The Failure of the Computer Fraud and Abuse Act: Time to Take an Administrative Approach to Regulating Computer Crime
Ric Simmons 84 Geo. Wash. L. Rev. 1703 Whenever a legislature creates a technology-specific crime, it faces a number of challenges. First,... Read More
Regulating Software When Everything Has Software
Paul Ohm and Blake Reid 84 Geo. Wash. L. Rev. 1672 This Article identifies a profound, ongoing shift in the modern administrative... Read More
The “Narrow” Interpretation of the Computer Fraud and Abuse Act: A User Guide for Applying United States v. Nosal
Jonathan Mayer 84 Geo. Wash. L. Rev. 1644 Over the past decade, courts have radically reshaped the landscape of federal computer crime... Read More
Authority and Authors and Codes
Michael J. Madison 84 Geo. Wash. L. Rev. 1616 Contests over the meaning and application of the federal Computer Fraud and Abuse... Read More
A Proposed Amendment to 18 U.S.C. § 1030—The Problem of Employee Theft
Michael L. Levy 84 Geo. Wash. L. Rev. 1591 The problem of what constitutes “unauthorized access” and “access in excess of authorization”... Read More
Measuring Computer Use Norms
Matthew B. Kugler 84 Geo. Wash. L. Rev. 1568 Unauthorized use of computer systems is at the core of computer trespass statutes,... Read More
Trespass, Not Fraud: The Need for New Sentencing Guidelines in CFAA Cases
Orin S. Kerr 84 Geo. Wash. L. Rev. 1544 This Article argues that the existing regime for sentencing violations of the Computer... Read More
The Ninth Circuit’s Deficient Examination of the Legislative History of the Computer Fraud and Abuse Act in United States v. Nosal
William A. Hall, Jr. 84 Geo. Wash. L. Rev. 1523 In United States v. Nosal, the Ninth Circuit held that the government... Read More
Consenting to Computer Use
James Grimmelmann 84 Geo. Wash. L. Rev. 1500 The federal Computer Fraud and Abuse Act (“CFAA”) makes it a crime to “access[]... Read More