Return to Blog Archives>>

Proposed Amendments to the CFAA

Volokh Conspiracy.  This is worth close attention and is Kerr’s reaction to the tideswell against the CFAA in light of the Swartz tragedy.  Kerr was one of the main drafters of the language in “Aaron’s Law” the proposed amendment to the CFAA that Representive Lofgren admirably is suggesting as a remedy to the heavy handed CFAA prosecution of Swartz. Kerr’s proposed amendments go beyond what Lofgren is floating as a bill, and in our opinion would go further in preventing future prosecutions like Swartz’s.  Like many of us he considers the current draft of Aaron’s Law  inadequate because it provides a loophole that would have allowed for the heavy handed Swartz prosecution regardless.  E.g. it allows for prosecutions that don’t invoke terms of service agreements as the sole basis for arguing unauthorized access.]]]]> ]]>

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.

Read More »

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.

Read More »

For media inquiries, please email


©2022 Tor Ekeland Law, PLLC   •

Attorney Advertising   •   Past results do not guarantee future results   •   Licensed in New York