June 23, 2018

BNA Article: Amending the CFAA

A recently floated draft of proposed legislative changes to the Computer Fraud and Abuse Act reflects a desire to increase the penalties available for violations of the federal govern-ment’s main anti-hacking statute. However, the draft bill fails to address issues that have split the federal circuits, unwisely lifts some CFAA violations from a misdemeanor to a felony, and fails to address growing calls to remove violations of terms of service agree- ments from the CFAA’s reach. The author suggests that legislative revisions to the Economic Espionage Act or the enactment of a federal trade secrets law offer a better policy direction for Congress. If you’re interested in reading my entire article on this that appeared in a recent edition of Bloomberg BNA Electronic Commerce & Law Report click here.

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