Computer Fraud and Abuse Act

Question 1

What is the CFAA?

Answer 1

provides criminal and civil recourse for hacking. Used to use to go after employees who used computers to gather infor prior to departure

Question 2

What are the two theories of the CFAA

Answer 2

• broad: breach of FD could give rise to CFAA claim
• narrow: no violation without accessing areas of a computer without authorization

Question 3

Van Buren Gate theory of CFAA

Answer 3

• to violate CFAA a person needs to avoid a “gate that is down”. They need to enter particular areas of the computer that are off limits. Key inquiry is whether the person was authorized at the time. Wrongful/malicious intent is irrelevant