May 9, 2003
Access and Authorization
At the Volokh Conspiracy, Orin Kerr linked to his new article entitled, “Cybercrime’s Scope: Interpreting “Access: and “Authorization” in Computer Misuse Statutes.” Haven’t read it, but it looks interesting. Kerr is a moderate supporter of the DMCA, so it’s not surprising that he redefines access without authorization in terms of circumventing technological protections. Significantly, he excludes contract-based restrictions from his definition. When reading this, interrogate whether this distinction actually creates a meaningful “balance.” (Note: he does not say that ToSs shouldn’t be enforceable at all – his analysis is restricted to criminal computer misuse statutes. Think about how the civil context is just as important, see Bowers v. Bay state.)
Filed by Derek Slater at 4:03 pm under General news
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