What harm does public data have to you? Couldn’t one just ignore the ads? You can’t see anyone watching you, is public data good for public records? (I’m just curious). I know this sounds weird but is public data good for historical preservation and knowledge increasing the importance of the individual? And does public data lead to better products?
As written, the CFAA really does make violating terms of service become unauthorized access and thus a felony. Some courts have pushed back on this, but I don’t think it has been clearly decided.
There’s now precedent that no one reads Terms of Service anyway but yeah, it’s still a toss up whether or not you get a hanging judge.
Part of the problem is CFAA violation felony charges for mild violations is the means by which our federal government punishes many whistleblowers who alert the public of embarrassing activities by our officials. And rather than part with this means to
drive Aaron Swartz to suicideprosecute enemies of the state they just use the laws sparingly. The US has a lot of laws which are disregarded except when VIPs want to hurt someone or assure nonwhites stay in their place.