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by kube-system 2246 days ago
The CFAA doesn't protect "content", though. It protects "protected computers".

In this case, Amazon fully owns, possesses, and operates the "protected computer".

You'd have to successfully argue that Amazon fraudulently accessed their own computer. It might be possible, but I'm guessing it'd be a first.

The difference in Aaron's case is huge: he didn't own the computers that hosted JSTOR.
1 comments
ceejayoz 2246 days ago
The Amazon employee accessing the data would be "exceeding authorized access".

> The difference in Aaron's case is huge: he didn't own the computers that hosted JSTOR.

His access was authorized, though. They still threw CFAA at him.

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kube-system 2246 days ago
"exceeding authorized access" is not enough to violate the CFAA.

You have to "exceed authorized access to a protected computer"

The CFAA is not a data protection law. It is a computer protection law.

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ceejayoz 2246 days ago
https://en.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act

> In practice, any ordinary computer has come under the jurisdiction of the law, including cellphones, due to the interstate nature of most Internet communication.

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kube-system 2246 days ago
Sure. The question I am alluding to is: can someone defraud their own computer?

Maybe it is possible, but the consequences to answering 'yes' to this is pretty scary.

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ceejayoz 2246 days ago
If I buy my spouse a phone, and secretly bug it, I'm still violating wiretap laws, even if it's technically mine.

If I'm renting an apartment, my landlord can't install a camera in the bathroom, even if they're the owner of the building.

Ownership doesn't change the fact that the law says "exceeds authorized access". Amazon agrees to only access the computer I'm renting from them in very specific scenarios. If they violate that, it looks like a pretty clear CFAA violation.

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kube-system 2246 days ago
Neither of your two examples have anything to do with the CFAA.

> Amazon agrees to only access the computer I'm renting from them in very specific scenarios.

AWS provides compute services, they do not rent computers. They make this clear in their terms.

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