You can be held liable under the CFAA if you
knowingly accessed a computer system without authorization and caused harm, even if
you did not know that your actions might cause harm.
The term ???protected computer??? as commonly used in the Act means a computer used
by the U.S. government, financial institutions, and any system used in interstate or foreign
commerce or communications. The CFAA is the most widely referenced statute in
the prosecution of many types of computer crimes. A casual reading of the Act suggests
that it only addresses computers used by government agencies and financial institutions,
but there is a small (but important) clause that extends its reach. It indicates that
the law applies also to any system ???used in interstate or foreign commerce or communication.???
The meaning of ???used in interstate or foreign commerce or communication??? is
very broad, and, as a result, CFAA operates to protect nearly all computers and networks.
Almost every computer connected to a network or the Internet is used for some type of
commerce or communication, so this small clause pulls nearly all computers and their
uses under the protective umbrella of the CFAA. Amendments by the USA Patriot Act to
the term ???protected computer??? under CFAA extended the definition to any computers
located outside the United States, as long as they affect interstate or foreign commerce or
communication of the United States.
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