Criminal and Civil Impact on the Computer Fraud and Abuse Act post-Van Buren - Overview - In June 2021, the United State Supreme Court released Van Buren v. United States, 593 U.S. __ (2021), a case out of the...more
The Supreme Court’s recent decision in Van Buren v. United States, 141 S.Ct. 1648 (2021), resolves a longstanding circuit split over the scope of the Computer Fraud and Abuse Act of 1986, and appears to have significantly...more
Resolving a split in lower courts, the U.S. Supreme Court issued a ruling in June limiting the type of conduct that can be prosecuted under the federal Computer Fraud and Abuse Act of 1986 (CFAA), a statute often used by...more
On June 3, 2021, the U.S. Supreme Court resolved a long-standing question about how the Computer Fraud and Abuse Act (“CFAA”) applies to employees who access their employers’ computer systems for their personal benefit....more
On June 3, the United States Supreme Court issued a 6-3 opinion resolving a circuit split over the meaning of “exceeds authorized access” under the federal Computer Fraud and Abuse Act (“CFAA”). The Court’s decision limits...more
The Supreme Court’s recent decision in Van Buren addressed the meaning of the term “exceeds authorized access” under the Computer Fraud and Abuse Act (CFAA). The Court held, in a criminal case that alleged that the person...more
Resolving a circuit split in the interpretation of the federal Computer Fraud and Abuse Act of 1986 (CFAA) - an anti-hacking statute - the Supreme Court recently held that the CFAA does not impose liability on individuals who...more
In Van Buren v. United States, No. 19-783 (U.S. June 3, 2021), the United States Supreme Court issued an opinion drastically limiting the application of the Computer Fraud and Abuse Act (CFAA) (18 U.S.C. § 1030 et seq.),...more
In a notable decision on June 3, 2021, the Supreme Court resolved a circuit split about the reach of the Computer Fraud and Abuse Act of 1986 (“CFAA”), a statute that allows for potential civil and criminal penalties against...more
The Computer Fraud and Abuse Act (“CFAA”) was designed to stop hacking and other forms of cybercrime. For many years, multiple courts of appeals and the DOJ have taken one provision of the CFAA to mean that individuals can be...more
In November 2020, the Supreme Court of the United States (SCOTUS) heard oral arguments from the United States and an individual police sergeant. The US Court of Appeals for the 11th Circuit held that the sergeant violated the...more
Late last week, the U.S. Supreme Court issued a decision that narrows the scope of a statute used by the Government and private parties against individuals who access computer systems without authorization. The decision in...more
While there are efforts afoot to broaden the impact and reach of US law on hackers, particularly with the US Department of Justice (the DOJ) planning to coordinate ransomware attack investigations with similar protocols it...more
It’s not every day the U.S. Supreme Court issues an opinion relevant to this blog, so we are understandably excited when it does. In a landmark decision, the Court has ruled that the Computer Fraud and Abuse Act (CFAA),...more
The U.S. Supreme Court issued a decision Van Buren v. United States on June 3, 2021 that has broad implications for technology companies writ large. With its decision, the Court has restricted the scope and application of the...more
In a decision handed down yesterday, the Supreme Court held that civil liability under the Computer Fraud and Abuse Act (“CFAA”) does not attach for employees who abuse or misuse their access credentials in accessing their...more
On June 3, the United States Supreme Court decided Van Buren v. United States,1 a Computer Fraud and Abuse Act (CFAA) case with important implications for investment advisers and hedge funds that scrape web data as a source...more
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
In a highly anticipated ruling, on June 3, 2021, the U.S. Supreme Court narrowed the scope of the Computer Fraud and Abuse Act’s (“CFAA”) application in Van Buren v. United States. The CFAA prohibits computer hacking and...more
The Supreme Court heard oral arguments this week in Van Buren v. United States, which asked the nine Justices to interpret the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §§ 1030. The CFAA was enacted in 1986, just...more
On Monday, the Supreme Court finally heard oral argument in Van Buren v. United States, a case that will determine once and for all the scope of the Computer Fraud and Abuse Act....more
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
Working from home since the onset of the pandemic, you check your social media on a work laptop, in violation of your company’s Acceptable Use Policy. Have you just committed a federal crime?...more
On April 20, 2020, the U.S. Supreme Court granted writ of certiorari in Van Buren v. United States to consider whether a person who is authorized to access information on a computer for certain purposes violates Section...more
Following an FBI sting, police sergeant Nathan Van Buren was convicted under the federal Computer Fraud and Abuse Act (“CFAA”) for selling license plate information obtained from a police database. The Eleventh Circuit upheld...more