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Elkan Abramowitz and Jonathan Sack Elkan Abramowitz and Jonathan Sack

The Computer Fraud and Abuse Act (CFAA) is the sort of broadly worded criminal statute which gives white-collar prosecutors considerable power—and makes defense counsel and judges uneasy. The law prohibits obtaining information by “access[ing] a computer without authorization or exceed[ing] authorized access.” Computer hacking—“access[ing] a computer without authorization”—clearly violates the law. But the meaning of the other operative words, “or exceed[ing] authorized access,” is not so clear.

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