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 the Computer Fraud and Abuse Act (“CFAA”) is void for vagueness. This Article argues that... Read More
A Code-Based Approach to Unauthorized Access Under the Computer Fraud and Abuse Act
Patricia L. Bellia 84 Geo. Wash. L. Rev. 1442 Thirty years ago, Congress passed the Computer Fraud and Abuse Act (“CFAA”) to combat the emerging problem of computer crime. The statute’s core prohibitions targeted one who “accesses” a computer “without authorization” or who “exceeds authorized access.” Over time, the incremental statutory changes and large-scale technological... Read More
Keynote Address – Hacking into the Computer Fraud and Abuse Act: The CFAA at 30
Senator Sheldon Whitehouse 84 Geo. Wash. L. Rev. 1437 It is a pleasure to be here today to participate in a discussion about the future of the Computer Fraud and Abuse Act (“CFAA”). Now in its thirtieth year, the CFAA has never been more important or controversial than it is today. As a nation, we... Read More
Summary of On the Docket’s Fall 2016 Discussion with Paul Clement: Bethune-Hill v. Virginia State Board of Elections and McCrory v. Harris
On October 25, The George Washington Law Review’s On the Docket was privileged to host a conversation between former Solicitor General of the United States Paul Clement and Dean Alan Morrison of The George Washington Law School.* The event centered on two redistricting cases that Mr. Clement is arguing before the Supreme Court in early... Read More
Confirming Circuit Judges in a Presidential Election Year
Professor Carl Tobias · October 2016 84 Geo. Wash. L. Rev. Arguendo 161 Over 2016, President Barack Obama tapped accomplished, mainstream candidates for seven of twelve federal appeals court vacancies. Nevertheless, the Senate Judiciary Committee has furnished a public hearing and vote for merely three nominees and did not conduct a hearing for any other... Read More
On the Docket’s Preview of November Supreme Court Arguments
As the Supreme Court enters the second month of its 2016 Term, the Senate’s refusal to consider a replacement to fill the vacancy left by Justice Scalia’s passing continues to loom prominently in the background. Perhaps fearing the possibility of tie-votes, the eight-member Court has filled its calendar with procedural disputes that may belie normal ideological divisions while conspicuously... Read More
Rethinking Law Enforcement Officers in Schools
Professor Jason P. Nance · October 2016 84 Geo. Wash. L. Rev. Arguendo 152 A recent event that occurred in a South Carolina classroom illustrates why there should be concern about assigning law enforcement officers to work in public schools. In October of 2015, a teacher called a law enforcement officer into a classroom to... Read More
On the Docket’s Preview of October Supreme Court Arguments
Welcome to the second year of On the Docket’s Supreme Court Previews! Started last year, with the Court’s October 2015 term, two members of the Law Review’s online team began writing monthly previews. Drawing from primary and secondary sources, each month the online team puts together previews of the cases that will be heard by... Read More
The FPA and the Private Right to Preempt
Matthew R. Christiansen · September 2016 84 Geo. Wash. L. Rev. Arguendo 130 The boundary between state and federal authority over the electricity sector is in flux. A host of new technologies is rapidly changing how electricity is generated and consumed. At the same time, state and federal regulators are adopting novel laws and regulations... Read More
The Constitutionality of SEC Administrative Law Judges: Exploring Hill v. SEC
Maxwell Weiss · 84 Geo. Wash. L. Rev. 1407 · There has recently been a series of challenges to the U.S. Securities and Exchange Commission’s (“SEC”) use of Administrative Law Judges (“ALJs”) to preside over enforcement actions. In one of those challenges, Hill v. SEC, Judge Leigh Martin May of the Northern District of Georgia ruled that... Read More