Would Aaron's Law have helped Aaron? Both Orin Kerr and Jennifer Granick have said that his actions in evading filtering and shutoffs on MIT's networks would have created a plausible argument for the prosecution that he had been evading specific code-based authorization mechanisms and would have known his access was unauthorized.

If you read Reason, you're immediately suspicious of laws with people's names on them; they're often more about PR than about well-thought-out policy changes.

Granick makes pretty good arguments that it's the sentencing structure of CFAA that creates the largest problems (a low evidentiary standard for establishing damages, not to mention the ridiculousness of criminal sentences that scale with the number of documents you download). But more importantly, prosecutorial misconduct is at the heart of this case. Surely we're going to do something about that, right?

Obviously, I don't think TOS violations should be felonies, for whatever that's worth. Lessig, on Reddit, says it's critically important.