As technology continues to evolve, the courts are being asked to apply existing laws to the new technology. In some cases, the answer is fairly straightforward, but in other cases it is more complicated and can yield varying outcomes based on how each court understands the technology and the legislators’ intent in passing the law. The presentation addressed cases over the past year in three main areas: (1) “unauthorized access” under the Computer Fraud and Abuse Act (CFAA), (2) encryption, and (3) searches and seizures generally.
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