The Wiseguy case recalls similar issues that arose in the 2008 prosecution of Lori Drew, a woman who was charged with violating the Computer Fraud and Abuse Act for participating in the creation of a MySpace account used to bully a 13-year-old girl who committed suicide. Figuring out how CAPTCHAs work so you can solve them more quickly if you are otherwise authorized to use the server is not a CFAA violation." To the extent that it’s any kind of a guard, it’s one that only works a certain percentage of the time. "Technologically and legally CAPTCHAs can be thought of as nothing more than a speed bump as opposed to a barrier," she said. When the bots filled out purchase pages with customer credit card information, they used fake e-mail addresses and mimicked human behavior by occasionally making typing mistakes in the online forms. The scripts could defeat both visual CAPTCHAs and the audio alternatives offered to visually impaired customers.
Their bots monitored ticket websites and sprang into action the minute tickets went on sale, opening thousands of internet connections simultaneously from a changing lineup of rented servers and as many as 100,000 different IP addresses.
They also block IP addresses showing suspicious purchasing activity.īut according to the indictment, unsealed in March, the Wiseguy defendants devised sophisticated ways to bypass CAPTCHA challenges and defeat ticket queues, landing them coveted spots at the front of purchasing lines. To prevent bots from purchasing tickets in bulk, online ticket vendors use CAPTCHA challenges and Proof of Work software designed to detect and slow down computers that are attempting to purchase large numbers of tickets. In such cases, users would not be given adequate notice of what constitutes criminal conduct. The groups note that website operators can arbitrarily change their terms of service, and users often fail to read them.
Hayden to throw out the charges, on the grounds that they go beyond Congress's intent in passing the CFAA and would allow website operators to determine what constitutes criminal conduct merely through their terms of service.
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