Schneier - Clarifying the Computer Fraud and Abuse Act

A federal court has ruled that violating a website's tems of service is not "hacking" under the Computer Fraud and Abuse Act.

The plaintiffs wanted to investigate possible racial discrimination in online job markets by creating accounts for fake employers and job seekers. Leading job sites have terms of service prohibiting users from supplying fake information, and the researchers worried that their research could expose them to criminal liability under the CFAA, which makes it a crime to "access a computer without authorization or exceed authorized access."

So in 2016 they sued the federal government, seeking a declaration that this part of the CFAA violated the First Amendment.

But rather than addressing that constitutional issue, Judge John Bates ruled on Friday that the plaintiffs' proposed research wouldn't violate the CFAA's criminal provisions at all. Someone violates the CFAA when they bypass an access restriction like a password. But someone who logs into a website with a valid password doesn't become a hacker simply by doing something prohibited by a website's terms of service, the judge concluded.

"Criminalizing terms-of-service violations risks turning each website into its own criminal jurisdiction and each webmaster into his own legislature," Bates wrote.

Bates noted that website terms of service are often long, complex, and change frequently. While some websites require a user to read through the terms and explicitly agree to them, others merely include a link to the terms somewhere on the page. As a result, most users aren't even aware of the contractual terms that supposedly govern the site. Under those circumstances, it's not reasonable to make violation of such terms a criminal offense, Bates concluded.

This is not the first time a court has issued a ruling in this direction. It's also not the only way the courts have interpreted the frustratingly vague Computer Fraud and Abuse Act.



from Schneier on Security https://www.schneier.com/blog/archives/2020/03/clarifying_the_.html

Comments

Post a Comment

Popular posts from this blog

Krebs - NY Charges First American Financial for Massive Data Leak

Image
In May 2019, KrebsOnSecurity broke the news that the website of mortgage title insurance giant First American Financial Corp. had exposed approximately 885 million records related to mortgage deals going back to 2003. On Wednesday, regulators in New York announced that First American was the target of their first ever cybersecurity enforcement action in connection with the incident, charges that could bring steep financial penalties. First American Financial Corp. Santa Ana, Calif.-based  First American [ NYSE:FAF ] is a leading provider of title insurance and settlement services to the real estate and mortgage industries. It employs some 18,000 people and brought in $6.2 billion in 2019 . As first reported here last year , First American’s website exposed 16 years worth of digitized mortgage title insurance records — including bank account numbers and statements, mortgage and tax records, Social Security numbers, wire transaction receipts, and drivers license images. The d...
Read more

KnowBe4 - Scam Of The Week: "When Users Add Their Names to a Wall of Shame"

Image
Eric Howes , KnowBe4 Principal Lab Researcher, found out about another insidious bad guy trick: " If you work in IT there has undoubtedly come a dark moment when you wondered to yourself just who among your employee users would be gullible enough to click through a phishing email and potentially bring down your organization. from KnowBe4 Security Awareness Training Blog https://blog.knowbe4.com/when-users-add-their-names-to-a-wall-of-shame
Read more