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I'm more interested in how the rewording from "unauthorized access" to "the circumvention of technological access barriers" holds any substantial practical diff
by aspensmonster 14y ago
I'm more interested in how the rewording from "unauthorized access" to "the circumvention of technological access barriers" holds any substantial practical difference. It gives the defense a leg to stand on by specifying "technological" access barriers and their "circumvention," and the amendments also exclude ToS violations as barriers. But what's to stop a prosecutor from arguing that unrelated technological barriers were in place elsewhere, and the fact that a defendant didn't encounter these (technological) barriers still constitutes circumvention? I guess there'd be a big fight over "circumvention," but IANAL so perhaps it's all moot.
I also don't understand how "changing one's MAC or IP address [in order to circumvent] 'technological access measures'" doesn't constitute a violation in principle, even if their proposed bill decides to whitelist those two behaviours notwithstanding other portions of the bill.
- mpyne 14y ago> I also don't understand how "changing one's MAC or IP address [in order to circumvent] 'technological access measures'" doesn't constitute a violation in principle It is a violation in principle; the real world equivalent would be having a posted picture saying "DO NOT ADMIT THIS MAN INSIDE" but Aaron walks up wearing a ridiculous faux mustache and gets admitted anyways. IMHO it's explicitly whitelisted not because of the principle, but because it's the behavior Aaron employed that they're trying to make legal in the future.