Supreme Court Decision Affects Federal Charges for Computer Crimes

 Posted on July 07, 2021 in Computer Crimes

Nearly everyone uses computer systems and electronic devices in their everyday lives, and there are many situations where a person could face criminal charges based on issues such as illegally accessing computer systems or using electronic information incorrectly. Cases involving computer crimes can be complex, and there are many different state and federal laws that may apply in these situations. A recent decision by the U.S. Supreme Court may play a role in cases involving computer and internet crimes, and it may limit the types of charges that may be pursued by prosecutors.

Limits on the Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act (CFAA) of 1986 prohibits people from accessing a computer and obtaining information they are not authorized to access. While this law was meant to address unauthorized “hacking” of computer systems, courts had interpreted it very broadly, allowing prosecutors to pursue criminal charges in cases where a person had exceeded their authorized access. A person who was authorized to use a computer or network could potentially be prosecuted for using the system outside of what they had specifically been allowed to do. This meant that criminal charges could apply for a number of commonplace activities, such as using a work computer for personal purposes.

These issues were addressed in the case of Van Buren v. United States. This case involved a police officer who accepted money in exchange for performing an unauthorized search of a state license plate database. The officer had been convicted of a felony violation of the CFAA. In reviewing this case, the Supreme Court addressed whether the CFAA can be used to prosecute a person who was authorized to access a computer system but exceeded the scope of what they were allowed to do. The court determined that a broad interpretation of the CFAA would criminalize a number of common activities, such as minor violations of a website’s terms of service.

The Supreme Court’s decision established a requirement to show that a person breached a “digital gate” before they can be prosecuted for violating the CFAA. That is, a person must have bypassed a barrier that would prevent them from accessing information or completing activities that they would not normally be able to access or perform. This will help ensure that those who are charged with computer crimes will not face excessive charges or sentences based on their use of systems they were allowed to access.

Contact Our Hartford Computer Crimes Defense Attorney

If you have been accused of committing computer crimes, it is important to secure representation from an attorney who understands the state and federal laws that apply in these cases. The Woolf Law Firm can provide you with the defense you need, and we will help you create a defense strategy that will help you avoid a conviction if possible or allow you to reduce the charges or penalties you may face. Contact our Connecticut internet crimes defense lawyer at 860-290-8690 to arrange a free consultation today.

Sources:

https://www.abajournal.com/web/article/supreme-court-takes-a-byte-out-of-computer-crime-law

https://www.cpomagazine.com/cyber-security/supreme-court-decision-on-van-buren-case-restricts-excesses-of-cfaa-is-a-boon-for-cybersecurity-research/