The Computer Fraud and Abuse act Should Not Apply to the Misuse of Information Accessed with Permission
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Authors
Schmitt, David J.
Issue Date
2014
Volume
47
Issue
3
3
3
Type
Journal Article
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Abstract
FIRST PARAGRAPH(S)|The Computer Fraud and Abuse Act ("CFAA") makes it unlawful when an individual improperly accesses a protected computer "without authorization" or "exceeds authorized access". The CFAA has been the subject of conflicting and contrary judicial interpretations as to whether it is limited to violations of access restrictions, or whether it applies when an individual misuses computer information that was accessed with permission. |The dispute whether the CFAA applies to misuse has been caused by ambiguous statutory text, which creates uncertainty as to the intent of Congress. The phrase "exceeds authorized access" is defined in the CFAA as "to access a computer with authoriziation and to use such access to obtain or alter information in the computer that the accesser is not entitles to so obtain or alter." The text can be read in two ways. First, it could refer to a user who has permission to access certain files or information on a computer, but instead accesses unauthorized files or information. Second, it could refer to a user who has permission to access information on a computer, but who misuses the information that was accessed with permission...
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Citation
Publisher
Creighton University School of Law