July 19, 2016

9th Circuit: It’s a federal crime to visit a website after being told not to visit it

Washington Post

Orin Kerr - The U.S. Court of Appeals for the 9th Circuit has handed down a very important decision on the Computer Fraud and Abuse Act, Facebook v. Vachani,. For those of us worried about broad readings of the Computer Fraud and Abuse Act, the decision is quite troubling. Its reasoning appears to be very broad. If I’m reading it correctly, it says that if you tell people not to visit your website, and they do it anyway knowing you disapprove, they’re committing a federal crime of accessing your computer without authorization.

I think this decision is wrong, and that it has big implications going forward. Here’s a rundown of the case and why it matters. I’ll conclude with a thought about a possible way to read the case more narrowly, as well as why I’m not convinced that narrow reading is correct:


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