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by TeMPOraL
2967 days ago
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They're different because in the scarf example, you're expressing the expectation before giving the scarf. In the web example, the expectation is applied retroactively. It's as if you gave me the scarf, no strings attached, and later said "oh, since I gave you that scarf, I also want you to go to the store and pick up some cough medicine for me". On the web, we have a way to handle the exact equivalent to your scenario. We do that by ensuring the user agrees to go to the store before handing them over a scarf. For instance, on the protocol level, you could reject all GET requests that do not have attached the proof of acceptance of the cough medicine quest. The rejection message (e.g. 403 Forbidden) would contain a machine-interpretable requirement of the quest. That synergizes well with the legal level - faking proof of quest acceptance would (AFAIK) constitute unauthorized access to scarf under CFAA. At the same time, the valid proof could match the legal definition of informed consent. It also meshes well with the social level, as whoever reads the 403 response (e.g. in their browser) would see the need to consent to the quest in order to get the scarf. Consenting to the quest, taking the scarf, and then not doing the quest would rightfully classify me as a thief and an asshole. |
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I'm glad we've come to agreement, then :). I agree, if the expectations are unstated, there is no agreement, and nobody is bound by unstated expectations.
If the website makes you agree to not use an ad blocker, you agree, and then still do it, that's stealing. If you do not undergo this interrogative exchange, then it's not stealing.