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by FireBeyond 33 days ago
Yeah, there's a huge big hole you're ignoring:

That 18 USC 2 and 371 apply to the CFAA, too. What are those? Accomplice liability, which has been considered to include aiding and abetting. Hosting (and protecting, by virtue of your product) computer crime organizations could quite plausibly be rolled into accomplice liability.

1 comments

cloudflare has no knowledge that <random site> is linked to <random attack on a completely different company, originating from random places on the internet> and they have no way of gaining that knowledge unless presented with a lawful order stating such.

if what you were saying was at all a plausible legal interpretation, it would have been brought to light over the last 16 years of lawsuits cloudflare has been involved in. or it would have been brought up by their literal room full of (actual) on-staff lawyers.

aiding and abetting requires knowledge of the crime and intent to facilitate it. cloudflare has neither.