Under Van Buren, merely saying in the ToS that [X] part of website is restricted access would not be enough to make it a crime under the CFAA. In the Van Buren

Under Van Buren, merely saying in the ToS that [X] part of website is restricted access would not be enough to make it a crime under the CFAA. In the Van Buren case, SCOTUS was very concerned with the potential for innocent actors to unwittingly run afoul of the CFAA. The website would likely have to take further steps to make the restrictions on access known to the user (such as a warning when trying to access [X], and probably also take actual steps to limit access to [X], such that one would only be able to access [X] deliberately knowing that they don't have authorized access to it.