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Do Over, Please: EFF and ACLU Ask Ninth Circuit to Revisit Two Dangerous CFAA Rulings

Posted on August 29, 2016June 26, 2025 by Dissent

Jamie Williams writes:

Imagine being convicted of a crime for logging into a friend’s social media account with their permission? Or for logging into your spouse’s bank account to pay a bill, even though a pop-up banner appeared stating that only account holders were permitted to access the system? The Ninth Circuit Court of Appeals last month issued two decisions—by two different 3-judge panels in two separate cases—which seem to turn such actions into federal crimes. We teamed up with the ACLU and ACLU of Northern California to ask the court to review both decisions en banc—with 11 judges, not just 3—and issue a ruling that will ensure innocent Internet users are not transformed into criminals on the basis of innocuous password sharing. We want the court to come up with a clear and limited interpretation of the notoriously vague statute at the heart of both cases, the Computer Fraud and Abuse Act (CFAA).

Read more on EFF.

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