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Privacy & Cybersecurity Update - June 2021 | Skadden, Arps, Slate, Meagher & Flom LLP
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DOJ Enforcement Powers Limited After Van Buren Supreme Court Case
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Van Buren v. United States, No. 19-783, 2021 WL 2229206 (U.S. 2021)
Overview
On June 3, 2021, the Supreme Court issued an opinion reversing the Eleventh Circuit’s holding that former police sergeant Nathan Van Buren had violated the Computer Fraud and Abuse Act of 1986 (CFAA) by accessing the law enforcement database to obtain information in exchange for money. In a 6-3 majority decision, the Court found that the CFAA does not apply to situations where a person, who has authorization to access information for work purposes, accesses that information for improper purposes.
Background
Congress had passed the CFAA, codified at 18 U.S.C. § 1030, in response to a series of highly publicized hackings due to the technological advances brought at the dawn of the 1980s. The CFAA makes it illegal for anyone who “intentionally accesses a computer without authorization or exceeds authorized access,” and thereby obtains information in the computer. 18 U.S.C. § 1030(a)(2). The phrase
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