While I agree with the author that it is undoubted...

2008-11-14T00:28:00.000-05:00

While I agree with the author that it is undoubtedly time for our domestic and international laws to catch-up with cyber crimes in our ever-advancing technological world, I would question whether any broadening of the CFAA in this context is necessary.

Reiterated in my article below, the CFAA was enacted with the Congressional intent to protect Government and financial computer systems. Broadening the CFAA to include personal email protection might be beyond the original purpose and intent of the Act.

Furthermore, it is not necessary for federal prosecutors to stretch the CFAA to prosecute David Kernell. Rather, prosecutors can look to the Electronic Communications Privacy Act (ECPA) to charge Kernell. Congress passed the ECPA specifically to afford privacy protection of electronic communications to any person aggrieved by violations within the Act. Under Title I of the ECPA, the Wiretap Act makes it a criminal offense to intentionally intercept any electronic communication. 18 U.S.C. § 2511(1)(a). Under Title II of the ECPA, the Stored Communications Act, anyone who "intentionally accesses without authorization…an electronic communication service…and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage…shall be punished." 18 U.S.C. § 2701(a). David Kernell’s action clearly falls within the violations listed in the ECPA. Whether Congress should modernize the ECPA to fit our current times is a question I’ll leave open in this comment. Regardless of the answer, the ECPA still remains a better tool for prosecutors to deal with Palin’s personal email fiasco than the CFAA.

Comments on The MTTLR Blog: Palin Email Hack - Time to Update and Expand the C...

While I agree with the author that it is undoubted...