CFAA: The imperfect criminal law and order of the digital land

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Annotote TLDR

Anthony Bardaro

17 episodes

3 days ago

This is an AI-generated exploration about whatever subjects pique my interest at any given time. Episodes usually straddle tech, media, finance, business, entrepreneurship, history, philosophy, and psychology – for which I feed the machine research and analysis from various sources to produce this synthesis. If business and writing are the outlets of my intellectual curiosity, then consumption and reading are the inputs. As my audio professor and scrapbook, this show falls somewhere in between those ends, so I might as well share it with you!

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CFAA: The imperfect criminal law and order of the digital land

Annotote TLDR

31 minutes 28 seconds

10 months ago

CFAA: The imperfect criminal law and order of the digital land

Computer Fraud and Abuse Act (CFAA) of 1986 is a controversial US law addressing computer crime – not only seeking to establish behavioral norms online, but also contributing to enforcement misuse/overreach with unintended consequences offline...

History of CFAA legislation
US v Matthew Keys (2012)
US v Derrick Lostutter (2017)
HiQ Labs v LinkedIn (2019)
US v Aaron Swartz (2011)
"Unauthorized access" (web scraping and who owns data?)
Safe harbor for ethical/white hat security researchers
Terms of service (ToS) violations
"Demonstrable harm" (proportionality of crime vs punishment)
Aaron's Law
Tradeoffs of CFAA and reform thereof (free speech/privacy/AI/ML/etc)

This podcast is Al-generated with NotebookLM, using the following sources, research, and analysis:

California Comprehensive Computer Data Access and Fraud Act (Wikipedia, 2024.12.12)
Computer Fraud and Abuse Act (Wikipedia, 2024.12.12)
Critical Fixes for the Computer Fraud and Abuse Act (EFF, 2013.01.29)
Department of Justice Announces New Policy for Charging Cases under the Computer Fraud and Abuse Act (DOJ, 2022.05.19)
Explanation of effects of Aaron’s Law with EFF proposed amendments to “access without authorization” (EFF public discussion draft, 2013.01.23)
Is It Time to Rethink the Computer Fraud and Abuse Act? (GovTech, 2023.02.15)
Justice Manual 9-48.000: Computer Fraud and Abuse Act (DOJ, 2022.05)
Legal Risks of Adversarial Machine Learning Research (Kumar/Penney/Schneier/Albert, 2020.06.29)
Rebooting Computer Crime Law Part 1: No Prison Time For Violating Terms of Service (EFF, 2013.02.04)
Rebooting Computer Crime Law Part 2: Protect Tinkerers, Security Researchers, Innovators, and Privacy Seekers (EFF, 2013.02.04)
Rebooting Computer Crime Part 3: The Punishment Should Fit the Crime (EFF, 2013.02.08)
The Case to Update the Computer Fraud and Abuse Act (GW Law, 2021.04.03)
The Mirage of Artificial Intelligence Terms of Use Restrictions (Henderson/Lemley, 2024.12.10)
Why the Government Went After Matthew Keys (Vice, 2015.10.09)

Not investment advice; do your own due diligence!

# cybersecurity cybercrime hackers hacktivism felony legal regulation social media networking internet IRL 1A