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I'd have always thought that the terms of service (that I haven't signed (checking a check box doesn't count)) couldn't just make something, that wasn't already

• TomatoTomato 15y ago
  Computer Fraud and Abuse Act of 1986 has been stretched such that federal prosecutors have won convictions based on the theory that violating a website’s ‘terms of service’ is a crime under this law. However, eventually it was deemed that this may be too broad a standard, but no clear decision has been made.
  • ErrantX 15y ago
    Someone suggested to me earlier that it might be possible to call it unauthorised access, which is a crime under that act. However as you would voluntarily give up the key that becomes complicated; a court would have to decide that you were given no choice (give up the password, or give up the job).
    • Duff 15y ago
      The question then becomes, are you an accessory to a federal crime by enabling someone to gain unauthorized access to a computer system?
      • ErrantX 15y ago
        No; in much the same way as if the Russian Mafia held you at gun point to hand over the password :)
• nokcha 15y ago
  >I'd have always thought that the terms of service (that I haven't signed (checking a check box doesn't count)) couldn't just make something, that wasn't already, illegal. A United States District Court considered whether the Computer Fraud and Abuse Act criminalized TOS violations, and the court concluded that such a statute would be unconstitutional as applied in such a situation under the "void for vagueness" doctrine. U.S. v. Lori Drew, 259 F.R.D. 449 (C.D. Cal. 2009).