The Computer Fraud and Abuse Act – Underused? Overused? Misused?

May 1, 2014
Media Law Resource Center Bulletin

Types : Bylined Articles

1. Introduction

More of everything moves online every day. Commerce, entertainment, communication, education and even government are part of this migration. Yet the legal standards that govern our online connections were in many cases designed and implemented long ago, and not all have aged well. As a consequence, courts are struggling to apply them under new and novel circumstances. The Computer Fraud and Abuse Act (18 USC § 1030) (“CFAA”) is the poster child for laws that are struggling to keep up as technology advances.

Adopted in the 1980’s, at least partly in response to a popular movie’s depiction of the potential risks from computer hackers making use of then-new technology that allowed remote access by modem (War Games, starring Matthew Broderick), the CFAA established both criminal penalties and civil remedies against those who abuse such access. The pertinent criminal law portions of the CFAA provide:

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