Eric Goldman writes:
The plaintiffs want to create fake job profiles to research algorithmic discrimination. Fearing that their research activities would expose them to criminal CFAA prosecution, they challenged the CFAA as violating their First Amendment rights. Venkat blogged a preliminary ruling in the case 2 years ago. Now, the court dismisses the researchers’ suit as moot and sidesteps the First Amendment challenge. Nevertheless, the researchers still won this ruling, because the court says that TOS violations can’t support criminal CFAA prosecutions.
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