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Question:
Is it legal to surf through open proxies?

Answer:
As far as we can tell, the answer is yes. The primary argument against open proxies is that their owners may not have intended for them to be used by the public. However, by running a service on a machine accessible to the public, without restricting access to that service, the machine's administrator is implicitly consenting for that service to be used by the public. A proxy server is just like a web server, an FTP server, or any other net service: if it's running and accepting connections, it's fair game. The internet is a public network.
With regard to US law in particular, 18 USC 1030 (which covers computer-related fraud and theft) applies only when the user has knowingly accessed a computer without authorization or has knowingly exceeded his authorized access on that computer. Because an open HTTP proxy, by default, allows connections and use of the service by anyone in the world, the proxy's administrator has essentially "authorized" everyone to use the service. There's no intentional bypassing of security taking place. Just as you don't need Google's express written permission to connect to google.com, you don't need a proxy admin's express written permission to use his open proxy server.

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