U.S. Supreme Court Narrows Computer Fraud And Abuse Act

The U.S. Supreme Court recent decision in Van Buren v. United States significantly impacts the scope of the Computer Fraud & Abuse Act (“CFAA”).  The case carries implications for computer fraud prosecutions, employee abuse of computer databases, and a host of other areas, particularly given that the CFAA provides a civil cause of action that has become increasingly prevalent.  The Van Buren decision narrowed the scope of the meaning of “exceed[ing] authorized access” to a computer.

Background

In 2011, an FBI sting in Georgia resulted in police officer Nathan Van Buren being charged with violating the Computer Fraud and Abuse Act (CFAA). The sting operation was initiated after an individual complained that Van Buren had tried to shake them down by soliciting a loan.

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