[tuxxy]

> Would CFAA still apply here if EFF wins this case?

I hope not! What you described here is a great example of why EFF should win this case. Violating ToS is not and _should not_ be cause for civil or criminal action. If you don't want this user on your service, then remove them. If they continually violate your ToS and it results in damages or losses, then perhaps you have a more reasonable civil case than one invoking CFAA, but IANAL.

[tdrp]

Thanks - I feel like there should be something to legally strong-arm banned users into staying away. CFAA is one of the most direct: “I have banned you from my site and you keep coming back so I will take you to court to make you stop”. For those users we don’t really want to get damages from them as much as we just really want to never have to deal with them again. I’d even be fine with a restraining order Against the person using the site kind of thing as the maximal punishment.

If it were a physical store and you kicked someone out for bad behavior and then they kept coming back by wearing different wigs or something, it would still be illegal.