> We will not access or use Your Content except as necessary to maintain or provide the Service Offerings, or as necessary to comply with the law or a binding order of a governmental body.
The CFAA uses wording like "exceeds authorized access", which Amazon would absolutely be guilty of if they went into your database to spy on your product listings.
If they could go after Aaron Swartz for using authorized access in an unauthorized way, it seems likely it could be applied here.
"One reason we could charge the price we did for the service is that we were treating the data we had access to as an investment. Thus the data we accessed was done so to ensure the service could be maintained."
Would a judge accept that argument? From me? No. From the lawyers Amazon can afford? I wouldn't be comfortable betting either way.
A reminder that the legal system is designed to serve the wealthy, and few are wealthier than Amazon. It's not absolute, but the little guy isn't going to walk away with Bezo's fortune in damages.
> In practice, any ordinary computer has come under the jurisdiction of the law, including cellphones, due to the interstate nature of most Internet communication.
If I buy my spouse a phone, and secretly bug it, I'm still violating wiretap laws, even if it's technically mine.
If I'm renting an apartment, my landlord can't install a camera in the bathroom, even if they're the owner of the building.
Ownership doesn't change the fact that the law says "exceeds authorized access". Amazon agrees to only access the computer I'm renting from them in very specific scenarios. If they violate that, it looks like a pretty clear CFAA violation.
> We will not access or use Your Content except as necessary to maintain or provide the Service Offerings, or as necessary to comply with the law or a binding order of a governmental body.
The CFAA uses wording like "exceeds authorized access", which Amazon would absolutely be guilty of if they went into your database to spy on your product listings.
If they could go after Aaron Swartz for using authorized access in an unauthorized way, it seems likely it could be applied here.