Ask HN: Is Ad-hijacking or Ad-injecting legal? Or just frowned upon?

6 points by dekz 16y ago ↗ HN

I see a lot of hotspots around these days offering free or paid for usage. Is it legal to hijack ads on websites and replace them? I've looked around and have only found this article (http://www.networkworld.com/news/2008/041608-isps-meddled-with-their-customers.html) which doesn't mention any legal action. Does HN have any other information to support that it is legal/illegal for hotspots that offer internet access to hijack or inject ads?

2 comments

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patio11 16y ago ↗

You're almost certain to fall under a broadly written computer crime statute if the D.A. has a mind to charge you.

For example, in my home state of Illinois:

A person commits the offense of computer tampering when he knowingly and without the authorization of a computer's owner, as defined in Section 15‑2 of this Code, or in excess of the authority granted to him: ... alters ... data;

The ellipses are fair -- it really is that broad. Bonus points: it is insta-federal because of the effect on interstate commerce, again if someone has a mind to make an example of you.

pbhjpbhj 16y ago ↗

In most cases I'd guess that it's unauthorised modification of a copyright work. The presentation of a blog for example is formed by design with the adverts - they constitute a part of the work as a whole, removal of the adverts without license would be copyright infringement as it's formation of a "derivative work".

Compare a newsagent (ISP) selling a magazine (website). If the newsagent censors any adverts for a competitor in that magazine by pasting over their own advert before selling it on then they've modified the magazine ; without a license this is copyright infringement.