Symposium 2015 | Hacking into the CFAA

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With our co-host Professor Orin Kerr, The George Washington Law Review is proud to present a thorough discussion of the Computer Fraud & Abuse Act (CFAA) in celebration of its Thirtieth Anniversary. Important questions about the CFAA persist today including its potential overbreadth. Fundamentally, we asked whether a 20th Century statute can resolve the rapidly evolving computer crimes of the 21st Century. Our participants thoughtful answers will be published in The George Washington Law Review’s special symposium issue, Volume 84, Issue 6 (forthcoming, 2016). Thank you to all the panelists for their impressive contributions to this important subject. A special thank you to Professor Orin Kerr for co-hosting this Symposium with The George Washington Law Review. This event could not have occurred without the exemplary leadership of Maxwell Weiss, Senior Projects Editor, and the hard work of Carolyn Harris, Michelle Seares, Vladimir Semendyai, Alexandra Saper.

Keynote and Articles

Panel Summaries

Panel 1: “What is Unauthorized Access: Part 1”

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12 Nov 2015
After the opening remarks by David Bitkower, The George Washington Law Review Symposium’s first Panel addressed the question: “What is Unauthorized Access?” The name of the panel references the language of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030(a), which prohibits anyone from “access[ing] a computer without authorization or exceeding authorization.” An enduring question regarding the CFAA is how to define “unauthorized access.” Matthew Kugler, Aditya Bamzai, and Josh Goldfoot discussed two potential approaches to resolving that question, while Ric Simmons acted as moderator. Mr. Kugler, Law Clerk to Judge Richard Posner of the Seventh Circuit, spoke...
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Panel 2: What is Unauthorized Access? Part 2

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12 Nov 2015
We were delighted to continue our conversation on unauthorized access under the CFAA with three esteemed academics: Patricia Bellia, Professor of Law at Notre Dame Law School, Michael J. Madison, Professor of Law at Pitt Law, and James Grimmelmann, Professor of Law at Maryland Law. Professor Paul Ohm of Georgetown Law, who later shared his views on proposed changes to the CFAA during Panel 4, deftly moderated Panel 2. In fairly stark contrast to our discussion of the CFAA in the context of broad social and psychological norms surrounding computer fraud during Panel 1, Professor Bellia kicked off Panel 2...
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Panel 3: The Debate Over United States v. Nosal

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12 Nov 2015
If any of the panels can be said to have been adversarial in what was a largely congenial symposium, it was surely the third. While this wasn’t entirely unexpected (“debate” was in the title of the panel, after all), the articles that the two panelists’ submitted didn’t represent diametrically opposing views. But, as is all too often the case when pulling meaning from the scattered records of lawmakers from a previous generation, the two men’s positions were based on very different ideas of what precisely Congress intended the Computer Fraud and Abuse Act (CFAA) to do. The Ninth Circuit’s 2012...
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Panel 4: Beyond Authorization: Proposed Changes to the CFAA

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12 Nov 2015
Our final panel looked beyond the question of authorization in order to propose reforms to the Computer Fraud and Abuse Act (CFAA) and discuss its broader regulatory consequences. We featured the following distinguished panelists: Orin Kerr, Fred. C. Stevenson Research Professor of Law, The George Washington University Law School; Ric Simmons, Chief Justice Thomas J. Moyer Professor for the Administration of Justice and Rule of Law, Ohio State Law School; Michael Levy, Chief, Computer Crimes Section, U.S. Attorney’s office for the Eastern District of Pennsylvania; and Paul Ohm, Professor of Law, Georgetown Law. Trespass, Not Theft: Rethinking Sentencing Under the...
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Observations on Hacking into the Computer Fraud and Abuse Act

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16 Nov 2015
On November 6, 2015, The George Washington Law Review hosted its annual symposium, this year entitled “Hacking into the Computer Fraud and Abuse Act: The CFAA at 30.” The CFAA is the acronym for 18 U.S.C § 1030, the Computer Fraud and Abuse Act.  The CFAA was created thirty years ago to help combat a new wave of computer crimes that was beginning to become more prevalent as technology became an increasingly integral part of our society.  David Bitkower, Principal Deputy Assistant Attorney General of the Criminal Division at the Department of Justice offered opening remarks. Mr. Bitkower’s opening remarks...
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Panel Video Recordings

Panel 1: What is Unauthorized Access: Part 1
Featuring Matthew Kugler, Aditya Bamzai, and Josh Goldfoot

 


Panel 2: What is Unauthorized Access: Part 2
Featuring Patricia Bellia, Michael J. Madison, and James Grimmelmann

 


Panel 3: The Debate Over United States v. Nosal
Featuring Jonathan Mayer and William Hall, Jr.

 

Panel 4: Beyond Authorization: Proposed Changes to the CFAA
Featuring Orin Kerr, Ric Simmons, Michael Levy, and Paul Ohm

 

An Introduction to the Computer Fraud and Abuse Act
Featuring Paul Ohm

Schedule of Events

Time Event Room
8:30 AM Registration & Breakfast Kelly Lounge
9:15 AM Opening Remarks: Welcome by Professor Bradford Clark
Keynote Address by David Bitkower, Principle Deputy Assistant Attorney General, Criminal Division, U.S. Department of Justice		 Moot Court Room
10:00 AM PANEL 1: What is Unauthorized Access? Part 1: Matthew Kugler, Josh Goldfoot, Aditya Bamzai Moot Court Room
10:50 AM PANEL 2: What is Unauthorized Access? Part 2: Patricia L. Bellia, Michael J. Madison, James Grimmelman Moot Court Room
12:20 PM Lunch Law Learning Center
2:00 PM PANEL 3: The Debate over United States v. Nosal: William A. Hall & Jonathan Mayer Moot Court Room
3:05 PM PANEL 4: Beyond Authorization: Proposed Changes to the CFAA: Orin Kerr, Ric Simmons, Michael Levy, Paul Ohm Moot Court Room
4:45 PM Reception Tasher Great Room

 

See the Full Brochure for More Information on Panels, Participants, and Forthcoming Articles.