High Court Is Likely To Adopt 6th Circ.'s Narrow View Of CFAA

Law360 (October 1, 2020, 2:31 PM EDT) -- Loose language in a criminal statute conferring a private cause of action — such as the Computer Fraud and Abuse Act — presents an interpretative dilemma for courts. 

The CFAA furthers the legitimate public interest in preventing and punishing computer fraud and abuse. But there is currently a circuit split as to what constitutes computer fraud and abuse under the CFAA, and the U.S. Court of Appeals for the Sixth Circuit recently deepened that split.

The concept of a scheme or artifice to defraud into the federal mail, wire and bank fraud statutes has been broadly interpreted to reach all sorts...

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