[eurleif]

>Write some nominal piece of code whose stated purpose is to prevent the thing you want to prohibit, even if it's facile and trivially bypassed, and now bypassing it is apparently back to being a federal crime again.

I'm not sure what I think about this, but here's a real-world analogy to consider. Suppose I have a storefront, and I keep the doors unlocked, but I put a small sign on the door saying you can't enter unless I've issued you a membership card. Should it be a crime to enter without one? Probably not. Now let's say I get a card reader-based lock, so you can't enter without a card. Even if the lock is easily bypassed (let's say I've left a window open), isn't it reasonable to consider it a crime to do so?

[InclinedPlane]

That's hardly an apt comparison. People are wary about unlawful trespass on private property and there are numerous and typically obvious signals which people use to understand which private property is out of bounds for entering without explicit permission and which private property has implicit permission to do so. More so, a sign specifically detailing the rules necessary for entering would make this even more clear and there would be little or no reasonable defense against someone who went out of their way to break those rules. And it would be a crime to do so, either unlawful entering, breaking and entering, or trespass, depending on the specific circumstances. However, these are local misdemeanor crimes, not federal felonies. Though if someone walked through an obvious hole in a fence in order to intentionally bypass the security on, say, an army base that could be a felony.

The internet includes just as varied a spectrum of activities as does private property, so the implications and consequences of violating the ToS for a given site are, or should be, equally varied.

[analog]

For what it's worth in the UK that would still be trespass, a civil offence. If you had intent to burgle that would be a crime, but if you had no criminal intent it would stay a civil matter.

Edit: removed incorrect example - thanks seebee

[seabee]

Not since 6 months ago: http://www.justice.gov.uk/news/features/2012/squatting-new-c...

[analog]

Ah thanks, I wasn't aware of that. Squatting was a bad example then, but in general if you have no criminal intent it would still be a civil offence.

[ensignavenger]

So in the UK if someone trespasses on your property, you can't call the cops to have them removed, you have to file a lawsuit?

[analog]

Well, before the squatting laws were changed, effectively yes. You had to go to court, get a court order, then if they ignored that then bailiffs and possibly police.

Edit: squatting was I believe a special case as squatters gained rights as residents. If you are asked to leave and don't, I believe the police could then be asked to remove you.

[intended]

I think 2012 was the year that real world analogies for digital cases stopped being seen as useful for discussion of legal issues.

The Simple or complex circumvention of rules, which cannot themselves be considered valid expectations of usage, should be weak grounds for prosecution.