Gone Too Far: The Computer Fraud & Abuse Act, Online Trespass to Chattels

Presentation about the problems of online trespass to chattels (Eric Goldman, 8 Oct 2013) – You may recall my prior post where I outlined my conceptual objections to online trespass to chattels doctrines, including the common law, the Computer Fraud & Abuse Act and state computer crime laws like California Penal Code Sec. 502. As I outline in that post, I don’t think nibbling around the edges with CFAA reform is very helpful. Instead, I challenge the basic premise that sending electronic signals to a remote computer is a chattel “use.” If we follow the logic of that revised premise, most of the online trespass to chattels doctrines simply go away. I think this issue is so important that I put together a “stump speech,” replete with my signature use of Microsoft clipart. Last month, I gave this talk for the first time at the Utah State Bar Cyberlaw Section’s “i-Symposium” in Lehi, Utah. The talk recording ( download ) and accompanying PowerPoint slides ( download ) are available in the HTLI iTunesU page 

Courtesy of MIRLN.

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