AWS terms do not assign their customers any rights to any physical computer. And the AWS customer agreement gives Amazon the authority to access your data for certain purposes.
I'm not sure I've ever heard of anyone prosecuted under the CFAA for accessing a computer that they physically own and physically control. AWS is a service, not a computer rental.
> We will not access or use Your Content except as necessary to maintain or provide the Service Offerings, or as necessary to comply with the law or a binding order of a governmental body.
The CFAA uses wording like "exceeds authorized access", which Amazon would absolutely be guilty of if they went into your database to spy on your product listings.
If they could go after Aaron Swartz for using authorized access in an unauthorized way, it seems likely it could be applied here.
"One reason we could charge the price we did for the service is that we were treating the data we had access to as an investment. Thus the data we accessed was done so to ensure the service could be maintained."
Would a judge accept that argument? From me? No. From the lawyers Amazon can afford? I wouldn't be comfortable betting either way.
A reminder that the legal system is designed to serve the wealthy, and few are wealthier than Amazon. It's not absolute, but the little guy isn't going to walk away with Bezo's fortune in damages.
> In practice, any ordinary computer has come under the jurisdiction of the law, including cellphones, due to the interstate nature of most Internet communication.
AWS terms do not assign their customers any rights to any physical computer. And the AWS customer agreement gives Amazon the authority to access your data for certain purposes.
I'm not sure I've ever heard of anyone prosecuted under the CFAA for accessing a computer that they physically own and physically control. AWS is a service, not a computer rental.