Company Using Proxy To Evade Craigslist Block Violated CFAA

WillgasM writes "Changing your IP address or using proxy servers to access public websites you've been forbidden to visit is a violation of the Computer Fraud and Abuse Act, according to a judge's broad ruling (PDF) during a case on Friday involving Craigslist and 3taps. Opponents argue that this creates a slippery slope that many unsuspecting web users may find themselves upon. With your typical connection being assigned an address dynamically, is an IP ban really a 'technological barrier' to be circumvented? How long until we see the first prosecution for unauthorized viewing of a noindex page?" Probably a long time; the judge in the case rejected the slippery slope argument: 'There, and sprinkled throughout its earlier, ostensibly text-based, arguments, 3taps posits outlandish scenarios where, for example, someone is criminally prosecuted for visiting a hypothetical website www.dontvisitme.com after a "friend" — apparently not a very good one — says the site has beautiful pictures but the homepage says that no one is allowed to click on the links to view the pictures. Needless to say, the Court’s decision [regarding 3taps' actions]... does not speak to whether the CFAA would apply to other sets of facts where an unsuspecting individual somehow stumbles on to an unauthorized site.' Willful evasion of blocks for commercial gain, on the other hand ...

Comments

Trespassing

[guytoronto]

Seems no difference than trespassing. Putting on a fake mustache, sunglasses, and a wig doesn't mean you can ignore the trespass order.

There was also a cease-and-desist letter

[wonkey_monkey]

Would this ruling still have been made if they hadn't also ignored the cease-and-desist letter sent to them by Craigslist?

Re:There was also a cease-and-desist letter

[schneidafunk]

Unfortunately the IP address part got snuck into the ruling, which could have unintended consequences later. However, in this case, 3taps definitely deserves to be punished for their abusive behavior.

Does CFAA apply to the man?

[WaffleMonster]

If I put up a web site that forbid anyone working for or on behalf of any TLA or law enforcement agency from accessing any publically accessible content on my site could I use CFAA against the government when they ignore my wishes and suck the whole thing into a NSA database?