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Perhaps it's too early and heels are still dug in, but what are the practical concerns for fixing these open ended extremely harsh laws? Clearly removing TOSs from the scope of "authorization" fixes something major, but it's certainly not the whole story and I personally don't think it would have prevented Aaron's predicament.

If part 4 of http://www.volokh.com/2013/01/16/the-criminal-charges-agains... has any truth to it, we really don't want legislation about the TOS authorization issue when we have good precedent for that, and the prospect of a Supreme Court case that solves the problem more cleanly than legislation would.

The suggested legislative fixes that Orrin Kerr recommends seem reasonable to me. I'd personally like to see more informed commentary on that issue.

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On rprasad, he made enough clearly wrong assertions about the law from personal authority that I had him on a list of people to assume by default they are wrong. However I still make a point of trying to listen to and engage people I disagree with. (Sometimes to my grief.) I'm not unhappy that he's gone, but if he chose, I think he could have made good contributions to HN.

I strongly suspect that he'd have much more nasty things to say about me than what I just said about him.



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