[tor-bugs] #9287 [EFF-HTTPS Everywhere]: Could a site "Terms of Use" restrict creating HTTPS-E rulesets?

Tor Bug Tracker & Wiki blackhole at torproject.org
Thu Jul 18 05:13:26 UTC 2013

#9287: Could a site "Terms of Use" restrict creating HTTPS-E rulesets?
 Reporter:  cypherpunks           |          Owner:  pde
     Type:  project               |         Status:  new
 Priority:  normal                |      Milestone:     
Component:  EFF-HTTPS Everywhere  |        Version:     
 Keywords:                        |         Parent:     
   Points:                        |   Actualpoints:     
 EFF has already covered the issue of Web site "Terms of Use" which may not
 always be obvious to site users (see https://www.eff.org/deeplinks/2009/11
 /white-paper-clicks-bind-ways-users-agree-online-te for example.) In the
 case of HTTPS Everywhere, an issue to consider is whether accessing a site
 for the purpose of creating a ruleset or testing a ruleset or assessing
 whether a ruleset would be useful could violate the "Terms of Use" for a
 site or whether it is not likely to be an issue. In particular, site
 "Terms of Use" may contain provisions like the following:

 "[site] allows you to view or download a single copy of the material on
 the website solely for your personal, noncommercial use."

 "Except for content you have posted on the Services, or unless expressly
 permitted, you may not copy, reproduce, distribute, publish, enter into a
 database, display, perform, modify, create derivative works, transmit, or
 in any way exploit any part of the Services, except that you may download,
 for your own personal use, one machine readable copy and/or one print copy
 that is limited to occasional articles of personal interest only. Without
 limiting the generality of the foregoing, you may not distribute any part
 of the Services over any network, including a local area network, nor sell
 or offer it for sale. In addition, you may not use the Services or any
 content on the Services to construct any kind of database."

Ticket URL: <https://trac.torproject.org/projects/tor/ticket/9287>
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