united-states hacking cfaa
How do laws against computer intrusion handle the modern situation of devices routinely being under the de facto control of non-owners?
<p>Current versions of Microsoft Windows will automatically update themselves.</p>
<p>That's usually great, but they also are designed to update themselves even if the owner of the device wants them to not do that. I could send them a certified letter revoking their authorization to install and run new software on my computer, and turn off all available update settings, and if I don't go turn the computer off it will still get updated when a new update comes out.</p>
<p>Why, legally, can Microsoft (or any other device manufacturer or application developer) control my computer in excess of what I have authorized, but when I do it to their computer, that is &quot;hacking&quot; and I go to &quot;jail&quot;?</p>
<p><a href="https://law.stackexchange.com/questions/9724/">Is Microsoft breaking any laws by forcing upgrades to windows 10?</a> asks about Microsoft's Windows 10 rollout specifically, but I am more broadly asking about the standard Windows updates, and about updates or other remote control functions for other devices that do not have a technical mechanism allowing the owner to disable them.</p>

<p>You ask:</p>
<blockquote>
<p>Why, legally, can Microsoft (or any other device manufacturer or application developer) control my computer in excess of what I have authorized... ?</p>
</blockquote>
<p>It cannot.</p>
<p>The <a href="https://www.microsoft.com/en-us/Useterms/Retail/Windows/10/UseTerms_Retail_Windows_10_English.htm" rel="noreferrer">Windows licence</a> says:</p>
<blockquote>
<p>By accepting this agreement <strong>or using</strong> the software, you agree to all of these terms</p>
</blockquote>
<p>Even if your letter revoking authorization were effective, as soon as you <em>use</em> the Windows software again, you are again deemed to have agreed to all of the terms of the licence.</p>
<p>One of the terms is:</p>
<blockquote>
<p>The software periodically checks for system and app updates, and downloads and installs them for you. You may obtain updates only from Microsoft or authorized sources, and Microsoft may need to update your system to provide you with those updates. <strong>By accepting this agreement, you agree to receive these types of automatic updates without any additional notice.</strong></p>
</blockquote>

<p>You own the computer but do not own Windows. Microsoft owns Windows and it is not for sale to anybody, so you never purchased it. What you have purchased is a permission to use it (a license) subject to terms and conditions. If you do not agree to them you have no right use Windows.</p>
<p>You can use your computer <em>without</em> using Windows by using some other operating system, but in that case you would have to</p>
<ol>
<li>get a different operating system that works with your hardware and</li>
<li>abide by the terms of use of those that wrote it.</li>
</ol>
<p>Specific software that you want to use might only have been developed for Windows, meaning you'd have to find an alternative to those as well.</p>
<p><strong>Aside 1:</strong> While there are concrete alternative options for actual computers (notably Linux, whose authors chose not to ask to abide by any terms and conditions for its use) the same is not true for other devices such as cellphones or smart TVs where there often is no choice other than the operating system/firmware that was preinstalled.</p>
<p><strong>Aside 2:</strong> A few years ago you could even get a refund on the cost of the Windows license if you clicked on &quot;disagree&quot; when you first powered up the computer. I don't know if that is feasible anymore but now it is easier to get a computer that does not have Windows installed by the manufacturer in the first place.</p>
