[andylei]

> 1.) We're reading TOS now? Is that against the law?

so is your comment a joke reply, or do you have a serious argument? has this ridiculous response indicates that you concede that it is against the terms of service?

> 2.) Irrelevant, could be a simple traffic reduction block.

if he thought it was that, why did he need a mask to retrieve his computer?

> 3.) Too flimsy to rest the entire charge on.

agree. except there's all the stuff above.

[jasonzemos]

Violating a private entity's TOS is not a federal crime. He did not mask anything: MIT has an open network, and apparently unlocked wiring closets (trespassing was not charged). Rotating your IP address on an already open network to circumvent said TOS does not constitute a statutory violation either. You can sue him, that's about it.

[pdonis]

What about JSTOR's TOS?