Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

I don't believe the client counts as a protected computer because they initiated the connection. Also a protected computer is a very specific definition that involves banking and/or commerce and/or the government.


Part B of the definition of "protected computer" says:

> which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States

Assuming the server is running in the states, I think that would apply unless the client is in the same state as the server, in which case there is probably similar state law that comes into affect. I don't see anything there that excludes a client, and that makes sense, because otherwise it wouldn't prohibit having a site that tricks people into downloading malware.


The word "accessed" is used multiple times throughout the law. A client accesses a server. A server does not access a client. It responds to a client.

Also, the protected computer has to be involved in commerce. Unless they are accessing the website with the zip bomb using a computer that also is uses for interstate or foreign commerce, it won't qualify.


> Also, the protected computer has to be involved in commerce.

In the US, virtually everything is involved in 'interstate commerce'. See https://en.wikipedia.org/wiki/Commerce_Clause

> The Commerce Clause is the source of federal drug prohibition laws under the Controlled Substances Act. In a 2005 medical marijuana case, Gonzales v. Raich, the U.S. Supreme Court rejected the argument that the ban on growing medical marijuana for personal use exceeded the powers of Congress under the Commerce Clause. Even if no goods were sold or transported across state lines, the Court found that there could be an indirect effect on interstate commerce and relied heavily on a New Deal case, Wickard v. Filburn, which held that the government may regulate personal cultivation and consumption of crops because the aggregate effect of individual consumption could have an indirect effect on interstate commerce.


> The word "accessed" is used multiple times throughout the law.

So what? It isn't in the section I quoted above. I could be wrong, but my reading is that transmitting information that can cause damage with the intent of causing damage is a violation, regardless of if you "access" another system.

> Also, the protected computer has to be involved in commerce

Or communication.

Now, from an ethics standpoint, I don't think there is anything wrong with returning a zipbomb to malicious bots. But I'm not confident enough that doing so is legal that I would risk doing so.


> So what? It isn't in the section I quoted above.

You can't read laws in sections like that. They sections go together. The entire law is about causing damage through malicious access. But servers don't access clients.

The section you quoted isn't relevant because the entire law is about clients accessing servers, not servers responding to clients.


Every reference to access I see in that law is in a separate item in the list of violations in section 1. Where do you see something that would imply that section 5a only applies to clients accessing servers?


A protected computer is "a computer which is protected by this law", which is most American computers, not a special class of American computers. The only reason it's not all American computers is that the US federal government doesn't have full jurisdiction over the US. They wrote the definition of "protected computer" to include all the computers they have jurisdiction over.

In particular, the interstate commerce clause is very over-reaching. It's been ruled that someone who grew their own crops to feed to their own farm animals sold locally was conducting interstate commerce because they didn't have to buy them from another state.




Consider applying for YC's Winter 2026 batch! Applications are open till Nov 10

Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: