

Orin Kerr's Proposed Amendments to the CFAA - othermaciej
http://www.volokh.com/2013/01/20/proposed-amendments-to-18-u-s-c-1030/

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othermaciej
Prof. Kerr doesn't explicitly mention it, but this amended version of the
statute would likely have made Aaron Swarz's conduct in the MIT/JSTOR case not
chargeable as a felony by removing or raising the bar for many of the felony
enhancements. (The federal definition of a felony is a crime that carries a
maximum penalty of more than a year so this is a little obscure.)

It would likely restore sanity to many other questions of computer crime law
as well by requiring circumvention of a technological measure to count as
unauthorized access, rather than merely exceeding the TOS.

Supporting reforms like this seems like a potentially very meaningful way to
channel the anger at Aaron's treatment.

