DOJ says it will no longer prosecute good-faith hackers under CFAA
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DOJ says it will no longer prosecute good-faith hackers under CFAA
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DOJ says it will no longer prosecute good-faith hackers under CFAA
The U.S. Justice Department announced Thursday it will not bring charges under federal hacking laws against security researchers and hackers who act in good faith.
The policy for the first time "directs that good-faith security research should not be charged" under the Computer Fraud and Abuse Act (CFAA), a seismic shift away from its previous policy that allowed prosecutors to bring federal charges against hackers who find security flaws for the purpose of helping to secure exposed or vulnerable systems.
The Justice Department said that good-faith researchers are those who carry out their activity "in a manner designed to avoid any harm to individuals or the public," and where the information is "used primarily to promote the security or safety of the class of devices, machines, or online services to which the accessed computer belongs, or those who use such devices, machines, or online services."
The Computer Fraud and Abuse Act, or CFAA, was enacted in law in 1986 and predates the modern internet. The federal law dictates what constitutes computer hacking — specifically "unauthorized" access to a computer system — at the federal level. But the CFAA has long been criticized for its outdated and vague language that does little to differentiate between good-faith researchers and hackers and malicious actors who set out to extort companies or individuals or otherwise cause harm.
Last year the Supreme Court took its first look at the CFAA since the law came into force, and for the first time determined precisely what the CFAA's reading of "unauthorized" access means under the law and subsequently limited its scope, effectively eliminating an entire class of hypothetical scenarios — like violating a web service's privacy policy, checking sports results from a work computer and more recently scraping public web pages — under which federal prosecutors could have brought charges.
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