Topic: Computer Fraud And Abuse Act

The Obama administration proposed modernizing the Computer Fraud and Abuse Act to include cybercrime under RICO racketeering laws. The new provisions would criminalize the trafficking of passwords and the possession of certain electronic interception devices, carrying penalties of up to 20 years in prison. Critics argue these laws could unfairly target system administrators and white-hat hackers.

During a Senate hearing, Al Franken questioned the Department of Justice on its interpretation of the Computer Fraud and Abuse Act. The DOJ argued that violating a website's terms of service or an employer's computer policy could constitute a federal crime. This means an employee checking personal Gmail at work could technically face federal prosecution, a stance the DOJ refuses to soften despite constitutional concerns from judges.