SoylentNews

Ninth Circuit Doubles Down: Violating a Website’s Terms of Service Is Not a Crime

posted by Fnord666 on Thursday January 11 2018, @08:38PM   
from the clarifying-things dept.

"MrPlow" writes:

Submitted via IRC for FatPhil

Good news out of the Ninth Circuit: the federal court of appeals heeded EFF's advice and rejected an attempt by Oracle to hold a company criminally liable for accessing Oracle's website in a manner it didn't like. The court ruled back in 2012 that merely violating a website's terms of use is not a crime under the federal computer crime statute, the Computer Fraud and Abuse Act. But some companies, like Oracle, turned to state computer crime statutes—in this case, California and Nevada—to enforce their computer use preferences.

This decision shores up the good precedent from 2012 and makes clear—if it wasn't clear already—that violating a corporate computer use policy is not a crime.

Source: https://www.eff.org/deeplinks/2018/01/ninth-circuit-doubles-down-violating-websites-terms-service-not-crime

---

Original Submission

• Re:It's clearly not CRIMINAL. However, it is CIVIL (Score: 2) by requerdanos on Friday January 12 2018, @02:25PM

  by requerdanos (5997) on Friday January 12 2018, @02:25PM (#621381) Journal

  You can't just draft some nonsense, stick it on a website that's completely open, and then pretend it's enforceable...

  Put what you don't want seen behind a login wall, make people agree contracts for supplying that login. Shut off those logins if they cheat the contract.

  This is a clear, succinct statement of this entire issue, using simple, easy-to-understand words and phrases. Well done.

  Parent

  Starting Score:	1		point
  Karma-Bonus Modifier		+1
  Total Score:		2