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  • 15 Comments
Joined 2 years ago
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Cake day: July 5th, 2023

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  • to decide for what purpose it gets used for

    Yeah, fuck everything about that. If I’m a site visitor I should be able to do what I want with the data you send me. If I bypass your ads, or use your words to write a newspaper article that you don’t like, tough shit. Publishing information is choosing not to control what happens to the information after it leaves your control.

    Don’t like it? Make me sign an NDA. And even then, violating an NDA isn’t a crime, much less a felony punishable by years of prison time.

    Interpreting the CFAA to cover scraping is absurd and draconian.


  • What counts as an algorithm? Surely it can’t be the actual definition of algorithm.

    Because in most forum software (even the older stuff that predates reddit or social media) if I just click on a username, that fetches from the database every comment that the user has ever made, usually sorted in reverse chronological order. That technically fits the definition of an algorithm, and presents that user’s authored content in a manner that correlates the comments with the same user, regardless of where it originally appeared (in specific threads).

    So if it generates a webpage that shows the person once made a comment in a cooking subreddit that says “I’m a Muslim and I love the halal version” next to a comment posted to a college admissions subreddit that says “I graduated from Harvard in 2019” next to a comment posted to a gardening subreddit that says “I live in Berlin,” does reddit violate the GDPR by assembling this information all in one place?




  • That doesn’t logically follow so no, that would not make an ad blocker unauthorized under the CFAA.

    The CFAA also criminalizes “exceeding authorized access” in every place it criminalizes accessing without authorization. My position is that mere permission (in a colloquial sense, not necessarily technical IT permissions) isn’t enough to define authorization. Social expectations and even contractual restrictions shouldn’t be enough to define “authorization” in this criminal statute.

    To purposefully circumvent that access would be considered unauthorized.

    Even as a normal non-bot user who sees the cloudflare landing page because they’re on a VPN or happen to share an IP address with someone who was abusing the network? No, circumventing those gatekeeping functions is no different than circumventing a paywall on a newspaper website by deleting cookies or something. Or using a VPN or relay to get around rate limiting.

    The idea of criminalizing scrapers or scripts would be a policy disaster.


  • gaining unauthorized access to a computer system

    And my point is that defining “unauthorized” to include visitors using unauthorized tools/methods to access a publicly visible resource would be a policy disaster.

    If I put a banner on my site that says “by visiting my site you agree not to modify the scripts or ads displayed on the site,” does that make my visit with an ad blocker “unauthorized” under the CFAA? I think the answer should obviously be “no,” and that the way to define “authorization” is whether the website puts up some kind of login/authentication mechanism to block or allow specific users, not to put a simple request to the visiting public to please respect the rules of the site.

    To me, a robots.txt is more like a friendly request to unauthenticated visitors than it is a technical implementation of some kind of authentication mechanism.

    Scraping isn’t hacking. I agree with the Third Circuit and the EFF: If the website owner makes a resource available to visitors without authentication, then accessing those resources isn’t a crime, even if the website owner didn’t intend for site visitors to use that specific method.