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by NoMoreNicksLeft 247 days ago
If I'm on the jury, I'll make sure he walks.

The only valid agreements require the party seeking the agreement to make efforts in that pursuit. Did a human view the signed agreement afterward? Do they store that signed agreement in such a way as to be able to retrieve it if they need to contest the terms later?

Then no agreement was made.

And as for the CFAA provisions, if they put those resources on the public internet, then the public has the right to interact with them. You can't fence off the sidewalk and claim that someone trespasses when they walk on it.

4 comments

It’s not like fencing off part of the sidewalk. It’s like having a building next to that sidewalk with a door. The fact that the door is easily accessible doesn’t mean everyone is welcome to come in. If the door is open that’s generally how it is. If it’s locked, even badly, entering would be trespassing. If it’s locked with a button that unlocks it, and the button says “by pushing this button you agree to the following terms,” well, that’s hard to say.
> If I'm on the jury, I'll make sure he walks.

If you're going to be on a jury, don't post things like this on the internet, even if I agree with you.

I haven't been summoned yet. If they're digging through my 10 yr old HN posts during voire dire though, I think we're in some sort of trouble that a verdict can't fix.
I think we're already there, at least regarding the trouble part :(

Semi-seriously, though, billions are being poured into the correlation of social media posts with real identities, it could be offered as an automated process for a fee that any lawyer would be happy to pay.

> You can't fence off the sidewalk and claim that someone trespasses when they walk on it.

Perhaps a better analogy would be:

If you go out into a public space, you have to accept that by doing so you lose a certain portion of your privacy. You cannot expect that other people will agree to your "terms and conditions" before being allowed to talk to you. They will just talk to you if they so like.

> If I'm on the jury, I'll make sure he walks.

This statement ensures you won't be on the jury.