Ben Monarch, a University of Kentucky College of Law student, has an article that he has uploaded to SSRN that calls for amendments to the Computer Fraud and Abuse Act (CFAA) to recognize hacktivism as a defense. Monarch argues that the U.S. “application of the CFAA and (attempted) simultaneous adherence to Article 19 of the International Covenant on Civil and Political Rights (“ICCPR”) and Article 19 of the Universal Declaration of Human Rights (“UDHR”) are inconsistent.”
Here’s the Abstract:
“Hacker” is an extremely opaque, arguably insidious word. It conjures images of a computer mastermind with an appetite for destruction, theft, and a cocktail of illegal ambitions. This stereotype leaves little room for images of moral crusaders in the tradition of Martin Luther King, Jr. or Mahatma Ghandi. Yet, there are hackers who more closely resemble such icons than the cyber-criminals often associated with the hacker moniker. These other hackers have their own label — hacktivists. This article explores the role of hacktivists in democracy and discusses domestic laws that make hacktivist activities illegal. The article further explores how these restrictive laws are inconsistent with democratic tradition and international law, and how domestic law should be reformed to eliminate this inconsistency.
Of course, that might assume that federal prosecutors and those who wish to use the CFAA for civil litigation actually give a damn about the ICCPR and UDHR. Those arguing for amendments to CFAA seem more inclined to consider exemptions for journalists and researchers than for those engaging in political protest.
You can download Monarch’s full article for free at SSRN.
Reference:
Monarch, Ben, The Good Hacker: A Look at the Role of Hacktivisim in Democracy (May 8, 2015). Available at SSRN: http://ssrn.com/abstract=2649136 or http://dx.doi.org/10.2139/ssrn.2649136