Allowing companies an exception to the CFAA really would turn the Internet into the Wild West.
FORBES: Caution: Active Response to Cyber Attacks Has High Risk
Note: without dealing with analogous state laws, reforming the CFAA is an incomplete solution.
FORBES: The Computer Fraud and Abuse Act Is a Failed Experiment
The government indicted Swartz for violating the CFAA and the wiretapping statute.
FORBES: How Congress Can Create A Lasting Legacy For Aaron Swartz
To this day, the CFAA serves the useful purpose of criminalizing the act of breaking into a computer system to commit fraud or theft.
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The CFAA has been on the books since 1986 and its intent is to protect the confidentiality, integrity and availability of data and systems.
FORBES: How Congress Can Create A Lasting Legacy For Aaron Swartz
Forced tracking and attacking (levels 2-4) violate U.S. federal law, the Computer Fraud and Abuse Act (CFAA), which criminalizes unauthorized access to systems and data.
FORBES: Caution: Active Response to Cyber Attacks Has High Risk
The CFAA and state computer crime laws initially were designed to restrict hackers from breaching computer security a sensible objective that, as I discuss below, should be preserved.
FORBES: The Computer Fraud and Abuse Act Is a Failed Experiment
After downloading millions of academic papers from the online service JSTOR, Swartz was prosecuted under the Computer Fraud and Abuse Act (CFAA) and faced up to 35 years in prison.
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Based on this understanding of the facts, it is likely that Swartz violated several provisions of the CFAA. At the simplest level, he exceeded his authorized access of the JSTOR database.
FORBES: How Congress Can Create A Lasting Legacy For Aaron Swartz
Some also have suggested Letters of Marque might be a legal mechanism for such action (which are like a government license to take actions attacking or capturing enemies) or providing an exemption from the CFAA to go after attackers.
FORBES: Caution: Active Response to Cyber Attacks Has High Risk
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Congress would be doing a disservice to the legacy of Aaron Swartz if it simply focused on the CFAA and the conduct of the prosecutors in this case, rather than using this as an opportunity to evaluate the entire federal criminal system.
FORBES: How Congress Can Create A Lasting Legacy For Aaron Swartz
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