation of Computer Fraud and Abuse Act (CFAA)."
That is only an argument, not a fact. They would have to persuade a court you are violation of the CFAA. That requires evidence. In almost all the previous cases with similar facts, the plaintiff provided notification and an instruction to cease and desist. Apparently, the plaintiff's lawyers or prosecutors thought they needed that as evidence. If you received such notfication, and you wished to avoid a CFAA claim, then you would follow the instruction and stop doing whatever Comcast is complaining about. And that would be the end of it.
The thing about the Swartz case is that he broke into a network closet and connected his laptop with ethernet cable directly to an MIT computer (networking equipment) in the closet. Even with this latest USSC decision, how could that ever be "authorised [physical] access".
That is only an argument, not a fact. They would have to persuade a court you are violation of the CFAA. That requires evidence. In almost all the previous cases with similar facts, the plaintiff provided notification and an instruction to cease and desist. Apparently, the plaintiff's lawyers or prosecutors thought they needed that as evidence. If you received such notfication, and you wished to avoid a CFAA claim, then you would follow the instruction and stop doing whatever Comcast is complaining about. And that would be the end of it.
The thing about the Swartz case is that he broke into a network closet and connected his laptop with ethernet cable directly to an MIT computer (networking equipment) in the closet. Even with this latest USSC decision, how could that ever be "authorised [physical] access".