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CRIMINALIZING HACKING, NOT DATING: RECONSTRUCTING THE CFAA INTENT REQUIREMENT - {Dubstowel}

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 							Abstract:
  Cybercrime is a growing problem in the
United States and worldwide. Many questions remain unanswered as to the proper role and scope of criminal law in
addressing socially undesirable actions affecting and conducted through the use of computers and modern information
technologies. This Article tackles perhaps the most exigent question in U.S. cybercrime law--the scope of activities
that should be subject to criminal sanction under the Computer Fraud and Abuse Act (CFAA), the federal antihacking
statute. At the core of current CFAA debate is the question of whether private contracts, such as website terms of use
or organizational acceptable use policies should be able to define the limits of authorization and access for purposes
of criminal sanctions under the CFAA. Many scholars and activists argue that such contracts should not, because they may
result in ridiculous consequences such as the criminalization of misrepresenting one's desirability on an online dating
website. Critics of such arguments rebut that failing to allow contract-based restrictions opens the door for hackers to
engage in many types of disfavored activity not otherwise subject to criminal sanction. This Article examines the
tension between these two positions, both from the standpoint of current U.S. jurisprudence and scholarship, and from
the standpoint of the respective purposes of criminal and tort law in deterring and punishing socially undesirable
behavior. The Article concludes by proposing a legislative revision to the CFAA's mens rea element that substantially
mitigates the risk of overbroad criminalization while leaving intact the ability of the law to deter and punish the most
serious acts affecting and utilizing computers. [ABSTRACT FROM AUTHOR]
  
  How to Cite:
  APA:
  THAW, D. (2013). CRIMINALIZING HACKING, NOT DATING:
RECONSTRUCTING THE CFAA INTENT REQUIREMENT. Journal Of Criminal Law & Criminology, 103(3), 907-948.
 
AMA:
  THAW D. CRIMINALIZING HACKING, NOT DATING: RECONSTRUCTING THE CFAA INTENT REQUIREMENT. Journal Of
Criminal Law & Criminology [serial online]. Summer2013 2013;103(3):907-948. Available from: Academic Search
Complete, Ipswich, MA. Accessed November 15, 2015.
  Harvard:
  THAW, D 2013, 'CRIMINALIZING HACKING,
NOT DATING: RECONSTRUCTING THE CFAA INTENT REQUIREMENT', Journal Of Criminal Law & Criminology, 103, 3, pp. 907-948,
Academic Search Complete, EBSCOhost, viewed 15 November 2015. 						

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