Lori Drew Case Decided

The Lori Drew case has finally been decided.  Background about the case is here.  In previous posts (here and here), I argued that the CFAA should be held to be unconstitutionally vague.

In an opinion released on August 28, Judge George Wu struck down, on unconstitutional vagueness grounds, the prosecution’s attempt to enforce violations of website terms of service as crimes under the Computer Fraud and Abuse Act (CFAA):

[I]f any conscious breach of a website’s terms of service is held to be sufficient by itself to constitute intentionally accessing a computer without authorization or in excess of authorization, the result will be that section 1030(a)(2)(C) becomes a law “that affords too much discretion to the police and too little notice to citizens who wish to use the [Internet].” City of Chicago [v. Morales], 527 U.S. [41] at 64 [(1999)].

Congratulations to Orin Kerr, who assisted in the defense, and who is cited numerous times throughout the court’s opinion.

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