DOJ Releases 2014 Memo Used by Prosecutors to Determine CFAA Charges
Federal prosecutors used a 2014 memo to determine when to open an investigation or charge an individual under the anti-hacking Computer Fraud and Abuse Act (CFAA), said DOJ, releasing the document in a Tuesday blog post. The department said prosecutors…
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must consider several factors "to ensure that charges are brought only in cases that serve a substantial federal interest." Among the factors listed are: sensitivity of an affected computer system or information and the likelihood and extent of damage to a system or unauthorized access of the data; degree of damage to a system or access to data regarding national security, critical infrastructure, public health and safety, market integrity, international relations or other economic and national interests; how it may relate to a larger crime or threat to national security; impact of a crime on victims and others; and whether a defendant knowingly violated restrictions or altered computer data. Justice said prosecutors must consult the Computer Crime and Intellectual Property Section, among others, before bringing CFAA charges. Civil liberties groups are lobbying Congress to revise the 30-year-old statute because they allege government prosecutors are overcriminalizing routine behaviors (see 1609130012). CFAA was invoked in a recent lawsuit by Rep. Mike Honda, D-Calif., in a congressional race against Democratic challenger Ro Khanna (see 1610110003).