A few weeks ago, everyone agreed that the CFAA civil liability provisions were way overbroad, and the Senate judiciary committee proposed amending the CFAA to abolish CFAA liability for violating a website or webservice’s terms of service. That was the right decision; the unamended law essentially enforced commercial terms of service with criminal penalties. But it’s a great temptation for companies to use criminal law to enforce their commercial terms, and it looks as though Facebook and the two senators have suddenly decided that they like a law that permits private lawmaking and public enforcement – at least sometimes.