[20201221]LSB10423_从Clickwrap到RAP Sheet：《计算机欺诈和滥用法案》规定的违反服务条款的刑事责任.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i From Clickwrap to RAP Sheet: Criminal Liability Under the Computer Fraud and Abuse Act for Terms of Service Violations Updated December 21, 2020 Update: On November 30, 2020, the Supreme Court held oral arguments in Van Buren v. United Statesa case that could resolve the judicial disagreement over whether the Computer Fraud and Abuse Act (CFAA) authorizes criminal liability for the violation of a terms of service agreement. Specifically, the issue before the court is whether an individual may be held criminally liable under the CFAA if he is “authorized to access information on a computer for certain purposes,” but accesses that information for unauthorized purposes. At oral argument, questioning by the Justices focused on the policy implications of interpreting the CFAA broadly or narrowly. Justices asked whether a broad interpretation would criminalize routine conduct like lying on a dating website in violation of its terms of service. Other questions focused on whether a narrow interpretation, on the other hand, could jeopardize personal privacy if, for instance, an employee might not