Partner Dave Schmitt Publishes Article Analyzing Computer Fraud and Abuse Act

Partner Dave Schmitt published an article in the Creighton Law Review:   David J. Schmitt, The Computer Fraud And Abuse Act Should Not Apply To The Misuse Of Information Accessed With Permission, 47 Creighton L. Rev. 423 (2014).  The article analyzes the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, which has been the subject of conflicting and contrary judicial interpretations as to whether it is limited to violations of access restrictions, or whether it applies when an individual misuses computer information that was accessed with permission.  Mr. Schmitt analyzes the legislative history of the CFAA; the current split in the federal courts whether the CFAA applies when computer information accessed with permission is misused; recent legislation that has been proposed to resolve the ambiguity in the statutory text; legal doctrines that require the CFAA be interpreted narrowly; and policy considerations that support limiting the CFAA to violations of access restrictions.  He concludes with his recommendation that Congress amend the CFAA, and absent further action by Congress, that the United States Supreme Court resolve the judicial split by holding the CFAA does not apply to misuse.