Computer Fraud and Abuse Act (18 U.S.C. §1030)

The Computer Fraud and Abuse Act (CFAA), codified at 18 U.S.C. § 1030, is the primary federal statute addressing computer-related offenses. Originally enacted in 1986, the CFAA has been amended multiple times to address evolving technology and cybersecurity threats.

Key Provisions

The CFAA prohibits several categories of computer-related conduct, including accessing a computer without authorization or exceeding authorized access, trafficking in passwords, causing damage to protected computers, and committing fraud in connection with computers. Violations can result in both criminal penalties and civil liability.

Civil Remedies

In addition to criminal prosecution, the CFAA provides a private right of action for individuals and organizations that suffer damage or loss as a result of CFAA violations. Civil plaintiffs may seek compensatory damages, injunctive relief, and other equitable remedies.

Recent Developments

The Supreme Court's decision in Van Buren v. United States (2021) narrowed the interpretation of 'exceeds authorized access,' significantly impacting how the statute applies to insider threats and terms of service violations. This decision continues to shape CFAA litigation in lower courts.