DOJ Issues New Policy on CFAA Prosecutions

The Department of Justice updated its policy regarding charging violations under the Computer Fraud and Abuse Act. This is the first update to the DOJ’s policy since 2014, and it is effective immediately. The policy states that all federal prosecutors who wish to charge cases under the CFAA must follow the new policy and consult with the Criminal Division’s Computer Crime and Intellectual Property Section before bringing any charges. Importantly, the policy delineates what activities should not be criminal violations of the CFAA and emphasizes that DOJ’s “goals for CFAA enforcement are to promote privacy and cybersecurity by upholding the legal right of individuals, network owners, operators, and other persons to ensure the confidentiality, integrity, and availability of information stored in their information systems.”

Source:

• Arnold & Porter: DOJ Issues New Policy on CFAA Prosecutions