A Little Late, Aaron Schwartz is Dead

The Supreme Court has finally shot down the overbroad interpretation of the Computer Fraud and Abuse Act (CFAA) that was used to prosecute Aaron Schwartz to death.

I'd say, "About f%$#ing time," but it's at least 7 years too late: 

The Supreme Court’s decision on Thursday in Van Buren v. United States provides the court’s first serious look at one of the most important criminal statutes involving computer-related crime, the federal Computer Fraud and Abuse Act. Justice Amy Coney Barrett’s opinion for a majority 0f six firmly rejected the broad reading of that statute that the Department of Justice has pressed in recent years.

Among other things, the CFAA criminalizes conduct that “exceeds authorized access” of a computer. Crucially, the statute defines that term as meaning “to access a computer with authorization and to use such access to obtain … information … that the accesser is not entitled so to obtain.” The question in Van Buren was whether users violate that statute by accessing information for improper purposes or instead whether users violate the statute only if they access information they were not entitled to obtain. In this case, for example, a Georgia police officer named Nathan Van Buren took a bribe to run a license-plate check. He was entitled to run license-plate checks, but not for illicit purposes. The lower courts upheld a conviction under the CFAA (because he was not entitled to check license-plate records for private purposes). The Supreme Court disagreed, adopting the narrower reading of the CFAA, under which it is a crime only if users access information they were not entitled to obtain.

To be clear: Van Buren should be in jail for a very long time, but his crime is violation of people's civil rights, abuse of power, and taking bribes, not computer hacking.

And Amy Coney Barret gets to the heart of the matter, that the government's position would literally make tens of millions of people unwitting felons:

Finally, Barrett turns to a topic that dominated the amicus filings and much of the time at oral argument: the “breathtaking amount of commonplace computer activity” that the Government’s reading would criminalize. For Barrett, that reality “underscores the implausibility of the Government’s interpretation,” which provides (in words Justice Elena Kagan coined in an earlier case) “extra icing on a cake already frosted.” Barrett notes that extending the statute to “every violation of a computer-use policy” would make criminals of “millions of otherwise law-abiding citizens,” offering examples of such trivial conduct as “embellishing on online-dating profile” and “using a pseudonym on Facebook” – activities that violate website use restrictions and thus would fall within the government’s understanding of the CFAA.

If there is a lesson from all of this, it is that prosecutors will take the most outrageous and extreme view of any criminal statue that they come across.

There needs to be some serious reform here.