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No, a Craigslist judgement on CFAA grounds wouldn't trigger a federal fine. But any activity that wins damages on the civil side could also (at federal prosecut
by gojomo 11y ago
No, a Craigslist judgement on CFAA grounds wouldn't trigger a federal fine. But any activity that wins damages on the civil side could also (at federal prosecutor discretion) be prosecuted criminally.
A civil precedent on what counts as "exceed[ing] authorized access" under the CFAA also affects who might be subject to the full range of federal criminal penalties, in future actions. So Craigslist's interpretation winning, compared to EFF's, ultimately means more people threatened with 1-10 years in federal prison.