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)
Ricardo Palacios, a 74-year old rancher, had gotten used to Customs and Border Protection officials tromping across his south Texas ranch lands without permission over the years. But finding a wireless surveillance camera set up in one of his trees? Not OK. Upon discovering the device, Palacios removed it immediately. It wasn’t long after that […]
Redbox buys DVDs and then rents them through automated kiosks, including DVDs from Disney that come with download codes to watch the videos through a DRM player.
Until recently, under Canadian law, prison administrators could confine their charges to an indefinite period in solitary confinement. Thanks to a pair of high profile court rulings, this could change in a big way, provided the Federal government can get its shit together. Last month, the Supreme Court in the Canadian province of British Columbia […]
Surfing on public Wi-Fi is convenient, but it’s far from safe. Whether you’re at a cafe or hotel, connecting to an unsecured network exposes you—and your personal information—to a host of hazards, including hackers, government spies, and trackers. Private Internet Access helps you navigate past these risks and tap into a safer, restriction-free internet, and […]
The web is vast, and while there’s room for everyone, competition is stiff when it comes to landing on that first page of a Google search. That’s why developers aren’t afraid to spend exorbitant amounts of time and money on search engine optimization (SEO) to ensure their sites rank higher than others. However, not all […]
Many of us enjoy the aesthetic of vintage electronics, but trying to use most hardware from the 1950’s isn’t necessarily practical. This is especially true where speakers are concerned. While most of us can appreciate the old-school feel of retro speakers, they have a hard time matching the convenience and power delivered by today’s Bluetooth speakers. […]