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ARTICLE · 15 JUNE 2021

Supreme Court Resolves Circuit Split Over CFAA

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In Van Buren v. United States, No. 19-783 (U.S. June 3, 2021), the United States Supreme Court issued an opinion drastically limiting the application of the Computer Fraud and Abuse Act (CFAA)...

United StatesGovernment, Public Sector
Bill Mateja
Bill Mateja
Sarah Aberg
Sarah Aberg
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In Van Buren v. United States, No. 19-783 (U.S. June 3, 2021), the United States Supreme Court issued an opinion drastically limiting the application of the Computer Fraud and Abuse Act (CFAA) (18 U.S.C. § 1030 et seq.), holding that the “exceeds authorized access” clause of the Act applies only to those who obtain information from particular areas in the computer—such as files, folders, or databases—to which the individual is not authorized to access under any circumstances. However, the Supreme Court excluded application of the clause to individuals who misuse their access to obtain information otherwise available to them for an unauthorized purpose.

Van Buren, a former Georgia police sergeant, was charged with honest-services wire fraud and violating the CFAA after using his own, valid credentials to retrieve information about a license plate number in exchange for money, in violation of the department's policy. The Government alleged that Van Buren knowingly

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