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Access Denied: Improper Use Of The Computer Fraud And Abuse Act To Control Information On Publicly Accessible Internet Websites, Christine Galbraith Davik
Access Denied: Improper Use Of The Computer Fraud And Abuse Act To Control Information On Publicly Accessible Internet Websites, Christine Galbraith Davik
Faculty Publications
The Computer Fraud and Abuse Act (CFAA) was originally enacted in 1984 as a criminal statute to address hacking and the growing problem of computer crime. Recently, however, in an attempt to control competition and maintain market share, a number of companies have sought to prevent entities they deem unwelcome from obtaining data on their websites. Utilizing the civil action provisions of the CFAA, these companies have surprisingly succeeded in convincing federal courts that hacking includes accessing and using the factual information a company has chosen to post on a publicly available website. Despite the fact that many of the …