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While efforts to quickly remove the photos were not particularly effective, there have been two convictions under the CFAA. Apparently, most of the photos were obtained as a result of at least two, apparently independent, phishing scams whereby the hackers convinced the celebrities to divulge username and password information.
Most of his cases involve the CFAA, a 1984 law reportedly passed after President Ronald Reagan watched WarGames--the 1983 thriller in which a teenage Matthew Broderick hacks into the mainframe controlling America's nukes.
(65) Even if the CFAA provided social media companies a basis
Judge Reinhardt began his dissenting opinion by stating "this case is about password sharing" (95) and that he did not believe the CFAA should be used to criminalize password sharing.
Hacking back, also known as "cybervigilantism," remains illegal under the CFAA. It should be noted that even taking back your companies' stolen data stored on an unprotected third-party server is a violation.
CFAA's authors understood that even if they explicitly banned the hacking techniques of the time, these prohibitions would swiftly be overtaken by advances in technology, leaving future prosecutors scrounging for legal theories again.
They argue that the vagueness and breadth of the CFAA has led to some prosecutors defining as crimes acts that are merely violations of a website's terms of service.
Currently, federal legislation governing digital assets consists of two federal laws: the SCA and CFAA. (26) In 1986, Congress passed the Electronic Communications Privacy Act (ECPA), which included the SCA.
Possible steps include making clear that the CFAA should not be read extraterritorially to prohibit foreign companies from undertaking countermeasures against other foreign targets on behalf of US companies and considering the cir cumstances in which the US government might--as provided for under CFAA--authorize private actors to take countermeasures.
Narrow Construction of CFAA CONCLUSION: A LIMITED ROLE FOR CYBERCRIME LIABILITY "[T]he majority of [cybercrime] cases still involve 'classic' hacking activities." --Pacific Aerospace (A Electronics, Inc.
One such amendment, the National Information Infrastructure Protection Act, enacted in 1996, (8) significantly amended the CFAA. Its definition of a "protected computer" was expanded essentially to cover any computer connected to the Internet.