ABSTRACT
This Article argues that this indiscriminate treatment of all websites as blackacres violates the First Amendment. Applying cyber-trespass rules identically across the internet undermines core constitutional values by giving platforms unlimited discretion to prevent access to information that’s already within the public sphere. To avoid these unconstitutional applications of cyber- trespass law, courts should recognize two types of cyberspaces: Cyber-trespass law should have no force on websites that are accessible to the general public, but it should offer robust privacy protections on websites that aren’t.
