Why might the CFAA now have less scope of protection?

IP Litigation
Written By Klemchuk LLP

The Supreme Court significantly narrowed the reach of the CFAA in Van Buren v. United States. The CFAA’s narrow reading means:

  • that the CFAA no longer applies to a person who had authorized access but was using it for an unauthorized purpose;

  • that data-scraping bots may be immune to the CFAA now; and

  • companies and organizations may have to rely on other means like terms of use/terms of service to protect their systems.

Read about the Supreme Court’s decision finding “authorized access” to have a narrower scope.

Klemchuk LLP

This blog is published by Klemchuk LLP, a litigation, intellectual property, transactional, and international business law firm dedicated to protecting innovation. The firm provides tailored legal solutions to industries including software, technology, retail, real estate, consumer goods, ecommerce, telecommunications, restaurant, energy, media, and professional services.

The firm publishes Ideate, a blog discussing the latest news and insights into intellectual property law, business, and culture.

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