Orin Kerr writes:
As part of the State of the Union rollout, President Obama has announced several new legislative proposals involving cybersecurity. One of the proposals is a set of amendments to the controversial Computer Fraud and Abuse Act (“CFAA”), the federal computer hacking statute. This post takes a close look at the main CFAA proposal. It starts with a summary of existing law; it then considers how the Administration’s proposal would change the law; and it concludes with my views on whether Congress should enact the changes.
My bottom line: My views are somewhat mixed, but on the whole I’m skeptical of the Administration’s proposal.
Read more on WaPo The Volokh Conspiracy.