Computer Fraud Defense

The CFAA criminalizes various forms of unauthorized computer access and misuse. Key provisions include: • Accessing a computer without authorization to obtain classified information • Accessing a computer without authorization to obtain financial records or consumer data • Intentionally accessing a protected computer without authorization • Knowingly transmitting malicious code causing damage • Trafficking in passwords or similar access credentials Penalties can range from misdemeanors to serious felonies depending on the conduct alleged and any prior convictions.

Effective CFAA defense often involves challenging: • Authorization: Was access truly "unauthorized" or "exceeding authorized access"? • Intent: Did the defendant have the required mental state? • Damage calculations: Are the alleged damages properly calculated? • Constitutional issues: Were search and seizure procedures proper? • Technical evidence: Is the forensic evidence reliable?

Federal law defines "protected computer" broadly to include any computer: • Exclusively used by the federal government • Used by financial institutions • Used in or affecting interstate or foreign commerce In practice, virtually any computer connected to the internet can be considered a "protected computer" under federal law.