News & Analysis as of

Criminal Liability Computer Fraud and Abuse Act (CFAA)

Womble Bond Dickinson

SCOTUS Ruling Narrows Computer Fraud Law

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Highlights - The ruling limits types of conduct that can be charged under the Computer Fraud and Abuse Act (CFAA). - The ruling provides much-needed guidance for federal prosecutors but makes it more difficult to...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

U.S. Supreme Court Limits Reach of Computer Fraud and Abuse Act

Enacted in 1986, the Computer Fraud and Abuse Act (CFAA) provides businesses with a private right of action against an individual who “exceeds authorized access” of their computers. Violators are subject to criminal liability...more

Akin Gump Strauss Hauer & Feld LLP

Landmark Supreme Court Decision on Federal Anti-Hacking Law

Key Points - The Supreme Court held that a former police officer did not violate the CFAA by “exceeding” his authorized access to a law enforcement database when he used the database to sell information because he was...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Outlines Bounds of the Computer Fraud and Abuse Act

In Van Buren v. United States, the Supreme Court’s first opportunity to mark the limits of the Computer Fraud and Abuse Act (CFAA), the Supreme Court significantly curtailed the act’s scope. In a decision on June 3, 2021,...more

Hinshaw & Culbertson - Employment Law...

Employers Should No Longer Rely on Their Policies Alone to Support a Computer Fraud and Abuse Act Claim Against Current or Former...

On June 3, 2021, the U.S. Supreme Court issued its opinion in Van Buren v. U.S. addressing a long-standing circuit split on employee computer access limits under the Computer Fraud and Abuse Act (CFAA). For many years the...more

Proskauer - New Media & Technology

Supreme Court Ends Long-Running Circuit Split over CFAA “Exceeds Authorized Access” Issue, Adopting a Narrow Interpretation That...

In a closely-watched appeal, the Supreme Court, in a 6-3 decision, reversed an Eleventh Circuit decision and adopted a narrow interpretation of “exceeds unauthorized access” under the Computer Fraud and Abuse Act (CFAA),...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Supreme Court Rules CFAA Does Not Criminalize Every Violation of a Computer-Use Policy

In Van Buren v. United States, the Supreme Court resolved a circuit split as to whether a provision of the Computer Fraud and Abuse Act (CFAA) applies only to those who obtain information to which their computer access does...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Prohibits Use of Federal “Anti-Hacking” Law Against Those Who Use Otherwise Authorized Access for Improper Purpose

In Van Buren v. United States, the Supreme Court faced the difficult task of determining whether the opaquely-written Computer Fraud and Abuse Act (“CFAA”) would apply to situations in which a person who was authorized to...more

McDonnell Boehnen Hulbert & Berghoff LLP

Van Buren v. United States (2021)

Supreme Court Narrows Federal "Anti-Hacking" Law to Exclude Enforcement Against Those Who Use Otherwise Authorized Access for Improper Purpose - There is a well-worn legal maxim that "hard cases make bad law."  In deciding...more

Dorsey & Whitney LLP

The Supreme Court - June 3, 2021

Dorsey & Whitney LLP on

Van Buren v. United States, No. 19-783: Petitioner Nathan Van Buren, when he was a police sergeant, had access to search the state law enforcement computer data base, and was authorized by his department’s policy to do so...more

Proskauer - New Media & Technology

Supreme Court Hears Oral Argument in Its First CFAA Case

On November 30, 2020, the Supreme Court held oral argument in its first case interpreting the “unauthorized access” provision of the Computer Fraud and Abuse Act (CFAA). The CFAA in part prohibits knowingly accessing a...more

Fisher Phillips

Will Supreme Court Enforce Law And Order In The Digital Workplace?

Fisher Phillips on

Now entering its ninth month in the United States with no sign of slowing down, the COVID-19 pandemic has forced many employers to make permanent changes to business operations in order to survive. Among the most noticeable...more

Vinson & Elkins LLP

Docket Check: An Overview Of Key Criminal Cases The U.S. Supreme Court Will Hear This Term

Vinson & Elkins LLP on

The U.S. Supreme Court’s new term begins with arguments on October 5, 2020, with the Court set to hear many important criminal law cases. Amidst the current national conversation about policing, the Justices will consider the...more

Proskauer - Law and the Workplace

Creation of Fake Online Accounts to Study Algorithmic Bias Does Not Violate the Computer Fraud and Abuse Act, D.C. Court Rules

A federal judge recently held that researchers who violate a website’s terms of service by creating fake online accounts in order to study algorithmic bias in artificial intelligence software do not violate the Computer Fraud...more

Seyfarth Shaw LLP

D.C. Federal Court Finds That Using “Fake” Job Profiles And Postings To Ferret Out Discrimination Is Not Criminal

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a first-of-its-kind ruling in Sandvig v. Barr, No. 16-1368, 2020 WL 1494065 (D.D.C. Mar. 27, 2020), the U.S. District Court for the District of Columbia held that private citizens investigating whether...more

Patterson Belknap Webb & Tyler LLP

The Supreme Court Punts on Clarifying the Computer Fraud and Abuse Act

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

Brooks Pierce

Ninth Circuit Interprets “Without Authorization” under the Computer Fraud and Abuse Act

Brooks Pierce on

When we last left David Nosal, he had escaped liability under the Computer Fraud and Abuse Act after convincing some of his former colleagues at executive search firm Korn/Ferry to use their log-in credentials to download...more

Brooks Pierce

Taking a Walk Back to a Kinder, Gentler Interpretation of the Computer Fraud and Abuse Act

Brooks Pierce on

We don’t usually talk about four-year-old court decisions in the first instance here. But the Ninth Circuit has issued a pair of noteworthy opinions interpreting the Computer Fraud and Abuse Act in the last few weeks. And...more

Ballard Spahr LLP

Ninth Circuit Vastly Expands Scope of Criminal, Civil Liability for Computer Fraud

Ballard Spahr LLP on

In a pair of highly anticipated decisions, the Ninth Circuit significantly reshaped criminal and civil liability under the federal Computer Fraud and Abuse Act (CFAA). The court’s recent decisions in United States v. Nosal...more

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