Cybersecurity, A-Z: C Is For CFAA

The Computer Fraud and Abuse Act, or CFAA, is the federal "anti-hacking" statute (or sometimes referred to as a "computer trespass" statute).  In essence, the CFAA prohibits intentional unauthorized access into another computer, when such action directly accesses certain protected information or otherwise causes damage or loss.  The CFAA provides for both criminal penalties and civil causes of action.  The scope and meaning of access "without authorization" can be uncertain:  last year, the 9th Circuit issued two important decisions on this issue, in  U.S. v. Nosal (holding that a third party with access to a computer network of an employer cannot be used to gain authorized access by a party — a former employee — whose access was revoked) and  Facebook v. Power Ventures  (holding that, when Facebook sent Power Ventures, a third-party social media aggregator, a cease and desist letter, that was sufficient to revoke authorization under the CFAA).   The CFAA can also