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Open Access. Powered by Scholars. Published by Universities.®

2014

University of Richmond

Computer Law

Computer Fraud and Abuse Act

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Cyber Security Active Defense: Playing With Fire Or Sound Risk Management, Sean L. Harrington Jan 2014

Cyber Security Active Defense: Playing With Fire Or Sound Risk Management, Sean L. Harrington

Richmond Journal of Law & Technology

“Banks Remain the Top Target for Hackers, Report Says,” is the title of an April 2013 American Banker article. Yet, no new comprehensive U.S. cyber legislation has been enacted since 2002, and neither legislative history nor the statutory language of the Computer Fraud and Abuse Act (CFAA) or Electronic Communications Privacy Act (ECPA) make reference to the Internet. Courts have nevertheless filled in the gaps—sometimes with surprising results.