According to the court, making the mere breach of a terms of service agreement a crime under the CFAA violates the constitutional right to due process because every breach of a terms of service agreement "does qualify [as a criminal offense under the CFAA], then there is absolutely no limitation or criteria as to which of the breaches should merit criminal prosecution. All manner of situations will be covered from the more serious (e.g. posting child pornography) to the more trivial (e.g. posting a picture of friends without their permission). All can be prosecuted. Given the 'standardless sweep' that results, federal law enforcement entities would be improperly free 'to pursue their personal predilections.'” Slip Op. at 31-32 (footnote and citation omitted).
The court pointed out too some specific examples of how far law enforcement officials could reach if the court were to reach a contrary conclusion:
It would be odd if one could be a criminal for lying on a dating site while the dating service itself might not even be in breach of contract if it lied.