Cardozo International & Comparative Law Review
Abstract
The Ninth Circuit's broad interpretation of the Computer Fraud and Abuse Act (CFAA) in United States v. Nosal II criminalizes everyday activities like password sharing, undermining the Act's original purpose to prevent hacking. The court ruled that accessing a computer after authorization has been revoked constitutes a violation, even if the access is for innocuous purposes. This interpretation disproportionately benefits large service providers, allowing them to suppress legitimate user claims and exposing millions of Americans to potential prosecution for common online practices.
Disciplines
Communications Law | Comparative and Foreign Law | Courts | Criminal Law | Criminal Procedure | International Law | Law | Legal History | Legislation
Recommended Citation
Michael Levy,
The Unexpected Scope of the CFAA: And How Netflix Users Could Be Committing a Federal Crime,
1
Cardozo Int’l & Compar. L. Rev.
397
(2018).
Available at:
https://larc.cardozo.yu.edu/ciclr/vol1/iss2/7
Included in
Communications Law Commons, Comparative and Foreign Law Commons, Courts Commons, Criminal Law Commons, Criminal Procedure Commons, International Law Commons, Legal History Commons, Legislation Commons