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Comments on DOJ’s Defense of The Broad View of “Exceeds Authorized Access” in the Computer Fraud and Abuse Act — And A Proposed Statutory Fix

Posted on September 12, 2011July 2, 2025 by Dissent

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.

Read more on The Volokh Conspiracy.

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