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by Zambyte 646 days ago
Depending on if you consider "authorization" to require consent or informed consent, it already is illegal behavior under CFAA.
1 comments

That would require a pretty creative interpretation of the CFAA.
The CFAA's broad enough so as to allow a lot of creative interpretation. A journalist using view source was breaking the CFAA was one district attorneys view.
This is the only carve out I could find for manufacturers of computers:

> No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware.

I guess Microsoft could argue their entire operating system business, app store, and update infrastructure are intentionally negligent, and so not covered.

I’d think a reasonable court would say that it’s working as designed, and therefore not covered by the carve out.

https://www.law.cornell.edu/uscode/text/18/1030

Intentional negligence is not a thing in law.