Observed Signal · Nov 30, 2020 · Regulation · Source: OnlineMarketing.de · Impact: 2/5 · Sentiment: Neutral
CFAA Under Supreme Court Scrutiny
The U.S. Supreme Court is set to hear a case that could redefine the scope of the Computer Fraud and Abuse Act (CFAA). The Van Buren case involves Nathan Van Buren, a former police officer, who used a police license-plate database for paid searches; one CFAA count was dropped, but another remains, raising questions about what constitutes unauthorized access. The CFAA, enacted in 1986, is argued to be outdated and potentially criminalizes many everyday online activities that conflict with terms of use or employer policies. Legal commentary cited in the piece suggests that actions such as lying on dating profiles, sharing streaming passwords, or using a work computer for personal tasks could be deemed criminal if the statute is interpreted too broadly. The article notes support from Mozilla and Tesla for paying researchers who disclose security vulnerabilities and quotes Riana Pfefferkorn on the desire for a narrower CFAA interpretation to protect cybersecurity work. The ruling could shape security research and general online behavior.
Regulatory implications for online access and cybersecurity research
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Key Takeaways & Evidence Grounding
- The case before the U.S. Supreme Court is Van Buren regarding the CFAA.
- Nathan Van Buren, a former police officer, faced two CFAA counts; one was dropped, the other remains.
- The CFAA defines unauthorized access and timeliness of its interpretation is under review.
- Mozilla and Tesla are cited as examples of companies that pay security researchers for vulnerability findings.
- Riana Pfefferkorn commented that a narrower CFAA could improve safety for cybersecurity work.
Connected Companies & Entities
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1967 CIPA Fuels New Wave of Ad Tech Lawsuits
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Federal Judge Rules Flock Searches Unconstitutional
A federal judge ruled that a Tulsa sheriff's deputy violated the Fourth Amendment by using Flock Safety's automated license plate reader to search a woman's plate without a warrant. Judge Sara Hill called the practice 'indiscriminate mass surveillance' and suppressed evidence from the search. The ruling is non-binding precedent but signals growing judicial scrutiny of Flock's technology. Flock, which sells surveillance cameras and ALPRs to law enforcement, faces cancellations from states like Florida and Texas, and Senator Bernie Sanders introduced the Block Flock Act to ban federal use. Flock CEO has offered voluntary buyouts amid the backlash.
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