CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Saturday, January 2, 2010

Kerr on the Computer Fraud and Abuse Act

Kerr  Orin S. Kerr  (George Washington University - Law School) has posted Vagueness Challenges to the Computer Fraud and Abuse Act (Minnesota Law Review, 2010 ) on SSRN. Here is the abstract:

This Article argues that the void for vagueness doctrine requires courts to adopt narrow interpretations of the Computer Fraud and Abuse Act. On its face, the CFAA has become extraordinarily broad. Recent amendments indicate that Congress has largely abandoned the job of identifying what conduct involving computers should or should not be a federal crime. Congress has broadened the statute so far that the courts must now narrowly construe the statute to save its constitutionality. 

This Article demonstrates how courts should narrowly construe the statute under the void for vagueness doctrine by focusing on two recent criminal prosecutions: United States v. Drew, which considered whether Terms of Service violations trigger CFAA liability, and United States v. Nosal, which asked whether it violates the CFAA for employees to access their employers’ computers in ways contrary to their employers’ interests. These two prosecutions show the critical role of vagueness doctrine in interpreting the CFAA, pointing to a future of judicial narrowing of the statute.

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This act should be done a long time ago, when computers and internet progressed. Cyber crimes are a big threat to our society today, if not prevented can lead to major problems.

Posted by: Fraud Investigation Services | Mar 25, 2011 8:23:58 AM

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