Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner. 

Argument: The Eleventh Circuit reaffirmed that a person violates the CFAA by using a computer to access information for an improper purpose, even if otherwise authorized to access that information.  This reading goes beyond the CFAA’s text, fails to account for Congress’ intent in enacting it, and flouts the rule of lenity, which requires that ambiguous criminal statutes be construed in a defendant’s favor.  The decision below also interpreted the CFAA in a manner that raises due process concerns, both because it is an unconstitutionally vague reading of the statute and because it invites arbitrary and discriminatory enforcement, and thus the doctrine of constitutional avoidance requires that Petitioner’s reading of the statute prevail.  Further, an expansive reading of the CFAA would contribute to the trend of overcriminalization and give courts and prosecutors a backdoor method of updating criminal laws in response to changed technological—or potentially cultural, economic, or political—realities, something our constitutional structure reserves for Congress.

NACDL Director of White Collar Crime Policy Shana-Tara Regon's letter to the House Judiciary Committee regarding proposed changes to the laws governing public corruption charges, as outlined in the Clean Up Government Act of 2011 (H.R.2572).

Board member and Legislative Committee co-chair Elisabeth Semel's written statement to the Senate Judiciary committee regarding a proposed constitutional amendment to protect and expand crime victims' rights (S.J.Res. 6, 1997) and its consequences for people accused of a crime.

Brief of Amici Curiae Electronic Frontier Foundation, National Association of Criminal Defense Lawyers, and Center for Democracy & Technology in Support of Appellant.

Argument: The Computer Fraud and Abuse Act does not prohibit violations of computer use restrictions, such as the restriction at issue. The CFAA was meant to target "hacking," not violations of computer use restrictions. Written, policy-based restrictions on manner of access are restrictions on use. The lower court's broad reading of the CFAA renders the statute unconstitutionally vague. Corporate policies do not provide sufficient notice of what conduct is prohibited. Basing CFAA liability on violations of use restrictions would permit capricious enforcement by prosecutors. This Court should reverse Appellant's conviction under Specification 13 of Charge II.

Brief of Electronic Frontier Foundation and National Association of Criminal Defense Lawyers as Amici Curiae in Support of Appellant

Argument: The lower courts misconstrued the technology at issue. The lower courts misconstrued the CFAA’s purpose and case law. Congress intended the CFAA to target serious computer break-ins. Consistent with Congress’s intent, courts across the country have held that the CFAA does not criminalize violations of computer use policies. Courts adopting the ‘narrow’ interpretation have rejected the lower courts’ theory that written computer use restrictions on how someone accesses information are ‘access’ restrictions. The military judge ignored basic rules of statutory construction. The lower courts’ broad reading of the CFAA renders the statute unconstitutionally vague.