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THE VAGARIES OF VAGUENESS: RETHINKING THE CFAA AS A PROBLEM OF PRIVATE NONDELEGATION.

The article discusses the legal concept of vagueness in relation to private nondelegation and the U.S. Computer Fraud and Abuse Act of 1986 (CFAA) which was reportedly established as a means of combating computer hacking. The CFAA's definition of a "protected computer" is mentioned, along with misde...

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Publicado en:Harvard Law Review Vol. 127; no. 2; pp. 751 - 773
Formato: Artículo
Publicado: Harvard Law Review Association Dec2013
Materias:
Vagueness doctrine (Constitutional law)
Computer fraud laws
State statutes (United States)
Computer hacking > Law & legislation
Criminal liability
Felonies
Damages (Law)
United States
Acceso en línea:Ver este registro en EBSCOhost
Sumario:The article discusses the legal concept of vagueness in relation to private nondelegation and the U.S. Computer Fraud and Abuse Act of 1986 (CFAA) which was reportedly established as a means of combating computer hacking. The CFAA's definition of a "protected computer" is mentioned, along with misdemeanors, felonies, and the damages associated with violations of the CFAA. A rule of lenity is examined, as well as criminal liability and a void-for-vagueness legal doctrine.