That doesn’t logically follow so no, that would not make an ad blocker unauthorized under the CFAA.
The CFAA also criminalizes “exceeding authorized access” in every place it criminalizes accessing without authorization. My position is that mere permission (in a colloquial sense, not necessarily technical IT permissions) isn’t enough to define authorization. Social expectations and even contractual restrictions shouldn’t be enough to define “authorization” in this criminal statute.
To purposefully circumvent that access would be considered unauthorized.
Even as a normal non-bot user who sees the cloudflare landing page because they’re on a VPN or happen to share an IP address with someone who was abusing the network? No, circumventing those gatekeeping functions is no different than circumventing a paywall on a newspaper website by deleting cookies or something. Or using a VPN or relay to get around rate limiting.
The idea of criminalizing scrapers or scripts would be a policy disaster.
The CFAA also criminalizes “exceeding authorized access” in every place it criminalizes accessing without authorization. My position is that mere permission (in a colloquial sense, not necessarily technical IT permissions) isn’t enough to define authorization. Social expectations and even contractual restrictions shouldn’t be enough to define “authorization” in this criminal statute.
Even as a normal non-bot user who sees the cloudflare landing page because they’re on a VPN or happen to share an IP address with someone who was abusing the network? No, circumventing those gatekeeping functions is no different than circumventing a paywall on a newspaper website by deleting cookies or something. Or using a VPN or relay to get around rate limiting.
The idea of criminalizing scrapers or scripts would be a policy disaster.