Judge Allows Trial of CFAA Claim Against Wiseguys
The Court notes and must take seriously the argument advanced by the defendants, as well as those made by Amici, regarding whether the unauthorized access alleged here amounts to contract-based violations of Ticketmaster's terms of service that are actionable under civil laws.
Because it found the facts to be complicated and in dispute, the Court held that the issues raised by EFF could be best evaluated after trial, which will allow for a more complete presentation of the government's arguments and proof. The court was especially interested in the government's belated claim that liability could be based on proof of circumvention of what the court called "code-based restrictions." EFF did not directly address the "code-based restrictions" issue in its amicus because it was not the focus of the indictment.