Federal Computer Fraud Charges Under 18 USC 1030 (CFAA): When Computer Use Becomes Criminal.

So your probably facing federal computer fraud charges under CFAA and your ABSOLUTELY CONFUSED because you thought you were just accessing computer systems for work or research. Maybe you used login credentials that prosecutors claim exceeded your authorization. Maybe there's allegations you accessed files you weren't supposed to see. Or maybe your just accused of violating website terms of service. Look, we get it. Your COMPLETELY OVERWHELMED by these charges. And you should be! Because Computer Fraud and Abuse Act under 18 USC 1030 carries up to 20 YEARS in federal prison and prosecutors use CFAA to criminalize routine computer activities that cause no harm!

What Is the Computer Fraud and Abuse Act (CFAA)?

Let me explain the prosecutorial weapon that criminalizes computer use. CFAA enacted in 1986 to combat hacking but has expanded to cover ordinary computer activities! Originally targeted hackers breaking into government computers but now applies to ANYONE using computers in ways prosecutors claim are "unauthorized"!

The statute has SEVEN subsections creating different computer crimes! Section (a)(1) targets espionage, (a)(2) obtaining information, (a)(3) accessing government computers, (a)(4) fraud schemes, (a)(5) damaging computers, (a)(6) trafficking in passwords, (a)(7) extortion! Each has different elements and penalties!

Here's what's really scary - "protected computer" means ANY computer connected to internet or used in interstate commerce! Your laptop? Protected computer! Work computer? Protected computer! Website servers? Protected computers! Virtually EVERY computer is "protected" giving federal jurisdiction!

Two key phrases prosecutors abuse: "without authorization" and "exceeds authorized access"! Without authorization means no permission at all! Exceeds authorized access means accessing computer with permission but obtaining information you're not entitled to! Vague terms create prosecutorial discretion!

What Did Supreme Court Rule in Van Buren v. United States?

HUGE 2021 decision limiting CFAA prosecutions!

Police sergeant Van Buren ran license plate search for personal reason violating department policy! Government charged him with exceeding authorized access! Supreme Court reversed conviction holding "exceeds authorized access" applies only when accessing areas of computer system you're not allowed to access!

The ruling distinguished "gates-up-or-down" inquiry from "purposes" inquiry! If you have authorization to access part of computer system, using it for improper purpose doesn't violate CFAA! Only accessing forbidden areas violates statute!

This protects employees who misuse data they're authorized to see! Salesman downloads customer list before quitting? Van Buren says NOT CFAA violation if salesman had access to that database! Using data improperly isn't "exceeding authorized access"!

But prosecutors still charge CFAA for workplace data theft! They argue accessing data with intent to misuse it means you NEVER had authorization! Courts split on whether Van Buren fully protects employees who misuse authorized access!

We use Van Buren aggressively! If client had login credentials and accessed systems they routinely used, Van Buren says not CFAA violation! Government must prove accessed areas that were off-limits, not just used authorized access improperly!

What Are the Different CFAA Subsections?