In his byline article for the Daily Journal, partner Patrick Hammon looks at Van Buren v. United States, which the U.S. Supreme Court heard in December 2020. In the Van Buren case, the court will decide whether the Computer Frauds and Abuse Act (CFAA) is an anti-hacking statute or a data protection one that criminalizes data misuse.
Patrick begins by reviewing the CFAA statute and the factual background that led to the petitioner‘s filing cert with the Supreme Court. He reviews each side’s argument and how the justices responded to each, offering a glimpse into how they might view the CFAA. “Ultimately, it seems the Supreme Court is more likely to side with the narrower interpretation of the CFAA, in light of the constitutional issues presented,” Patrick explains, stating that the narrower approach is likely to be the law of the land soon.
To read Patrick’s full article, visit the Daily Journal. (subscription required).