Recommended Citation
Victor Manolache,
Computer Fraud and Abuse or Prosecutorial Fraud and Abuse: Time for Change,
6 Case W. Res. J.L. Tech. & Internet
67
(2015)
Available at:
https://scholarlycommons.law.case.edu/jolti/vol6/iss1/6
Abstract
“The [Computer Fraud and Abuse Act] CFAA’s scope has been expanded through revisions. Today, the CFAA is over-inclusive of criminal activity, creating over-criminalization that is only checked by prosecutorial discretion... This Note shall explain both problems and offer a possible solution to each. Section I discusses the history of computer crime law. Section II presents the circuit split and offers a solution. Section III discusses consequences of the CFAA’s bright line approach. Section IV proposes an amendment to the CFAA that creates an exception for types of uses that, although unauthorized, should not merit criminal prosecution. Aaron Swartz’ case is revisited, and the discussion from the previous sections is applied.”