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1 Charles Johnson  Mon, Aug 19, 2013 5:00:05pm

Wow. Interesting. I’ll bet this ruling isn’t going to last, though.

2 RealityBasedSteve  Mon, Aug 19, 2013 5:57:36pm

I have to disagree with Charles (you can do that here without the ZOT), I have a hunch that it might hold up. My thought process is that since Craigslist is a private company, like a casino, they have the right to allow or disallow access as they see fit. If they say “You are not welcome here”, I don’t see it as being significantly different than a casino telling a card-counter (who is engaged in a perfectly legal activity) that his action isn’t welcome at that establishment any more. If the counter then tried to come back in disguise and is recognized he is subject to trespassing charges, despite the fact that the casino, like Craigslist, is a publicly accessible location. Changing your IP address is the network equivalent of putting on a wig and glasses.

Now I have to admit that my legal training consists of watching Matlock and Perry Mason episodes. Would love to hear IowaLawHawk submit an opinion on this one.

RBS
Deckard WAS a replicant

3 PeterWolf  Mon, Aug 19, 2013 6:00:08pm

re: #1 Charles Johnson

Wow. Interesting. I’ll bet this ruling isn’t going to last, though.

I’m not so sure. It appears to be sound within the language of the CFAA.

4 Randall Gross  Mon, Aug 19, 2013 6:25:51pm

I suspect that we will see many more rulings like this. Anonymity via public utility is not a right, and neither is universal access. Just as a public bar owner can bar anyone for good cause, so should internet sites be able to.

I see the future of the net shaking out in two tiers - there will be the wild west frontier zone still stuck in IPV4 mode where anonymity and spoofing is expected, and there will be an upper tier IPV6 zone where none are anonymous and all have credentials. It will be interesting to see the laws evolve to fit those modes.


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