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Andy Levchuk to Speak on “Staying Out of Prison – Understanding Computer Fraud & Abuse Act”

The Computer Fraud and Abuse Act, 18 U.S.C., “one of the broadest federal criminal laws currently on the books,” was enacted more than 30 years ago. It continues to be a controversial statute and its expansive reach has, many believe, left prosecutors with too much charging discretion and plaintiffs’ attorneys with too many weapons. The more problematic provisions include Subsections 1030(a)(2)(C) and (4), which prohibit accessing a “protected computer” without authorization or exceeding “authorized access.” “Protected computer” is defined to include any computer “used in or affecting interstate or foreign commerce.” One almost invariably uses a computer “in or affecting interstate commerce” by accessing the Internet. As has been noted by a number of writers, the terms “without authorization” or exceeding “authorized access” are quite broad, and can result in possible CFAA violations for conduct that seems unworthy of criminal sanction, such as checking the weather while at work or using a family member’s Netflix password.

Andy Levchuk will explore recent court decisions interpreting the CFAA, including those dealing with its civil liability provisions and consider various proposals to amend the CFAA. We will conclude with a brief look at state “computer trespass” statutes.

Wednesday, June 13, 2018
6:30 PM to 8:30 PM
Paragus IT at 112 Russell St, Hadley, MA