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Appeals Court Rules TOS Violations Aren't Criminal

Posted by Soulskill on from the by-reading-this-you-agree-to-not-commit-felonies dept.

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."

9 of 120 comments (clear)

  1. Corporations don't make law by Anonymous Coward · · Score: 5, Insightful

    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.

    1. Re:Corporations don't make law by Anonymous Coward · · Score: 5, Insightful

      Which is exactly what I said.

      What you said was deceptive and someone pointed out that deception. Saying you intended to deceive people don't help.

  2. Ex post facto by NoNonAlphaCharsHere · · Score: 5, Insightful

    If a corporation can unilaterally change a TOS agreement AFTER someone has signed up for the service (which they do all the time), how can anybody then claim that violating it is a criminal offense?

  3. Re:Can't complain by CanHasDIY · · Score: 5, Insightful

    I think it's hard to tell whether this is good for consumers (because we have the freedom to do what we want with our programs, etc), or bad for consumers (because it makes things less safe for companies). Either way, I'm happy for now, I guess.

    It's not hard to tell at all: being able to throw consumers in jail for ToS violations is most definitely, unquestionably, bad for consumers.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  4. Go to SCotUS, Go directly to SCotUS by LostCluster · · Score: 5, Insightful

    A court ruling out of line with three other rulings is certainly a sign that the court wants a higher court to look at this... 3-1 scores don't matter, just that the case got there.

  5. Re:I must be reading something wrong... by CanHasDIY · · Score: 5, Insightful

    Lower courts have held that violating a (basically TOS) is a crime?

    Not just a crime, a felony crime. Which means being convicted of ToS violations not only takes away your physical freedom, but also damages your ability to find a job upon release, makes it impossible to own a gun, removes your right to vote (although some states restore that right after a prescribed period of time), and all the other wonderful disadvantages that come with being a convicted felon.

    Land of the Free, my enslaved ass.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  6. Not a TOS by Desler · · Score: 5, Insightful

    Once again a terrible title and summary. This had nothing to do with a TOS. It was about trying to prosecute someone criminally for violating their workplace's authorized access policy.

  7. Damn it by Fned · · Score: 5, Funny

    I was so looking forward to forcefully citizen's-arresting the next HR asshole to demand my Facebook login.

  8. Re:I must be reading something wrong... by Jeng · · Score: 5, Funny

    Ya know, if they want to charge you with a felony you might as well commit one and kill the motherfucker who wrote the TOS.

    --
    Don't know something? Look it up. Still don't know? Then ask.