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Full-Text Articles in Law
Platforms, Encryption, And The Cfaa: The Case Of Whatsapp V Nso Group, Jonathon Penney, Bruce Schneier
Platforms, Encryption, And The Cfaa: The Case Of Whatsapp V Nso Group, Jonathon Penney, Bruce Schneier
Articles, Book Chapters, & Popular Press
End-to-end encryption technology has gone mainstream. But this wider use has led hackers, cybercriminals, foreign governments, and other threat actors to employ creative and novel attacks to compromise or workaround these protections, raising important questions as to how the Computer Fraud and Abuse Act (CFAA), the primary federal anti-hacking statute, is best applied to these new encryption implementations. Now, after the Supreme Court recently narrowed the CFAA’s scope in Van Buren and suggested it favors a code-based approach to liability under the statute, understanding how best to theorize sophisticated code-based access barriers like end-to-end encryption, and their circumvention, is now …
International Application Of Cfaa: Scraping Data Or Scraping Law?, King Fung Tsang
International Application Of Cfaa: Scraping Data Or Scraping Law?, King Fung Tsang
Saint Louis University Law Journal
Web scraping has resulted in a growing number of civil litigations internationally, including claims under the Computer Fraud and Abuse Act (“CFAA”) in the United States. With the Supreme Court’s first ever decision on the CFAA, in Van Buren v. United States, and its granting of LinkedIn’s petition for certiorari in June 2021, the CFAA is expected to attract even more interest among scholars and practitioners. However, little attention has been given to its cross-border ramifications. Cases show that U.S. courts are more than willing to apply the CFAA extraterritorially, even though their analyses are often flawed. In addition, …