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Trespass, Not Fraud: The Need for New Sentencing Guidelines in CFAA Cases
| Content Provider | Semantic Scholar |
|---|---|
| Author | Kerr, Orin S. |
| Copyright Year | 2016 |
| Abstract | This article argues that the existing regime for sentencing violations of the Computer Fraud and Abuse Act (CFAA) is based on a conceptual error that often leads to improper sentencing recommendations. The Federal Sentencing Guidelines treat CFAA violations as economic crimes. Most CFAA crimes are rooted in trespass, however, not economic loss such as fraud crimes. The difference is significant. The economic crimes framework now in place leads guidelines calculations to focus too much on economic loss and not enough on the circumstances of the crime. The article concludes by sketching out a new and better way to calculate sentencing recommendations in CFAA cases. |
| Starting Page | 1544 |
| Ending Page | 1544 |
| Page Count | 1 |
| File Format | PDF HTM / HTML |
| Volume Number | 84 |
| Alternate Webpage(s) | https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=4150&context=facpubs |
| Alternate Webpage(s) | http://www.gwlr.org/wp-content/uploads/2016/11/84-Geo.-Wash.-L.-Rev.-1544.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
