Examining the Federal Computer Fraud and Abuse Act

This course provides information and analysis of the federal Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. §1030.  The course will describe the essential elements of the offense, as well as judicial interpretations and limitations, including two recent Supreme Court opinions that have refined the scope of the statute.  The course will cover common applications of the CFAA, as well as novel and/or expansive applications - and the courts' reaction to them.  The course will also examine potential legal and factual defenses, and the resources (i.e., experts) necessary to present such defenses.  The course will conclude with a basic calculation of the U.S. Sentencing Guidelines for a CFAA conviction.

Learning Objectives:

1. Evaluate the Background of the CFAA
2. Explore Essential Elements of a CFAA Charge
3. Analyze The Two Principal Supreme Court Cases
4. Examine Other Important Judicial Interpretations of the CFAA
5. Identify Common and Uncommon Applications of the CFAA
6. Discuss Potential Defenses and Necessary Resources
7. Review Sentencing Guidelines Calculation for a CFAA Conviction