Justices Should Narrow CFAA Scope In Van Buren

By Anthony Volini (December 21, 2020, 6:10 PM EST) -- As the U.S. Supreme Court considers Van Buren v. U.S., the core issue is whether in Section (a)(2) of the Computer Fraud and Abuse Act, the statutory phrase "exceeds authorized access" includes misuse of data by an employee entrusted with access to that data. Circuits are split on this question, with the U.S. Court of Appeals for the Ninth Circuit and certain other circuits generally excluding employee misuse of entrusted data from the statute's reach.[1]

In Van Buren v. U.S., a police officer misused his authorized access to a law enforcement database to essentially sell license plate information to a third...

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