this post was submitted on 19 Aug 2025
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[–] GamingChairModel@lemmy.world 15 points 22 hours ago (9 children)

gaining unauthorized access to a computer system

And my point is that defining "unauthorized" to include visitors using unauthorized tools/methods to access a publicly visible resource would be a policy disaster.

If I put a banner on my site that says "by visiting my site you agree not to modify the scripts or ads displayed on the site," does that make my visit with an ad blocker "unauthorized" under the CFAA? I think the answer should obviously be "no," and that the way to define "authorization" is whether the website puts up some kind of login/authentication mechanism to block or allow specific users, not to put a simple request to the visiting public to please respect the rules of the site.

To me, a robots.txt is more like a friendly request to unauthenticated visitors than it is a technical implementation of some kind of authentication mechanism.

Scraping isn't hacking. I agree with the Third Circuit and the EFF: If the website owner makes a resource available to visitors without authentication, then accessing those resources isn't a crime, even if the website owner didn't intend for site visitors to use that specific method.

[–] Glitchvid@lemmy.world 12 points 22 hours ago* (last edited 22 hours ago) (6 children)

When sites put challenges like Anubis or other measures to authenticate that the viewer isn't a robot, and scrapers then employ measures to thwart that authentication (via spoofing or other means) I think that's a reasonable violation of the CFAA in spirit — especially since these mass scraping activities are getting attention for the damage they are causing to site operators (another factor in the CFAA, and one that would promote this to felony activity.)

The fact is these laws are already on the books, we may as well utilize them to shut down this objectively harmful activity AI scrapers are doing.

[–] ubergeek@lemmy.today 8 points 21 hours ago (1 children)

The fact is these laws are already on the books, we may as well utilize them to shut down this objectively harmful activity AI scrapers are doing.

Silly plebe! Those laws are there to target the working class, not to be used against corporations. See: Copyright.

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