The 1986 Computer Fraud and Abuse Act remains one of the most controversial federal tech-regulating laws on the books. The “anti-hacking” measure was meant to protect against a range of online crimes, but 30 years later there is still little consensus about what a computer crime is, and what the law actually covers. The drafting was so imprecise, it’s conceivable we are all breaking the law all the time. Courts across the country have interpreted the CFAA in a variety of contradictory ways. Meanwhile, high-profile examples of its enforcement, such as the case against Aaron Swartz for downloading millions of academic articles, have prompted the passage of new state laws as well as proposed changes to the CFAA itself. An upgrade is sorely needed.

On Thursday, Sept. 29, Future Tense and New America’s Open Technology Institute will host a lunchtime conversation in Washington, D.C., on the legacy and future of the law—and what lessons it offers for those crafting tech-related legislation. For more information and to RSVP, visit the New America website.

Participants:

Orin Kerr
Fred C. Stevenson research professor of law, George Washington University

Justin Peters
Author, The Idealist: Aaron Swartz and the Rise of Free Culture on the Internet
Correspondent, Slate

Josephine Wolff
Assistant professor of public policy, Rochester Institute of Technology
Faculty associate, Harvard Berkman Center for Internet and Society
Fellow, New America Cybersecurity Initiative

Moderator:
Robyn Greene
Policy counsel and government affairs lead, New America’s Open Technology Institute