Boston subway restraining order quashed.

James S. Tyre jstyre at
Tue Aug 19 15:43:22 EDT 2008

At 03:33 PM 8/19/2008 -0400, Perry E. Metzger wrote:


MBTA's claim was based on CFAA, the Computer Fraud and Abuse 
Act.  Properly, the judge decided (in effect) that CFAA only applies 
to messing with computers (a legal term of fanciful art), not to 
speaking about software that might mess with computers.

The more interesting question, which has not been addressed, is 
whether the CFAA definition of "computer" is so broad that it would 
include the CharlieCard and/or CharlieTicket.  The Complaint alleges 
specifically that both are computers.

James S. Tyre                                      jstyre at
Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
Co-founder, The Censorware Project   
Policy Fellow, Electronic Frontier Foundation

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