Appeals Court Rules TOS Violations Aren't Criminal

Trepidity writes "In a decision today (PDF), the Ninth Circuit Court of Appeals ruled that the Computer Fraud and Abuse Act 'does not extend to violations of use restrictions,' and therefore violating terms of service and corporate use policies is not a federal crime. Law profesor Orin Kerr cheered the decision, but since three other Courts of Appeals have reached opposite decisions, it might be heading to the Supreme Court."

Comments

Re:Corporations don't make law

[Baloroth]

And therefor, violating a TOS can't automatically be seen as criminal activity. Kudos to the Ninth Circuit Court of Appeals for having their head on straight.

Actually, the question is whether the law on the books that makes it illegal if an action "exceeds authorized access" applies to TOS violations, since the TOS outline what counts as authorized access. You can argue very easily that using a service in a manner that breaks the TOS does, in fact, violate the law (by exceeding what you were authorized in the TOS), but this court argues that the language is somewhat ambiguous and in the case of criminal law, you should always err on the side of leniency unless Congress makes itself clear. Basically, an action cannot be criminal unless the law clearly and explicitly states it is.

The case has nothing to do with corporations ability to make an action illegal, specifically, but rather whether an action (violating the TOS) is already criminal under the current law. Agreed about the court having it's head on straight, this judge seems extremely rational.

Re:Ex post facto

[dbet]

They can amend the contract, however, you are allowed to not accept the new version. So for example you're one year into a 2 year contract with AT&T, and they change the terms. You are now free to walk away. Because of this they usually grandfather in people who are in existing contracts.

Re:Corporations don't make law

[AuMatar]

No it isn't. The 9th circuit court is by far the largest appellate court in the country, so while it has the most appeals overturned, it also has the most cases. By percentage it's actually in the middle of the pack.