Preview of Member Only Content
For full access: or Become a Member
Digital Defense: Meeting the Challenges That the Computer Fraud And Abuse Act Poses
By Timothy P. O’Toole
this digital age, computers are everywhere, from the time people wake up in the morning until the moment they fall asleep at night. And for defense lawyers, the predominance of computers has extended not only to their day-to-day practices but even to the cases they handle, which increasingly involve allegations brought under the Computer Fraud and Abuse Act (CFAA). This law, codified at 18 U.S.C. § 1030, was originally a narrow one, focused on the computer “hacking” that targeted important long-standing federal interests, such as national security, financial records, and government property.1 But Congress has broadened the statute five times in the past 30 years, with the result being an expansive and vague law that “potentially regulates every use of every computer in the United States and even many millions of computers abroad.”2
The ever-broadening scope of this law has given rise to the two classic problems associated with vague statutes: (1) arbitrary and discr
Want to read more?
The Champion archive is reserved for NACDL members.
NACDL members, please login to read the rest of this article.
Not a member? Join now.
Or click here to see an overview of NACDL Member benefits.
See what NACDL members say about us.
To read the current issue of The Champion in its entirety, click here.
- Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or email@example.com
- Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.