The following contribution is from committee member Robert Kain. We will be discussing this at the upcoming committee meeting in Naples where input from the membership will be sought:
Ladies and Gentlemen: There is a serious split in the Circuit Court decisions about the application of the CFAA and the meaning of “exceeds authorized access.” With respect to employee-hackers, what is legal in Calif. And Virginia, is not legal in Miami and Dallas per a group of circuit court decisions. The attached “Committee Draft Version” article seeks the Committee’s input on whether or not the CFAA should be amended. Also, I seek critical comments on the document.
Please feel free to leave your comments here if you will not be able to make it to Naples.