The United States Court of Appeals for the Second Circuit issued an opinion rejecting the government’s attempt to hold an employee criminally liable under the federal hacking statute—the Computer Fraud and Abuse Act (“CFAA”)—for violating his employer-imposed computer use restrictions. The decision is important because it ensures that employers and website owners don’t have the power to criminalize a broad range of innocuous everyday behaviors, like checking personal email or the score of a baseball game, through simply adopting use restrictions in their corporate policies or terms of use.
The court also ruled that the government cannot hold people criminally liable on the basis of purely fantastical statements they make online—i.e., thoughtcrime.
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