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Computer Fraud and Abuse Act Litigation Dramatically Increases

Volokh Conspiracy for the interesting chart below showing a rise in court citations of the Computer Fraud and Abuse Act (“CFAA”).  This makes sense as the proliferation of technology is turning everything into a computer.  The CFAA criminalizes, among other things, unauthorized access to a protected computer.  The definition of a protected computer is basically anything with a microprocessor, so this means that smart phones, iPads and other like devices are protected computers under the CFAA.   The CFAA also provides for a civil cause of action by parties whose computers have been accessed without authorization.  Here’s the chart:

Tor Ekeland, P.C., currently represents Andrew Auernheimer whom the government has charged with violating the CFAA, in his federal criminal case.  Because of this, we are becoming intimately familiar with the highly problematic CFAA.

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Road to Nowhere

In Liminae: The Road to Nowhere

It takes us about six hours to drive to the rural state jail (that’s owned by two judges) the Feds contracted with to hold our client. Accused of computer crimes, he can’t effectively review evidence in jail – there’s no practical access to computers in the gulag. They’ve seized all his assets claiming they’re the ill-gotten gains of crimes the government can’t identify, and their computer forensics – if you can call them that – have no scientific basis and are full of basic errors and typos. In my decade as a federal criminal defense lawyer doing computer cases across the country, I’ve never come across a case where the government was so completely off.

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Guilty Until Proven Innocent

A defendant’s view from the trenches of federal criminal court This post is originally published to Substack. You can read and follow us there.

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