Looking for unique web ad techniques.

Under what circumstances would the developer of a web ad blocker be most likely to be convicted for violating the Computer Fraud and Abuse Act?

• Imagine that you're a prosecutor looking to make an example of an individual or company that develops an ad blocker. Would you look for Developers who include or recommend blocklists targeting specific ad server domains? Developers who specifically promote an ad blocker as a way to violate a web site's terms of service? Ad blockers that affect third-party ads on a site where a user must click to accept the terms of service?

• Answer:

  While an end-user might be violating the terms of service, it seems unlikely that you could successfully target a mere developer of the ad-blocker. Think about it this way: the ToS prohibit doing [x].  A Developer builds a tool that does [x].  An End User uses that tool to do [x] on the website.  The End User has violated the ToS, but the Developer has no relationship whatsoever with the ToS or the website, because the Developer hasn't used the website. The only argument would be that the Developer needed to view the site beforehand to build the tool.  However, I cannot imagine how the ToS could address this, because how would that language look?  "You shall not use the content of this site as part of the development of a tool to re-interpret this website"?  I cannot imagine such a clause being enforceable in general, but proving it would be even harder.  It's simply too overbroad. That said, I'm generalizing a bit.  There's always the possibility of trying.This answer is not a substitute for professional legal advice....