Most computer users likely assume that the United States has laws against hacking or otherwise intruding into computers. What those surfing the Internet may not realize, however, is that the language of the U.S. computer intrusion law is so broadly defined and interpreted as to potentially criminalize conduct involving virtually every computer in the world. Moreover, an equally broad definition of what constitutes a “computer,” combined with a vague definition of what constitutes “unauthorized access” to such a computer, means that usage of almost any electronic device worldwide could theoretically form the basis of a crime.
The global reach of U.S. computer intrusion laws is illustrated in a recent opinion from the U.S. District Court for the Eastern District of New York. The opinion, which characterizes the prosecution as “unique” and “cutting-edge,” demonstrates that a computer intrusion violation can be pleaded even when an individual never sets foot in the United States. The opinion also illustrates how, as technological innovation increasingly blurs any remaining lines between a computer and other electronic devices, U.S. computer anti-intrusion laws may eventually come to cover conduct involving virtually every electronic device in the world.
The CFAA
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