This Essay argues that authorization to access a computer is contingent on trespass norms—shared understandings of what kind of access invades another person’s private space. Judges are unsure of how to apply computer trespass laws because the Internet is young and its trespass norms are unsettled. In the interim period before norms emerge, courts should identify the best rules to apply as a matter of policy. Judicial decisions in the near term can help shape norms in the long term. The remainder of the Essay articulates an appropriate set of rules using the principle of authentication. Access is unauthorized when the computer owner requires authentication to access the computer and the access is not by the authenticated user or his agent. This principle can resolve the meaning of authorization before computer trespass norms settle and can influence the norms that eventually emerge.
Web And Internet Policy
This essay from the Hoover Institute is worth a read for anyone discussing either online speech in general or the embarrassingly wrong pieces on Sec. 230 which have appeared in both Vox and the Washington Post in the last few days. Click here to read the full version in as accessible a format as possible without having to download the document yourself and tag it.