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To address hacking, Congress enacted the Computer Fraud and Abuse

July 24, 2022

To address hacking, Congress enacted the Computer Fraud and Abuse Act (CFAA) in 1986 as an amendment to the first federal computer fraud law. Over the years, it has been amended several times, most recently in 2008, to cover a broad range of conduct far beyond its original intent. The CFAA prohibits intentionally accessing a computer without authorization or in excess of authorization, but fails to define what “without authorization” means. With harsh penalty schemes and malleable provisions, it has become a tool rife with opportunities for abuse and use against nearly every aspect of computer activity.

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Describe how, as technology advances, the use of the criminal law to regulate conduct using such technology also advances.

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