Computer Fraud Act Case Dismissed

[Donn Parker]

It has finally happened. The Federal Computer Fraud and Abuse Act has been
limited. See
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/04/11/BU7P1O1AST.DTL

The Ninth U.S. Circuit Court of Appeals said:

"Under the prosecution's interpretation [of the Act], "millions of
unsuspecting individuals would find that they are engaging in criminal
conduct," said Chief Judge Alex Kozinski in the majority opinion."  The
defendant in the case is still being prosecuted for engaging in other
criminal acts.  Although I supported with testimony, helped write, and
assisted in getting the original Computer Fraud and Abuse Act adopted, I
pointed out that all violations it covered seemed to be covered by existing
criminal laws (as was this case) and in most cases had stronger
penalties. Several prosecutors told me that they wouldn't apply the new law
anyway because violation of existing laws would be more easily understood by
the courts.  However, there is still value in the Computer Fraud and Abuse
Act for three reasons. It has drawn public attention onto crimes in the new
IT environments, it encouraged potential victims to protect themselves, and
it helped law enforcement agencies get funding and motivation for gaining
the skills and knowledge to investigate and prosecute the old crimes in the
new IT environments.  When I write "new IT environments", I mean where a
computer plays one or more of four roles, object of attack, subject (unique
environment), tool, and symbol (for deception.)  Donn

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