On May 19, 2022, the Department of Justice announced it would not charge good-faith hackers who expose weaknesses in computer systems with violating the Computer Fraud and Abuse Act (CFAA or Act), 18 U.S.C. § 1030. Congress enacted the CFAA in 1986 to promote computer privacy and cybersecurity and amended the Act several times, most recently in 2008. However, the evolving cybersecurity landscape has left courts and commentators troubled by potential applications of the CFAA to circumstances unrelated to the CFAA’s original purpose, including prosecution of so-called “white hat” hackers. The new charging policy, which became effective immediately, seeks to advance the CFAA’s original purpose by clarifying when and how federal prosecutors are authorized to bring charges under the Act.

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Photo of Kyle R. Freeny Kyle R. Freeny

Kyle R. Freeny, a skilled trial attorney and former federal prosecutor for the Special Counsel’s Office and the Department of Justice (DOJ), Criminal Division’s Money Laundering and Asset Recovery Section (MLARS), focuses her practice on white collar criminal defense, government and internal investigations,

Kyle R. Freeny, a skilled trial attorney and former federal prosecutor for the Special Counsel’s Office and the Department of Justice (DOJ), Criminal Division’s Money Laundering and Asset Recovery Section (MLARS), focuses her practice on white collar criminal defense, government and internal investigations, and anti-money laundering (AML) and international corruption matters.

Kyle was one of 19 prosecutors selected by Robert S. Mueller III to conduct the high-profile investigation into alleged Russian election interference, coordination between Russian officials and the Trump campaign, and related matters. As Assistant Special Counsel, Kyle played a lead role in federal tax and bank fraud investigations, as well as a money laundering investigation into the funding of Russian intelligence cyber intrusions during the 2016 Presidential election using cryptocurrency.

While at the Department of Justice, Kyle was involved in investigations relating to major international money laundering and corruption matters, including matters involving the Bank Secrecy Act (BSA), Foreign Corrupt Practices Act (FCPA), and foreign banking and corruption laws designated as predicates to U.S. money laundering charges. Kyle has considerable experience handling cross-border issues and coordinating with foreign law enforcement authorities and U.S. and foreign regulators on complex transnational financial cases.

Kyle has also represented dozens of federal agencies in high-profile litigation, including the Office of Foreign Assets Control (OFAC), the Department of Defense, and the Federal Financing Bank. Kyle has appeared before federal trial courts across the country.

Admitted in California. Practice in the District of Columbia limited to matters and proceedings before Federal courts and Agencies.

Photo of Linda Ricci Linda Ricci

Linda M. Ricci focuses her practice on white collar criminal defense, including matters related to corporate compliance and internal investigations, government investigations, money laundering violations, criminal tax offenses, forfeiture, wire fraud, securities fraud, theft of public funds, obstruction of justice, insider trading, and…

Linda M. Ricci focuses her practice on white collar criminal defense, including matters related to corporate compliance and internal investigations, government investigations, money laundering violations, criminal tax offenses, forfeiture, wire fraud, securities fraud, theft of public funds, obstruction of justice, insider trading, and health care fraud.

Photo of Jena M. Valdetero Jena M. Valdetero

Jena M. Valdetero serves as Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice where she advises clients on complex data privacy and security issues. She has led more than 1,000 data breach investigations. A litigator by background, Jena defends companies against…

Jena M. Valdetero serves as Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice where she advises clients on complex data privacy and security issues. She has led more than 1,000 data breach investigations. A litigator by background, Jena defends companies against privacy and data breach litigation, with an emphasis on class action lawsuits. She has designed and conducted dozens of data breach tabletop exercises to empower clients to respond effectively to a data security incident. She also counsels companies on data privacy and security compliance programs and advises on cyber risks associated with mergers and transactions. Jena also advises a diverse array of clients on compliance with existing and emerging privacy laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Gramm Leach Bliley Act (GLBA), and the Health Insurance Portability and Accountability Act (HIPAA). She is a certified privacy professional through the International Association of Privacy Professionals (CIPP/US), for which she is a former KnowledgeNet Co-Chair.
Jena is a passionate advocate of diversity and inclusion. She currently serves as a board member of the Chicago chapter of Women in Law Empowerment Forum.

Photo of Brittany M. Fisher Brittany M. Fisher

Brittany M. Fisher is a member of the Litigation Practice in Greenberg Traurig’s Boston office. Her practice includes commercial litigation, white collar defense, and eDiscovery matters. Prior to joining the firm, Brittany served as an Assistant U.S. Attorney in the Eastern District of…

Brittany M. Fisher is a member of the Litigation Practice in Greenberg Traurig’s Boston office. Her practice includes commercial litigation, white collar defense, and eDiscovery matters. Prior to joining the firm, Brittany served as an Assistant U.S. Attorney in the Eastern District of Virginia, where she presented evidence in jury trials and investigated mail fraud, wire fraud, bank fraud, and aggravated identity theft, among other crimes. She also worked as a litigation associate in the Washington, D.C. office of a large, international law firm.