Last week’s Ninth Circuit case of Facebook v. Vachani is making many observers uneasy. Orin Kerr writes:
For those of us worried about broad readings of the Computer Fraud and Abuse Act, the decision is quite troubling. Its reasoning appears to be very broad. If I’m reading it correctly, it says that if you tell people not to visit your website, and they do it anyway knowing you disapprove, they’re committing a federal crime of accessing your computer without authorization. … This was a civil dispute, but the CFAA is also criminal statute.
It’s possible that the Circuit might clarify the ruling should it grant en banc review.