4 research outputs found
SIGNS INSCRIBED ON A GATE: THE IMPACT OF VAN BUREN V. UNITED STATES ON CIVIL CLAIMS UNDER THE COMPUTER FRAUD AND ABUSE ACT
This Article addresses the impact of the U.S. Supreme Courtâs June 2021 decision in Van Buren v. United States on what constitutesâ authorizationâ to access a computer under the Federal Computer Fraud and Abuse Act (CFAA)âa law that imposes both criminal and private civil liability for violationsâand concludes that, so far, the Van Buren decision has not rendered the CFAA toothless. The Introduction briefly explains the history of the CFAA, a summary of why it was enacted, how organizations have relied upon it as an important tool to protect themselves from computer hackers and increased cybersecurity risks, and a Circuit of Appeals split about what it means to âexceed authorization.â The Article then, in a section titled âExceeding Authorized Access: All That Is Not Permitted Is Forbidden,â tells the sordid tale of what happened to Van Buren and how the U.S. Supreme Court resolved his case, ultimately by reversing the Court of Appealsâs ruling affirming his CFAA conviction in an attempt to resolve the circuit split. It concludes in âProtecting Systems with a Sign on the Doorpostsâ by examining the two cases that, through December 2021, considered the authorization issue and what they indicate about the future of the post-Van Buren CFAA