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.]]]]> ]]>