It's their site they can block whatever they want. The problem is the stupid far reaching conclusion that this is trespassing.
Even normal trespassing laws are way too overreaching (see how it is handled in the UK for a saner example) but now you have the amazing possibility of remote trespassing.
The fun part is that it's just a matter of someone hiding something that says you cannot access the site in a place that you have to access the site in order to read -- the ToS. Suing people over this is idiotic.
The real problem is the involvement of Govt, and this kind of absurdity regarding ToS, EULAs and so on, is something that has been going on for decades. If you have the money you can make Govt your personal watch dogs.
Even normal trespassing laws are way too overreaching (see how it is handled in the UK for a saner example) but now you have the amazing possibility of remote trespassing.
The fun part is that it's just a matter of someone hiding something that says you cannot access the site in a place that you have to access the site in order to read -- the ToS. Suing people over this is idiotic.
The real problem is the involvement of Govt, and this kind of absurdity regarding ToS, EULAs and so on, is something that has been going on for decades. If you have the money you can make Govt your personal watch dogs.