Supreme Court limits reach of computer crime law

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I think the justices who dissented said it best:

"Justice Clarence Thomas dissented, in an opinion joined by Chief Justice John Roberts and Samuel Alito. They said the majority's ruling means the law would not apply to a computer technician who has authority to access a celebrity's computer to fix a defective hard drive and who then copies and leaks pictures stored on the computer.​
"Using a police database to obtain information in circumstances where that use is expressly forbidden is a crime," they said in their dissent."​

Supreme Court limits reach of computer crime law​

The court said the Computer Fraud and Abuse Act does not cover people who "have improper motives for obtaining the information that is otherwise available to them."​
June 3, 2021, 8:50 AM PDT / Updated June 3, 2021, 11:44 AM PDT​
By Pete Williams​
WASHINGTON — The Supreme Court narrowed the reach of a federal computer crime law Thursday, ruling that someone authorized to use a computer system does not violate the law when accessing data for an improper reason.​
The case involved a former police sergeant in Georgia who was offered money to look up a driver's license record. A man said he'd pay around $5,000 for information about the record of a woman he thought might be an undercover officer.​
It turned out to be an FBI sting. After the policeman used a patrol car computer terminal to look up the record, he was arrested and charged with violating the 1986 Computer Fraud and Abuse Act. That law makes it illegal "to access a computer and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter."​

May 28, 202103:23
By a 6-3 vote, the court ruled that the law covers only those who look into areas of a computer system that they're not authorized to access. It does not cover people like the police officer who "have improper motives for obtaining the information that is otherwise available to them."​
The ruling overturned the police sergeant's conviction.​
"Even though the ruling means he wasn't guilty of violating this law, he could have been charged with other crimes, such as embezzlement or theft," said Mark Rasch, a former Justice Department computer crimes prosecutor. "This law was aimed at hacking, and what the police officer did wasn't hacking,"​
The decision was written by Justice Amy Coney Barrett and joined by two of the court's other conservatives, Neil Gorsuch and Brett Kavanaugh, and its three more liberal members, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.​
Any other reading of the law, they said, would "attach criminal penalties to a breathtaking amount of commonplace computer activity," such as using a work computer to send a private e-mail.​
Rasch agreed. "The court had a choice between two readings of the statute. One would have made the majority of people who use the Internet into criminals. The other would not. It chose the latter."​
Justice Clarence Thomas dissented, in an opinion joined by Chief Justice John Roberts and Samuel Alito. They said the majority's ruling means the law would not apply to a computer technician who has authority to access a celebrity's computer to fix a defective hard drive and who then copies and leaks pictures stored on the computer.​
"Using a police database to obtain information in circumstances where that use is expressly forbidden is a crime," they said in their dissent.​
Andrew Crocker, a senior staff attorney at the Electronic Frontier Foundation, a digital rights nonprofit, praised the court's decision.​
"EFF has long fought to reform vague, dangerous computer crime laws like the CFAA," Crocker said in an emailed statement. "We're gratified that the Supreme Court acknowledged that overbroad application of the CFAA risks turning nearly any user of the internet into a criminal based on arbitrary terms of service."​
 
One thing this decision proves it the 6 republican appointees aren't joined at the hip. And I tend to agree with the decision, ambiguous laws should be stricken and congress forced to fix them. Congresscritters are a lazy bunch, the don't take the time to foresee unintended consequences.

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I think the justices who dissented said it best:

"Justice Clarence Thomas dissented, in an opinion joined by Chief Justice John Roberts and Samuel Alito. They said the majority's ruling means the law would not apply to a computer technician who has authority to access a celebrity's computer to fix a defective hard drive and who then copies and leaks pictures stored on the computer.​
"Using a police database to obtain information in circumstances where that use is expressly forbidden is a crime," they said in their dissent."​

Supreme Court limits reach of computer crime law​

The court said the Computer Fraud and Abuse Act does not cover people who "have improper motives for obtaining the information that is otherwise available to them."​
June 3, 2021, 8:50 AM PDT / Updated June 3, 2021, 11:44 AM PDT​
By Pete Williams​
WASHINGTON — The Supreme Court narrowed the reach of a federal computer crime law Thursday, ruling that someone authorized to use a computer system does not violate the law when accessing data for an improper reason.​
The case involved a former police sergeant in Georgia who was offered money to look up a driver's license record. A man said he'd pay around $5,000 for information about the record of a woman he thought might be an undercover officer.​
It turned out to be an FBI sting. After the policeman used a patrol car computer terminal to look up the record, he was arrested and charged with violating the 1986 Computer Fraud and Abuse Act. That law makes it illegal "to access a computer and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter."​

May 28, 202103:23
By a 6-3 vote, the court ruled that the law covers only those who look into areas of a computer system that they're not authorized to access. It does not cover people like the police officer who "have improper motives for obtaining the information that is otherwise available to them."​
The ruling overturned the police sergeant's conviction.​
"Even though the ruling means he wasn't guilty of violating this law, he could have been charged with other crimes, such as embezzlement or theft," said Mark Rasch, a former Justice Department computer crimes prosecutor. "This law was aimed at hacking, and what the police officer did wasn't hacking,"​
The decision was written by Justice Amy Coney Barrett and joined by two of the court's other conservatives, Neil Gorsuch and Brett Kavanaugh, and its three more liberal members, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.​
Any other reading of the law, they said, would "attach criminal penalties to a breathtaking amount of commonplace computer activity," such as using a work computer to send a private e-mail.​
Rasch agreed. "The court had a choice between two readings of the statute. One would have made the majority of people who use the Internet into criminals. The other would not. It chose the latter."​
Justice Clarence Thomas dissented, in an opinion joined by Chief Justice John Roberts and Samuel Alito. They said the majority's ruling means the law would not apply to a computer technician who has authority to access a celebrity's computer to fix a defective hard drive and who then copies and leaks pictures stored on the computer.​
"Using a police database to obtain information in circumstances where that use is expressly forbidden is a crime," they said in their dissent.​
Andrew Crocker, a senior staff attorney at the Electronic Frontier Foundation, a digital rights nonprofit, praised the court's decision.​
"EFF has long fought to reform vague, dangerous computer crime laws like the CFAA," Crocker said in an emailed statement. "We're gratified that the Supreme Court acknowledged that overbroad application of the CFAA risks turning nearly any user of the internet into a criminal based on arbitrary terms of service."​
If your worried about what's on your hard drive, do a system recovery. This will take a few hours and you have a new computer but don't save files.
 

I think the justices who dissented said it best:

"Justice Clarence Thomas dissented, in an opinion joined by Chief Justice John Roberts and Samuel Alito. They said the majority's ruling means the law would not apply to a computer technician who has authority to access a celebrity's computer to fix a defective hard drive and who then copies and leaks pictures stored on the computer.​
"Using a police database to obtain information in circumstances where that use is expressly forbidden is a crime," they said in their dissent."​

Supreme Court limits reach of computer crime law​

The court said the Computer Fraud and Abuse Act does not cover people who "have improper motives for obtaining the information that is otherwise available to them."​
June 3, 2021, 8:50 AM PDT / Updated June 3, 2021, 11:44 AM PDT​
By Pete Williams​
WASHINGTON — The Supreme Court narrowed the reach of a federal computer crime law Thursday, ruling that someone authorized to use a computer system does not violate the law when accessing data for an improper reason.​
The case involved a former police sergeant in Georgia who was offered money to look up a driver's license record. A man said he'd pay around $5,000 for information about the record of a woman he thought might be an undercover officer.​
It turned out to be an FBI sting. After the policeman used a patrol car computer terminal to look up the record, he was arrested and charged with violating the 1986 Computer Fraud and Abuse Act. That law makes it illegal "to access a computer and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter."​

May 28, 202103:23
By a 6-3 vote, the court ruled that the law covers only those who look into areas of a computer system that they're not authorized to access. It does not cover people like the police officer who "have improper motives for obtaining the information that is otherwise available to them."​
The ruling overturned the police sergeant's conviction.​
"Even though the ruling means he wasn't guilty of violating this law, he could have been charged with other crimes, such as embezzlement or theft," said Mark Rasch, a former Justice Department computer crimes prosecutor. "This law was aimed at hacking, and what the police officer did wasn't hacking,"​
The decision was written by Justice Amy Coney Barrett and joined by two of the court's other conservatives, Neil Gorsuch and Brett Kavanaugh, and its three more liberal members, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.​
Any other reading of the law, they said, would "attach criminal penalties to a breathtaking amount of commonplace computer activity," such as using a work computer to send a private e-mail.​
Rasch agreed. "The court had a choice between two readings of the statute. One would have made the majority of people who use the Internet into criminals. The other would not. It chose the latter."​
Justice Clarence Thomas dissented, in an opinion joined by Chief Justice John Roberts and Samuel Alito. They said the majority's ruling means the law would not apply to a computer technician who has authority to access a celebrity's computer to fix a defective hard drive and who then copies and leaks pictures stored on the computer.​
"Using a police database to obtain information in circumstances where that use is expressly forbidden is a crime," they said in their dissent.​
Andrew Crocker, a senior staff attorney at the Electronic Frontier Foundation, a digital rights nonprofit, praised the court's decision.​
"EFF has long fought to reform vague, dangerous computer crime laws like the CFAA," Crocker said in an emailed statement. "We're gratified that the Supreme Court acknowledged that overbroad application of the CFAA risks turning nearly any user of the internet into a criminal based on arbitrary terms of service."​
If your worried about what's on your hard drive, do a system recovery. This will take a few hours and you have a new computer but don't save files.
That's not what what the concern is here but thanks.

No what concerns me is exactly what Thomas stated "Using a police [or any other] database to obtain information in circumstances where that use is expressly forbidden is a crime" and the example they gave is one of just many scenarios where people are granted access to protected information, trusted not to abuse it and then they do exactly that after they've determined what the protocols are and how to circumvent them.

A significant portion of computer crimes and data theft is committed this way, it's not like there are no cases where this has never happened, even by police officers.
https://psmag.com/news/stalker-cop-police-protection-danger-crime-harassment-93995

Nov 6, 2014 — In another example, Lee stalked one of his victims on Facebook after he had ... rogue police officers using the power of the badge to stalk and intimidate. ... a law enforcement investigative database to “help her” solve the case, ...

PDF​
by A Klein · 2009 · Cited by 36 — Does it make any difference if police identify a domestic violence case as stalking as ... SVS also found that intimates were the most likely to be stalked, with the highest ... databases, “extrapolating from even the highest of these official data sources that ... and state law enforcement identified only 116 stalking victims in 2006 ...​

Former Irondequoit Police Officer Sentenced For Cyber ...​

https://www.justice.gov › ... › News​

Feb 1, 2018 — Judge Geraci also ordered Rosica to pay restitution to the victim totaling $2,215.76. ... his position as a police officer to access law enforcement databases ... of techniques he used to sadistically stalk and surveille his victims," ...​

Police sometimes misuse confidential work databases for ...​

https://www.cbsnews.com › news › police-sometimes-m...​

Sep 30, 2016 — DENVER -- Police officers across the country misuse confidential law enforcement ... to stalk or harass, or have tampered with or sold records they obtained. ... found law enforcement officers and employees who misused databases ... They're warned that their searches are subject to being audited and that ...​

When the Batterer Is a Law Enforcement Officer - Battered ...​

https://www.bwjp.org › assets › documents › pdfs

PDF
my ... explanation of the Illinois Domestic Violence Act and its provisions for police ... [In this manual, “police officer” has the same meaning as “law enforcement ... information, such as local, state, and national law enforcement databases (i.e., ...​
 
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One thing this decision proves it the 6 republican appointees aren't joined at the hip. And I tend to agree with the decision, ambiguous laws should be stricken and congress forced to fix them. Congresscritters are a lazy bunch, the don't take the time to foresee unintended consequences.

.
I would argue that this is all intentional, that is, to make laws ambiguous. That way the Federal government is never forced to rule one way on an issue. Instead, they can rule on a matter that best politically suits them.

SCOTUS just made it official is all.

For example, seeing democrats openly defy the laws that are plain that are already on the books is painful, like Cuomo sexually assaulting women and lying about killing people in nursing homes and trying to cover it up. The laws on the books say he should be in jail, so instead of watching Xiden get up their with a red face begging him to step down in vain, wouldn't it be better just to make laws so ambiguous that you don't actually know if he had violated any? That way Biden could openly embrace who he called a gold standard of leadership when Trump was President and not be publicly embarrassed over it.
 

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