Terms of Service Omission

Computer Fraud and Abuse Act (CFAA)

The Computer Fraude and Abuse Act is a 1986 law written before the public internet. It has been applied very broadly by government prosecutors to include terms of service violations as a criminal offense. While many courts have struck this down, we choose not to include terms of service so as to avoid risking your liability to criminal penalty.

Note, however, that third-party terms of service agreements may still apply.

Aaron's Law

Aaron's Law includes a provision that would clarify the meaning of the CFAA. This would make it clear that violating terms of service agreements does not constitute a criminal offense. The pending bill can be found here.

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