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 years, it has been amended several times, most recently in 2008, to cover a broad range of conduct far beyond its original intent. The CFAA prohibits intentionally accessing a computer without authorization or in excess of authorization, but fails to define what “without authorization” means. With harsh penalty schemes and malleable provisions, it has become a tool ripe for abuse and use against nearly every aspect of computer activity.

Effective cybersecurity laws are critical to maintaining both the national security and economic advancement of the U.S. But this security should not come at the expense of civil liberties and innovation. The Computer Fraud and Abuse Act does just that—it unnecessarily sacrifices civil liberties and innovation in the name of cybersecurity. … The upcoming hearing of Ms. Loretta Lynch, on her nomination for Attorney General, will provide a unique opportunity to shine a spotlight on this ongoing tension between attempts to expand the CFAA’s provisions and the need for meaningful reform.

Advocacy Materials on the Computer Fraud and Abuse Act

Letter to the House Judiciary Committee regarding drafted legislation that would enhance penalties and expand punishable conduct under the Computer Fraud and Abuse Act (CFAA).

The House Judiciary Committee’s draft CFAA (Computer Fraud & Abuse Act) bill is the epitome of overcriminalization, overfederalization and government over-reaching at its worst. In the face of a loud and sustained call for CFAA reform that reaches across the right-left divide, some on the Judiciary Committee staff seem to believe now is the time to do exactly the opposite, and expand this vague law even further, hike up its criminal penalties and increase the government’s ability to seize the property of unsuspecting, law-abiding individuals.

These are example cases of federal prosecutions including Computer Fraud and Abuse Act (CFAA) violations. The case entries include links to additional materials from the case and resources related to the case. Also, the Department of Justice has published its own manual on "Prosecuting Computer Crimes" that is available online.

With technological advances come a host of new and novel legal issues. Increases in computer availability and mainstream usage have propelled government regulation of computer conduct into overdrive. Over the course of thirty years, federal computer crimes went from non-existent to touching on every aspect of computer activity for the intensive and occasional users alike.

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner. 

Reports and articles about CFAA

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner (on Petition for a Writ of Certiorari). 

Coalition letter to members of the Senate regarding Senator Patrick Leahy's amendment to the proposed Cybersecurity Act (S. 3414), which incorporates expanded violations and penalties of the Computer Fraud and Abuse Act (CFAA).

Amicus curiae brief of the Electronic Frontier Foundation and the National Association of Criminal Defense Lawyers in support of appellant.

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of appellant.

Brief of Amici Curiae Electronic Frontier Foundation, Center for Democracy & Technology, National Association of Criminal Defense Lawyers, and Scholars in Support of Defendant-Appellant Gilberto Valle.

Brief of Amici Curiae Electronic Frontier Foundation, National Association of Criminal Defense Lawyers, and Center for Democracy & Technology in Support of Appellant.