Court: Violating a site’s terms of service isn’t criminal hacking

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A federal court in Washington, DC, has ruled that violating a website's terms of service isn't a crime under the Computer Fraud and Abuse Act, America's primary anti-hacking law. The lawsuit was initiated by a group of academics and journalists with the support of the American Civil Liberties Union.

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.

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