> normal people can avoid needing to care about the distinction by endeavoring to not kill anyone to begin with
It's the same thing here, a normal person will never run afoul of this law. It is entirely industry professionals who will be affected and they have legal departments who will figure out where the line is to the millimeter. Sure translating to legalese is hard and I expect this kind of legislation will be mostly common law after a bunch of lawsuits but the giveaway that it will be fine is that assigning "bot/not bot" to a given situation is something we all agree on in the industry. There isn't really that much borderline here. You can't accidentally build a web scraper operating off a residential proxy network
and it's pretty obvious when you decide to disguise your traffic because you don't have the consent of site you're scraping.
Even the horribly contrived borderline examples boil down to "but I should have the right to actively deceive and circumvent security measures designed specifically to keep me out" which is a pretty tough sell.
It's the same thing here, a normal person will never run afoul of this law. It is entirely industry professionals who will be affected and they have legal departments who will figure out where the line is to the millimeter. Sure translating to legalese is hard and I expect this kind of legislation will be mostly common law after a bunch of lawsuits but the giveaway that it will be fine is that assigning "bot/not bot" to a given situation is something we all agree on in the industry. There isn't really that much borderline here. You can't accidentally build a web scraper operating off a residential proxy network and it's pretty obvious when you decide to disguise your traffic because you don't have the consent of site you're scraping.
Even the horribly contrived borderline examples boil down to "but I should have the right to actively deceive and circumvent security measures designed specifically to keep me out" which is a pretty tough sell.