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.
> 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