DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Today’s Award for the Silliest Theory of the Computer Fraud and Abuse Act

Posted on January 14, 2011 by Dissent

Orin Kerr, a law professor and former attorney in the DOJ who worked in the computer crimes division, has a commentary on a lawsuit involving CFAA claims that’s interesting in terms of defining the scope of what the Computer Fraud and Abuse covers – and shouldn’t cover:

Today’s Award for the Silliest Theory of the Computer Fraud and Abuse Act

…goes to the arguments made by Sony’s lawyers in a complaint and motion for a TRO in a recently-filed civil case: Sony Sues PS3 Hackers. The argument: You’re guilty of felony computer hacking crimes if you access your own computer in a way that violates a contractual restriction found in the fine print of the licensing restriction of the product imposed by the manufacturer.

I realize the complaint characterizes the defendants as hackers, and the CFAA is supposed to be about hacking. But think for a moment about the nature of this claim. You bought the computer. You own it. You can sell it. You can light it on fire. You can bring it to the ocean, put it on a life raft, and push it out to sea. But if you dare do anything that violates the fine print of the license that the manufacturer is trying to impose, then you’re guilty of trespassing onto your own property. And it’s not just a civil wrong, it’s a crime.

Read more on The Volokh Conspiracy.

Category: Commentaries and AnalysesFederalLegislation

Post navigation

← Recent OSU computer system hack leaves students susceptible
6,500 Blues members’ personal info exposed (updated) →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • IMPACT: 170 patients harmed as a result of Qilin’s ransomware attack on NHS vendor Synnovis
  • DOJ’s Data Security Program: Key Compliance Considerations for Impacted Entities
  • UBS reports data leak after cyber attack on provider, client data unaffected
  • Scania confirms insurance claim data breach in extortion attempt
  • Cybersecurity takes a big hit in new Trump executive order
  • Episource notifying 5.4 million patients of cyberattack in January
  • Investigation of 2024 Helsinki data breach – Report
  • Major trial underway for data leak that left 72,000 victims in France
  • Anubis: A Closer Look at an Emerging Ransomware with Built-in Wiper
  • HealthEC Agrees to $5.48 Million Settlement to End Data Breach Lawsuit

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • DOJ’s Data Security Program: Key Compliance Considerations for Impacted Entities
  • 23andMe fined £2.31 million for failing to protect UK users’ genetic data
  • DOJ Seeks More Time on Tower Dumps
  • Your household smart products must respect your privacy – including your air fryer
  • Vermont signs Kids Code into law, faces legal challenges
  • Data Categories and Surveillance Pricing: Ferguson’s Nuanced Approach to Privacy Innovation
  • Anne Wojcicki Wins Bidding for 23andMe

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.