Aaron projects/CFAA

Let's prepare for a full repeal of the CFAA and replacement with sane law. How would we construct good law in these areas, from scratch?

Overview

The CFAA was developed over time as a merger of ~7 different areas of law. It has developed in an aggregate way, and few groups are happy with the current law. It is so broad that prosecutors like it because they can use it to force plea bargains, since it applies to almost everything in its sphere of action (relying on prosecutorial judgement).

Different parts of the story: National defense, cyber war, data sec, corporate law, contracts online. Authorization based on code, contract, social norms. Legal frameworks used to push political means. Career standards for prosecutors defined in political ways.

Details

Aspects of the search:

• "Advanced technical crime" -- The deployment of the SS was a bit peculiar; but they were the only fed. agents trained in what they were looking for.

Civil rights concerns

• Part of the prosecution that was particularly troubling: at one point in the invest., it felt that they were keeping the prosecution going b/c they'd spent so much time bringing it along. There was no will from victims to keep it going, and not necc. any other desire, but the prosecutors for their own reason wanted conclusion.

  Suggestion: employ economists to remind people of sunk costs