District Court Holds That Intentionally Circumventing IP Address Block Is “Unauthorized Access” Under the CFAA

Orin Kerr writes:

During the debate over the Aaron Swartz case, one of the legal issues was whether Swartz had committed an unauthorized access under the CFAA when he changed his IP address to circumvent IP address blocking imposed by system administrators trying to keep Swartz off the network. There was significantly more to the CFAA charges than that, to be clear, including circumventing a subsequent MAC address block and (most significantly) entering an MIT storage closet to install his computer directly. But changing IP addresses to get around IP address blocking was at least one of the possible grounds of unauthorized access. On Friday, Judge Breyer of the Northern District of California handed down the first decision directly addressing the issue. Judge Breyer ruled that changing IP addresses to get around a block is an unauthorized access in violation of the CFAA. The decision is here: Craigslist v. 3taps, Inc..

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