Elkan Abramowitz and Jonathan Sack In Current Term, the Supreme Court Will Interpret Another White-Collar Criminal Statute
The meaning of "exceeds authorized access" in the Computer Fraud and Abuse Act will soon be taken up by the U.S. Supreme Court in 'United States v. Van Buren'. In their White-Collar Crime article, Elkan Abramowitz and Jonathan Sack describe the Circuit split and explore different methods used by appellate courts to interpret these operative words of the CFAA. The Supreme Court will have the opportunity once more to articulate its approach to interpreting white-collar criminal statutes.
November 09, 2020 at 12:10 PM
10 minute read
The Computer Fraud and Abuse Act (CFAA) is the sort of broadly worded criminal statute which gives white-collar prosecutors considerable power—and makes defense counsel and judges uneasy. The law prohibits obtaining information by "access[ing] a computer without authorization or exceed[ing] authorized access." Computer hacking—"access[ing] a computer without authorization"—clearly violates the law. But the meaning of the other operative words, "or exceed[ing] authorized access," is not so clear.
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