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SCOTUS Set to Address Circuit Split in Interpreting CFAA
The Computer Fraud and Abuse Act (CFAA) is the sort of broadly worded criminal statute which gives white-collar prosecutors considerable power — and makes defense counsel and judges uneasy. The law prohibits obtaining information by "access[ing] a computer without authorization or exceed[ing] authorized access." Computer hacking — "access[ing] a computer without authorization" — clearly violates the law. But the meaning of the other operative words, "or exceed[ing] authorized access," is not so clear.
The different ways of interpreting the statute have led to a split in the Courts of Appeals. Four circuits have read the statute broadly: An individual "exceeds authorized access" when she accesses a computer and obtains information for an improper purpose, even if the person's access to the information is authorized. Four other circuits have read the statute narrowly: An individual "exceeds authorized access" only if she obtains information that she is not allowed to access, even if the purpose is improper. In practical terms, if a company Human Resources officer peeks at sensitive information out of idle curiosity, not because of work, would that be a crime because of the improper purpose, or would it not be a crime because the HR officer had the authority to review personnel files?
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
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A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
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