Anti-Hacking Law Criminalizes Most Computer Users, Former Prosecutor Says

Kim Zetter
Wired

The nation’s premier anti-hacking law poses a threat to the civil liberties of millions of Americans who use computers and the internet and could lead to the arrest and prosecution of many users who violate the law on a regular basis, says a former federal prosecutor who wants the Computer Fraud and Abuse Act revised.

“In the Justice Department’s view, the CFAA criminalizes conduct as innocuous as using a fake name on Facebook or lying about your weight in an online dating profile. That situation is intolerable,” says Orin Kerr, George Washington University law professor and a former federal prosecutor in the Justice Department’s Computer Crime and Intellectual Property Section in the Criminal Division.

Currently, the law punishes anyone who “intentionally … exceeds authorized access, and thereby obtains information from any protected computer.”

Kerr is testifying on Tuesday before the House Judiciary Committee’s Subcommittee on Crime, Terrorism, and Homeland Security, and is asking Congress to amend the law to narrow how prosecutors can interpret what it means to exceed authorized access on a computer.

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