Orin Kerr writes:
Next week, the Supreme Court will hear its first case involving the controversial federal computer crime law, the Computer Fraud and Abuse Act (CFAA), found at 18 U.S.C. 1030. The case, Musacchio v. United States, has relatively little do with the CFAA. But it does end up touching on one of the most mystifying and confusing questions raised by the CFAA: The difference between “access without authorization” and “exceed[ing] authorized access.” The briefs don’t get into the CFAA much, for reasons that I’ll explain, but how to interpret the CFAA might end up being relevant to the Supreme Court’s decision.
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