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So I can put a disclaimer in remote shell malware I distribute on the internet and get out of a CFAA violation? I don't think that's quite right. A lot of this software is very clearly malware, that it's shipped by the manufacturer and includes documentation doesn't change that IMO.

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Yes, a lot of software has remote access capability and it is legal when intended. The CFAA doesn’t care about how it works or why. It entirely hinges on whether the access was authorized. Your opinion about whether the software is good or bad is legally irrelevant.

Good to know, I guess I'll write an .ssh/id_rsa harvesting worm and chuck it in a pip package tonight with a license that includes a clause requiring surrender of any machine its installed on.

The intent and the totality of what you are doing matters. And worms, by definition, run on computers without authorization.

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