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.]]]]> ]]>
Webinar Invite: Michael Hassard joins a virtual panel on Intellectual Property and Smart Contracts – Oct 20, 2022 3pm ET
Firm Associate Michael Hassard will be part of a virtual panel discussion on on Intellectual Property (IP), Smart Contracts, Branding, and Usage Rights. October 20, 2022 at 3pm Eastern. Sign up to attent.