Senate Committee Recognizes That Violating Terms of Service Shouldn't Be A Crime

from the now-let's-get-this-through dept

As we recently noted in our coverage of the various attempts to amend the Computer Fraud and Abuse Act (CFAA), with some plans to make it worse, there was one bright spot: Senators Grassley and Franken had introduced an amendment that would make it clear that merely violating a website’s terms of service did not constitute exceeding authorized access, as some law enforcement (and courts) had interpreted the law to read. Thankfully, this amendment was approved by the Senate Judiciary Committee. That’s no guarantee that it will become a part of the law — and there’s no guarantee that other changes might not make the CFAA even worse, but it’s at least a step in the right direction. It’s good to finally see Congress at least push back on the expansive interpretation of the CFAA that law enforcement has been using for too long.

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Comments on “Senate Committee Recognizes That Violating Terms of Service Shouldn't Be A Crime”

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Ken (profile) says:

TOS are unenforceable.

I question these terms of service postings that simply state by viewing this website you agree to their TOS.

This is ridiculous and should not have any kind of force of law. Simply viewing something does not imply agreement. I could just as well create a website that states by reading this notice you agree to send me all your worldly possessions.

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