Intellectual Property Law Questions Answered

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Why might the CFAA now have less scope of protection?

The Supreme Court significantly narrowed the reach of the CFAA in Van Buren v. United States. The CFAA’s narrow reading means:

  • that the CFAA no longer applies to a person who had authorized access but was using it for an unauthorized purpose;

  • that data-scraping bots may be immune to the CFAA now; and

  • companies and organizations may have to rely on other means like terms of use/terms of service to protect their systems.

Read about the Supreme Court’s decision finding “authorized access” to have a narrower scope.