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Really? If I execute a script that DDoS someone, presumably it should not be treated as "speech" as if it is a protected right. That's such a hilariously slippe
by makoz 4y ago
Really? If I execute a script that DDoS someone, presumably it should not be treated as "speech" as if it is a protected right. That's such a hilariously slippery slope since you can arguably do "anything" via executing code.
- arthurcolle 4y agoNah your example is more like performing a magic spell that prohibits others from speaking (DDoSing a public service site, as an example)
- nradov 4y agoDenial of service attacks are explicitly illegal under the National Infrastructure Protection Act (NIIPA). I don't think a defendant has ever successfully challenged that law on First Amendment grounds, so the basic legal issues appear to be settled. Of course as a practical matter it can be difficult to prosecute DDoS attackers under that statute. Either they don't leave hard evidence, or they hide in countries which don't extradite.