The Computer Fraud and Abuse Act

Last Friday’s news that Lori Drew (neighbor who posed on MySpace as potential teenage boyfriend) was being indicted under the Computer Fraud and Abuse Act represents yet another cyberlaw constitutional moment. Once again, we’re pressing laws intended to address X problem into service mending Y dispute. This time, however, the law is more sweeping than we might like to admit. In fact, courts have already read the CFAA to stretch awfully far – including to violations of agreements *not* found in the Terms of Service on a particular web site….