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ACLU Goes After 'Overbroad' Computer Fraud and Abuse Act

The act makes it illegal to violate a website's terms of service.

 & Tom Brant Managing Editor

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The Computer Fraud and Abuse Act has generated a lot of controversy since it became law in 1986, and this week the ACLU filed a lawsuit that challenges what it sees as the law's overbroad prohibitions.

The act forbids people from "exceed[ing] authorized access" to a computer, which technically means that any violation of a tech company's terms of service is illegal. If you've ever created multiple accounts for a website, for instance, or perhaps used a different name to register for an online service, you might be in violation.

The problem, according to ACLU, is that the CFAA also restricts their research. "The plaintiffs are academic researchers, computer scientists, and journalists who wish to investigate companies' online practices through standard academic and journalistic techniques, but are limited by the terms of service of target websites," the organization said.

The ACLU's online techniques are analogous to tests it uses to uncover discrimination against individuals of different races attempting to secure housing and jobs, for instance, a practice that it says the courts and Congress have encouraged.

"The CFAA violates the First Amendment because it limits everyone, including academics and journalists, from gathering the publicly available information necessary to understand and speak about online discrimination," ACLU staff attorneys Esha Bhandari and Rachel Goodman wrote in a blog post.

The plaintiffs in ACLU's case are researchers from the University of Michigan, the University of Illinois, and Northeastern University, as well as First Look Media, which publishes the Intercept. The lawsuit claims that they want to investigate companies' online practices through "standard academic and journalistic techniques," but are limited by the terms of service of the websites they are targeting.

Although cases invoking the Computer Fraud and Abuse Act against academics and journalists are relatively rare, officials have used it in the past to bring charges against hackers. One hacker with ties to the Anonymous group was arrested and charged with violating the act in 2012 following his breach of intelligence company Stratfor.

In 2013, Internet activist Aaron Swartz committed suicide after his arrest and charge for allegedly downloading 4.8 million articles from the academic publisher JSTOR. His death prompted proposed legislation that would reduce the recommended sentences for violators of the act.

About Our Expert

Tom Brant

Tom Brant

Managing Editor

I’m a managing editor at PCMag.com focused on PC hardware. Reading this during the day? Then you've caught me testing gear and editing reviews of Wi-Fi routers, printers, laptops, and tons of other personal tech. (Reading this at night? Then I’m probably dreaming about all those cool products.) I’ve covered the consumer tech world as an editor, reporter, and analyst since 2015.

I've covered most major consumer tech events, including CES, Computex, Google I/O, and IFA. I've also appeared on CBS News, in USA Today, and at many other outlets to offer analysis on breaking technology news.

Before I joined the tech-journalism ranks, I wrote on topics as diverse as Borneo's rainforests, Middle Eastern airlines, and Big Data's role in presidential elections. A graduate of Middlebury College, I also have a master's degree in journalism and French Studies from New York University.

The Technology I Use

While most people buy a phone or laptop and stick with it for years, I’m lucky enough to use devices based on Android, iOS, macOS, and Windows daily as part of my job. As a result, I cycle through lots of tech in addition to my IT-issue work laptop. (Yes, that's a ThinkPad.) Personally, I’ve also owned a lot of tech products both cutting-edge and cringeworthy, from the Nintendo GameCube and the original MacBook to the Palm m105 and the CueCat.

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