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by fiatmoney 3680 days ago
Please stop with home / lock / etc. metaphors. This is a very simple situation and there is no need to analogize.

When you analogize to a separate situation like keyed locks or zeppelin airspace access rules you're attempting to say something about similarities between the reasoning in resolving the rule on both sides, which requires you to actually make a contention about what aspects of the situation are compatible, and which of those aspects are salient to the definition in question.

Computer behavior patterns are different enough that if you want to analogize, for the love of god explain the aspect you are analogizing. Even the notion of a "protocol" doesn't really exist in meat space.

Something like "transit through third-party routers is a form of access easement"? OK, I could maybe roll with that as a premise if we get into the weeds about what that would imply.

"It's like an unlocked door!" Jesus christ, stop. No, it's not. Even particular unlocked doors aren't what you're thinking of as an archetypical unlocked door, because "unlocked door" isn't a legal concept.

1 comments

I was merely theorizing that in 1986 when the Computer Fraud and Abuse Act was written that was the reasoning behind why it was written in that way. I assumed that the readers here understand the underlying tech involved.