Peaceful John
Active Member
- May 31, 2011
- 239
It's an interesting read. Auernheimer may impact the "sensitive area / gun free zone" restrictions on 2A civil rights.
http://www.volokh.com/
Teaser below:
AUERNHEIMER DID NOT VIOLATE THE CFAA BECAUSE VISITING AN UNPROTECTED PUBLIC WEBPAGE IS NOT UNAUTHORIZED ACCESS.
A: Visiting AT&T’s Website Was “Authorized” Under the CFAA Because AT&T’s Webpages Were Unprotected and Openly Available to the Public.
B. AT&T’s Hope That the Public Would Not Visit Its WebsiteDoes Not Make Such Visits Unauthorized.
C. Auernheimer’s Characterization of Spitler’s Act As “Theft”Does Not Make the Access Illegal.
D. If “Authorization” is Ambiguous, the Rule of Lenity Requires It to be Narrowly Construed
http://www.volokh.com/
Teaser below:
AUERNHEIMER DID NOT VIOLATE THE CFAA BECAUSE VISITING AN UNPROTECTED PUBLIC WEBPAGE IS NOT UNAUTHORIZED ACCESS.
A: Visiting AT&T’s Website Was “Authorized” Under the CFAA Because AT&T’s Webpages Were Unprotected and Openly Available to the Public.
B. AT&T’s Hope That the Public Would Not Visit Its WebsiteDoes Not Make Such Visits Unauthorized.
C. Auernheimer’s Characterization of Spitler’s Act As “Theft”Does Not Make the Access Illegal.
D. If “Authorization” is Ambiguous, the Rule of Lenity Requires It to be Narrowly Construed
