Facebook Use On Company Computers: Not A Federal Crime
The implications for such a ruling could have long-reaching effects, including the instances in which employees innocently distract themselves by reading the news online while at work. In his opinion, Judge Kozinski wrote of the danger of using CFAA in such a pernicious way, using examples of how the ruling would affect some online services:
For example, it’s not widely known that, up until very recently, Google forbade minors from using its services. Adopting the government’s interpretation would turn vast numbers of teens and pre-teens into juvenile delinquents – and their parents and teachers in to delinquency contributors. Similarly, Facebook makes it a violation of the terms of service to let anyone log into your account. Yet it’s very common for people to let close friends and relatives check their email or access their online accounts. Some may be aware that, if discovered, they may suffer a rebuke from the ISP or a loss of access, but few imagine they might be marched off to federal prison for doing so.