Tag: Law” | Page 23

Supreme Court Expresses Skepticism Over 1986 Computer Crime Law

December 1, 2020/in Computer Security

Illustration for article titled Supreme Court Skeptical About Law That Could Have a Chilling Effect On Security Research — Photo: Drew Angerer / Staff (Getty Images)

The Supreme Court on Monday expressed skepticism about the sweeping nature of the 1986 Computer Fraud and Abuse Act, claiming that the cybercrime law — the only one of its kind in the United States — could lead to a slippery slope where average Americans are criminalized for innocuous transgressions like checking Facebook at work.

The reexamination of the law comes during arguments for a case involving a Georgia police officer convicted of violating the Act after he accessed a license plate database in during an attempt to obtain information on a strip club dancer in what lawyers argued was an improper manner. Lawyers for the officer, Nathan Van Buren, say that he had not violated the CFAA and had, in fact, had legitimate access to the database through the course of his work.

The case — the first significant challenge to the scope of the CFAA to reach the nation’s highest court — spurred a string of amicus briefs from a wide range of technology, privacy and cybersecurity experts, many of whom argued that the law could discourage computer researchers and good-faith hackers from uncovering and disclosing security flaws.

“Under the government’s broad interpretation of the CFAA, standard security research practices — such as accessing publicly available data in a manner beneficial to the public yet prohibited by the owner of the data — can be highly risky,” one group of experts wrote.

Despite arguments from the government’s lawyer, Deputy Solicitor General Eric Feigin, that anxieties about overzealous enforcement of the law were overhyped, many of the Justices seemed concerned about the law’s broad scope.

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According to Justice Neil Gorsuch, the DOJ’s argument threatened to “[make] a federal criminal of us all.” Justice Sonia Sotomayor argued that the government was “…asking us to write definitions to narrow what could otherwise be viewed as a very broad statute, and dangerously vague.”

Other members of the bench raised concerns about the key terms outlined in the statute.

“What is this statute talking about when it speaks of information in the computer?” Justice Samuel Alito asked…

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Trump signs law that makes hacking election systems a federal crime

October 30, 2020/in Computer Security

President Trump has signed into law a bill that makes hacking election systems a federal crime, a move some security experts hope will warn off potential cyberattacks.

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The House of Representatives passed the Defending the Integrity of Voting Systems Act by voice vote on Sept. 21, more than a year after it passed in the Senate. The law covers electronic voting systems in the federal Computer Fraud and Abuse Act, or the CFAA, allowing prison terms to be up to 20 years.

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The bill’s language was initially recommended in a 2018 Cyber-Digital Task Force report from the Department of Justice. Before the bill was passed, it was unclear whether hacking voting systems were covered in the Computer Fraud and Abuse Act, said Ken Underhill, CEO of cybersecurity consulting firm K&L Tech.

“Hacking election systems wasn’t specifically covered in the CFAA, and the concern was that since voting systems are not traditionally connected to the internet, there might be room for interpretation in the current law that would allow for a loophole for a defense team,” he told the Washington Examiner.

Before the new law passed, the Computer Fraud and Abuse Act did not prohibit the act of hacking a voting machine “in many common situations” because they are not typically connected to the internet, the DOJ report said. “Consequently, should hacking of a voting machine occur, the government would not, in many conceivable circumstances, be able to use the CFAA to prosecute the hackers.” Hacking a voting machine could, however, violate other criminal laws, the report noted.

Although it might not have an impact on the 2020 election, the new law could have some positive effects, Underhill added. The new law “allows for more resources to be thrown” at election hacking, as well as harsh penalties, he said.

However, many hackers targeting the U.S. election live overseas in countries that aren’t interested in bringing charges against them, he added. “This legislation might keep some script kiddies from trying it, but I don’t see any measurable effect from this law change in keeping real criminal hackers from election system…

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Thailand passes internet security law decried as ‘cyber martial law’ – Reuters

March 1, 2019/in Internet Security

Thailand passes internet security law decried as ‘cyber martial law’ Reuters

BANGKOK (Reuters) – Thailand’s military-appointed parliament on Thursday passed a controversial cybersecurity law that gives sweeping powers to state cyber …

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Thailand passes internet security law decried as ‘cyber martial law’

February 28, 2019/in Internet Security

BANGKOK (Reuters) – Thailand’s military-appointed parliament on Thursday passed a controversial cybersecurity law that gives sweeping powers to state cyber agencies, despite concerns from businesses a…
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