[chx]

18 U.S.C. §§ 1030(a)(5)(B)

> intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage;

I would think it's reasonably easy to establish mens rea when someone switches their sub from public to private and back every few hours, even if manually done because what else would they want to do but take down Reddit? Not to mention the punishes much harshly "conspiring" to commit such a crime. Careful there.

IANAL, of course.

[cryptonector]

They're mods. They're authorized. Taking their subs private -temporarily, intermittently, permanently- is within the scope of the authority delegated to them by Reddit. A prosecution on the basis of CFAA would be ridiculous -- though, of course, that wouldn't mean it couldn't happen.

[JohnFen]

IANAL either, but my reading of that is the "and" in there is important. That is, you'd have to be "intentionally accessing a protected computer without authorization" and recklessly cause damage.

Reddit mods are not accessing a protected computer without authorization.