without authorization
First Tech Policy Survey — A Public Draft
Tech Policy Survey
1511

The problematic language in CFAA isn’t “without authorization” but rather “exceeds authorized access.” 18 U.S.C. § 1030(a)(2). If you lawfully sign up for a social network account, but use the service in a manner proscribed by the service’s terms, you aren’t accessing a “protected computer” “without authorization” — you are “exceed[ing] authorized access” to the computer.

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