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Computer Fraud and Abuse Act: Finding the Line in the Sand
Recently described as the “ever expanding statute that has swallowed the Internet,” (see, Orin S. Kerr, “Congress Considers Increasing Penalties, Adding Minimum Sentences to the Computer Fraud and Abuse Act,” The Volokh Conspiracy Blog (May 24, 2011)), the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. '1030, was promulgated in 1984 in order to strengthen the government's ability to prosecute computer crimes involving national security secrets, computers belonging to the federal government, and personal financial information. Since its enactment, the CFAA has been amended numerous times, however, significantly broadening its reach. In its current incarnation ' which is the subject of yet another possible amendment ' the CFAA “potentially regulates every use of every computer in the United States and even many millions of computers abroad.” Orin S. Kerr, “Vagueness Challenges to the Computer Fraud and Abuse Act,” 94 Minn. L. Rev. 1561 (May 2010) (detailing the legislative expansion of the CFAA).
The scope of the CFAA is the subject of an emerging split among federal courts of appeals as highlighted by a recent opinion by the U.S. Court of Appeals for the Ninth Circuit, which rejected the claim that its decision would make criminals out of millions of employees who might utilize their work computers for personal use.
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