Digital Defense: Meeting the Challenges that the Computer Fraud and Abuse Act Poses

The Champion
In this article, Timothy O'Toole discusses the Computer Fraud and Abuse Act (CFAA) and the problems defense lawyers are facing due to its broadening scope. O'Toole writes that the increasing invocation of the law in prosecutions has caused problems related to its interpretation. The "open-ended provisions" of the CFAA "have created a culture of arbitrary enforcement, in which prosecutors focus their resources on headline-grabbing cases that seem to bear no meaningful relationship to the harms the statute was designed to target," he said. In order to successfully defend a CFAA case, "… it is important to challenge the government's expansive interpretation of this vague statute," O'Toole said, adding that "counsel litigating these cases will need to work hard to make the technology, as well as the legal principles that apply to it, as comprehensible as possible."
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