DOJ Issues New Guidance for Charging CFAA Cases
In a significant development in anti-hacking criminal enforcement, the Department of Justice last week released new guidance for charging violations of the Computer Fraud and Abuse Act (“CFAA”), the nation’s premier computer crime law. Coming on the heels of a series of closely-watched legal decisions, including the Supreme Court’s 2021 decision in Van Buren v. United States, No. 19-783, the guidance clarifies the Department’s priorities for CFAA-related criminal prosecutions and seeks to create nationwide uniformity in charging decisions. In the newly-released policy, the Department makes clear its position that CFAA prosecutions should focus on unauthorized cyber intrusions made in bad faith—rather than hyper-technical or hypothetical violations of the law.