![]() Recklessly Damaging by Intentional Access Intentionally Damaging by Knowing Transmission Provisions of the Computer Fraud & Abuse ActĪccessing a Computer and Obtaining InformationĪccessing a Computer to Defraud and Obtain Value Pending Legislation on Computer Crimes (Legislative tracking services returning soon).NACDL opposes any additional expansion of the CFAA and is actively working to reform the CFAA through amicus support, coalition building, and legislative advocacy.Īdditional information on the CFAA and NACDL's reform efforts are available at the hyperlinks below. NACDL supports wholesale reform of the CFAA and, in particular, believes violations of website terms of services should not be federal crimes. The breadth and ambiguity of the CFAA are deeply troubling. With harsh penalty schemes and malleable provisions, it has become a tool ripe for abuse and use against nearly every aspect of computer activity. The CFAA prohibits intentionally accessing a computer without authorization or in excess of authorization, but fails to define what “without authorization” means. Over the years, it has been amended several times, most recently in 2008, to cover a broad range of conduct far beyond its original intent. ![]() The Computer Fraud and Abuse Act (CFAA) was enacted in 1986, as an amendment to the first federal computer fraud law, to address hacking. Over the course of thirty years, federal computer crimes went from non-existent to touching on every aspect of computer activity for intensive and occasional users alike. Increases in computer availability and mainstream usage, however, have propelled government regulation of computer conduct into overdrive. Perceptions concerning the role of technology in both traditional and high-tech criminal conduct prompted Congress to enact the first federal computer crime law thirty years ago. As technology advances, the use of the criminal law to regulate conduct using such technology also advances.
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