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by suprgeek
3999 days ago
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While there maybe subtleties in "public access by humans" over "automated scraping" - these belong in the "business dispute" side of the fence. Using the CFAA is by definition - playing hardball - it includes Criminal Penalties in some cases. What really amuses me is that in the Tweet highlighted, Craig is indeed implying that it is his money going to the EFF - who Opposed him in the legal case that lead to the money. So he should be called out for egregious bullying - using the threat of Criminal Sanction to get his way. If an HN-friendly business (whatever that is) pulled the same move it would also be equally worthy of opprobrium. |
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The CFAA isn't the only set of laws that has both a criminal statute and a civil cause of action. Newmark didn't --- can't, in fact --- threaten anyone criminally. Craigslist's recourse to a statute that included a criminal component added no rigidity to the ball they were playing with, whatsoever. Since they were suing to enforce their own terms of service, the CFAA was the correct statute to cite.
Other people on this thread have also suggested that recourse to the CFAA was somehow a nuclear option for Craigslist. It was not. People think this because Techdirt is misleading them, in order to whip up rageviews. You should be irritated at them for doing that (it's pretty much their whole M.O.).