Day

November 16, 2016

The Failure of the Computer Fraud and Abuse Act: Time to Take an Administrative Approach to Regulating Computer Crime

Ric Simmons
84 Geo. Wash. L. Rev. 1703

Whenever a legislature creates a technology-specific crime, it faces a number of challenges. First, there is a risk that the new statute will merely duplicate existing crimes, thus over criminalizing the conduct

Regulating Software When Everything Has Software

Paul Ohm and Blake Reid
84 Geo. Wash. L. Rev. 1672

This Article identifies a profound, ongoing shift in the modern administrative state: from the regulation of things to the regulation of code. This shift has and will continue to

Authority and Authors and Codes

Michael J. Madison
84 Geo. Wash. L. Rev. 1616

Contests over the meaning and application of the federal Computer Fraud and Abuse Act (“CFAA”) expose long-standing, complex questions about the sources and impacts of the concept of authority in law

Measuring Computer Use Norms

Matthew B. Kugler
84 Geo. Wash. L. Rev. 1568

Unauthorized use of computer systems is at the core of computer trespass statutes, but there is little understanding of where everyday people draw the line between permissible and impermissible computer use.

Consenting to Computer Use

James Grimmelmann
84 Geo. Wash. L. Rev. 1500

The federal Computer Fraud and Abuse Act (“CFAA”) makes it a crime to “access[] a computer without authorization or exceed[] authorized access.” Courts and commentators have struggled to explain what types of

A Trespass Framework for the Crime of Hacking

Josh Goldfoot & Aditya Bamzai
84 Geo. Wash. L. Rev. 1477

Computer crime statutes prohibit accessing a computer without “authorization.” In recent years, this element has attracted considerable controversy, with some courts expressing concern that “authorization” is so indeterminate that