Orin Kerr writes:
In his post below, Stewart Baker writes that DOJ official James Baker “gave a persuasive defense” of the broad view of that the Computer Fraud and Abuse Act should apply to Terms of Service violations and employee restrictions on computers. In this post, I want to explain why I don’t find DOJ’s defense of existing law persuasive. I will then propose a statutory fix to reconcile DOJ’s concerns with the concerns of the CFAA’s critics — critics including myself.
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