A Ninth Circuit Appellate Court has rejected Oracle's attempt to treat violating its website terms of service as a felony under the Computer Fraud and Abuse Act,
This legal theory -- that the CFAA felonizing violating Terms of Service -- was the basis for the legal action against Aaron Swartz, the young computer pioneer who was under 13 felony counts for downloading publicly accessible documents with an automated script when he hanged himself in 2013.
At oral argument in July 2017, Judge Susan Graber pushed back [at around 33:40] on Oracle’s argument that automated scraping was a violation of the computer crime law. And Monday, the 3-judge panel issued a unanimous decision rejecting Oracle’s position. As the court held:
The court even refers to our brief:
Ninth Circuit Doubles Down: Violating a Website’s Terms of Service Is Not a Crime
(Image: Fred Benenson, CC-BY)
Police in the small English town of Burnham publicized bodycam video of an arrest they made earlier this year. Owen Pellow, 42, had called emergency services to report that his ex-partner, Lisa Marie Thornton, hurt herself. But they knew from Pellow’s weird, shocked demeanor that he had hurt her and arrested him immediately. It’s very […]
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