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> you know your browser has adblock, you know authorization to use their server is conditional on not using adblock, and you choose to access it anyway

Meanwhile the website publisher knows that authorization to run javascript may not include performing surveillance, yet includes circumvention code to perform surveillance anyway. So everybody is violating the law, which is why the CFAA is terrible legislation - it relies completely on selective persecution.

Pontificating about abstract "intent" is not actually useful in the digital realm. Protocols [0] are what ultimately mediate between parties with different desires. The CFAA is merely a relic that gets invoked when some powerful entity gets upset at the outcome of a protocol.

[0] to be clear, I'm talking about de facto protocols as executed, not de jure protocols as written into RFC.




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