Supreme Court To Consider Scope Of CFAA

Key Points

• The U.S. Supreme Court will review whether a person who is authorized to access information on a computer for certain purposes violates the CFAA if he accesses the same information for an improper purpose.¹
• The Court's decision will likely resolve a circuit split on how broadly to interpret the CFAA. Courts of Appeals across the country vary in their interpretation on what it means to exceed authorized access to a computer under the CFAA. 
• The Court's ruling will impact what common computer activities may carry criminal and civil liability under the CFAA and the future of computer fraud and hacking cases.

On Monday, April 20, 2020, the Supreme Court of the United States granted a certiorari petition in Van Buren v. United States (No. 19-783) to consider the scope of the Computer Fraud and Abuse Act (CFAA), specifically whether a user's authorized access to information for an unauthorized purpose violates the CFAA. Under the CFAA, it is a federal