In a significant development in anti-hacking criminal enforcement, the Department of Justice last week released new guidance for charging violations of the Computer Fraud and Abuse Act (“CFAA”), the nation’s premier computer...more
The United States Supreme Court heard oral argument on Monday in Van Buren v. United States, No. 19-783, a landmark case involving a key provision of the Computer Fraud and Abuse Act (“CFAA”). At issue was whether a person...more
We have previously written about the thorny questions surrounding the Computer Fraud and Abuse Act (“CFAA”), including how its ambiguous language concerning what computer use is “authorized” has divided the Circuits and how...more
On August 28, 2019, almost a month after Paige A. Thompson was arrested based on allegations that she hacked into servers rented by Capital One Financial Corporation, a criminal indictment was returned charging her with one...more
The federal Computer Fraud and Abuse Act of 1986 (“CFAA”) has generated controversy and disagreement among courts and commentators regarding the scope of its application. The statute, 18 U.S.C. § 1030, which provides for...more
This week, the United States Supreme Court upheld a conviction under the Computer Fraud and Abuse Act despite the Court’s acknowledgement that the jury had been wrongfully instructed on the elements of the crime charged. ...more