EFF, Orin Kerr Ask The Supreme Court To Prevent Turning The CFAA Into A Convenient Way To Punish Site Users, Security Researchers

EFF, Orin Kerr Ask The Supreme Court To Prevent Turning The CFAA Into A Convenient Way To Punish Site Users, Security Researchers

4 years ago
Anonymous $qOHwDUKgAF

https://www.techdirt.com/articles/20200709/17302644876/eff-orin-kerr-ask-supreme-court-to-prevent-turning-cfaa-into-convenient-way-to-punish-site-users-security-researchers.shtml

As we reported here earlier, the Supreme Court is examining a CFAA case that could have far-reaching implications for… well, just about anyone who uses any online service, website, platform, or device. The case deals with a cop who abused his access privileges to run unapproved searches of government databases in exchange for cash. Obviously, this is far from an ideal case to argue against overbroad readings of an overbroad law. But, given the abuses perpetrated under this law, non-ideal cases will have to do if we don't want to be turned into criminals by generous judicial interpretations of the phrase "unauthorized access."

Plenty of people and entities are lobbing briefs in the Supreme Court's direction, begging it to avoid criminalizing activities honest Americans participate in every day. It's not just about security research. But it definitely does affect researchers -- both those engaging in normal security research efforts, and those ignoring websites' terms of service in attempts to determine whether sites engage in biased practices.