4 ms·
I think that is a real worry and you're not wrong that that's a hard test to pass. I just wish for a brighter line over what 'unauthorized' means and it's hard
by Natsu 5y ago
I think that is a real worry and you're not wrong that that's a hard test to pass. I just wish for a brighter line over what 'unauthorized' means and it's hard to do that in a way that doesn't let companies write AUPs that effectively define the scope of criminal laws in some way.
- repiret 5y agoThe decision talks about a gates-up-or-down analysis, which seems like the seed of a reasonable test: when the gates are up, entering a restricted area isn’t criminalized; when the gates are down, picking the lock or finding a home in the wall is criminalized. I haven’t read the decision closely enough yet to see how well developed that idea is.