In a novel — some would say wacky — interpretation of the federal Computer Fraud and Abuse Act, an appellate court panel ruled last Tuesday (July 12) that sites can legally ban people, with a subsequent visit to the site punishable by federal criminal law. Envision using this against a spammer, someone whose comments you don’t like (the panel said a site can ban anyone it wants for any reason) or a bargain-hunter that is cutting into your margins.

The case delves into the meaning of “authorized visitor,” which is tricky to do with a public website. If someone creates an ungated (no password required) site, isn’t anyone authorized to visit? Apparently, the panel believes that permission is now needed under federal law.

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