Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

Using a VPN could become a criminal offence under new CFAA interpretation

news.ycombinator.com

Post reply on HN
Print view View original

1–10 of 98 posts

Using a VPN could become a criminal offence under new CFAA interpretation

#1

Post by janmo »

I am surprised this is not discussed at all on Hackernews, but in the ongoing "hiQ Labs, Inc. v. LinkedIn" case, Linkedin is arguing that "intentionally and knowingly bypassing an IP block" is an exceed authorized access and qualify as a criminal offence. That's because in their opinion they are allowed to put the "gate down" for some users on an otherwise publicly accessible website.

If the court follows this argument using a VPN to get access to content that is otherwise blocked in your country through an IP Block for example could become a criminal offence as well.

Hearing link: https://www.youtube.com/watch?v=tUkoHeiPGQw

Re: Using a VPN could become a criminal offence under new CFAA interpretation

#6

Post by sandworm101 »

>> VPN to get access to content that is otherwise blocked in your country through an IP Block for example could become a criminal offence as well.

Yes. Accessing material that has been deemed illegal enough to be the subject of a country-wide block is generally going to be a criminal offense. We might all hate censorship, but the people who write the censorship laws are the same as the ones writing the criminal laws. If you are using technology to bypass blocks imposed by your local government, you are probably some sort of criminal in the eyes of that government.

This is why I don't like people who casually advise people facing a block to "just use a VPN". Doing so might put them in danger.

Re: Using a VPN could become a criminal offence under new CFAA interpretation

#7

Post by PeterisP »

It's not being talked about because there's no evidence of "new CFAA interpretation" until the court says something like that. It's very common for parties to try and argue all kinds of extreme interpretations of law that might favor their case, with the expectation that it most likely will be refused but hey, it's worth to try; but they are not newsworthy until/unless the court actually considers the argument as valid.

Re: Using a VPN could become a criminal offence under new CFAA interpretation

#8

Post by bellyfullofbac »

The tone of your question is odd, "I'm surprised..." is usually followed by a mention of "MSM" and a hint of "They're censoring discussions!".

But well, for the people too lazy to google: https://h2o.law.harvard.edu/text_blocks/30226 . The only mention of IP I could find was:

> The Ninth Circuit found a CFAA violation where “after receiving written notification from Facebook” Power Ventures “circumvented IP barriers” and continued to access Facebook servers. Id. at 1068. In short, Power Ventures accessed Facebook computers “without authorization.”

IANAL but I would only worry about a criminal offence after getting a written warning...

Re: Using a VPN could become a criminal offence under new CFAA interpretation

#9

Post by dfstorm »

Well… first it’s not a « public » website; like Facebook and Google, you connect to a privately owned server and, while the « path » is public, the server you contact isn’t. So they are well within their right to block anyone.

But trying to make illegal a way to bypass their security is a really dangerous way and if they win, then many, many, privacy tech would have a problem.

Hope the judge know how to use a computer and understand the implications…

Re: Using a VPN could become a criminal offence under new CFAA interpretation

#10

Post by lifeslikethis »

sandworm101 wrote: post #6

>> VPN to get access to content that is otherwise blocked in your country through an IP Block for example could become a criminal offence as well. Yes. Accessing material that has been deemed illegal enough to be the subject of a country-wide block is generally going to be a criminal offense. We might all hate censorship, but the people who write the censorship laws are the same as the ones writing the criminal laws.…

It's always good to do research about VPNs before using/buying them, especially if you're not in the US.
Post reply on HN