Do We Even Need the Computer Fraud & Abuse Act (CFAA)?–Van Buren v. US

Eric Goldman writes:

Last week, the Supreme Court decided Van Buren v. US. Many hoped the decision would clarify how owners can delimit third-party usage of their computer resources for purposes of the Computer Fraud & Abuse Act (CFAA). Disappointingly, the court explicitly punted on that key question, though the decision probably will prompt lower courts to narrow the CFAA’s scope anyway. To me, the case’s real story is how much the CFAA unhelpfully overlaps with other legal doctrines. Rather than tendentious parsing of the CFAA’s words, we should be asking why we need the CFAA at all.

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