That CAPTCHA breaking violates website terms of service isn't really in question.
1196) would limit the scope of the CFAA by excluding TOS violations, however, it hasn't been adopted as of this writing. However, the district court refused to dismiss some charges against Nosal when the case was returned, and a jury conviction resulted in a prison sentence.Īt least three different circuits have arrived at other interpretations of the CFAA. 2012), the 9th Circuit decided violations of use should be considered breaches rather than crimes. Whether violating a website's terms of service should be considered a federal crime subject to the Act has been a subject of hot debate. This means creative prosecutors can and do win federal criminal cases by arguing the law should apply. § 1030 (Computer Fraud and Abuse Act) governs. This is a developing area within the law.
0 kommentar(er)
