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brighter2morrow | 6 years ago

>In particular, the Court is doubtful that the Computer Fraud and Abuse Act may be invoked by LinkedIn to punish hiQ for accessing publicly available data; the broad interpretation of the CFAA advocated by LinkedIn, if adopted, could profoundly impact open access to the Internet, a result that Congress could not have intended when it enacted the CFAA over three decades ago.

I didn't realize original intent could be used in courts. How the heck did "original intent" lead to federal abortion and federal gay marriage when all law in letter and in practice had delegated these questions to the states?

discuss

order

javagram|6 years ago

Courts have a variety of legal theories available. They can pick and choose from textualism, original meaning, original intent, evolving meanings/living constitution, stare decisis, or common law jurisprudence (i.e. law made up by judges) to get the result they want or believe should be the law.