Code and Conduct: Navigating the CFAA

Overview

Panelists introduce the Computer Fraud and Abuse Act and track its evolution, defining the terms needed to understand how it is applied. They outline the seven categories of prohibited conduct and the behaviors each entails, then discuss the damages and penalties for violations and review a recent CFAA case.

What you’ll learn

• ✓Explain the CFAA and its evolution
• ✓Define key terms used in applying the CFAA
• ✓Identify the seven categories of prohibited conduct
• ✓Assess damages, penalties, and recent case law under the CFAA

Curriculum

1. 1. Computer Fraud and Abuse Act

   Introduction to the CFAA, its evolution, and key definitions.

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2. 2. Seven Categories of Prohibited Conduct Under the CFAA

   The behaviors that fall under each prohibited category.

   Video coming soon

3. 3. Violating the CFAA

   Damages, penalties, and review of a recent CFAA case.

   Video coming soon

Your instructors

Daniel B. Garrie

Founder, Law & Forensics; Neutral at JAMS; Faculty at Harvard

Law & Forensics LLC · JAMS · Harvard · Rutgers Law School · Journal of Law & Cyber Warfare

Daniel B. Garrie is the founder and executive managing partner of Law & Forensics LLC, a boutique cybersecurity and forensic engineering firm he co-founded in 2008. He serves as a neutral, arbitrator, and forensic special master at JAMS, focusing on cybersecurity, cryptocurrency, and complex technology disputes, and holds faculty appointments at Harvard and Rutgers Law School. A patented software inventor and prolific author, he is editor-in-chief of the Journal of Law & Cyber Warfare and a widely cited authority on computer forensics, eDiscovery, and cyber litigation.

Catherine Castaldo

Partner, Reed Smith

Reed Smith LLP

Catherine Castaldo is a partner at Reed Smith, advising on cybersecurity and privacy, and teaches on the Computer Fraud and Abuse Act (CFAA).

Mark Mermelstein

Attorney, Holmes Athey Cowan & Mermelstein

Holmes Athey Cowan & Mermelstein · Orrick, Herrington & Sutcliffe LLP

Mark Mermelstein is an attorney at Holmes Athey Cowan & Mermelstein, previously a partner at Orrick, Herrington & Sutcliffe LLP. He teaches on the Computer Fraud and Abuse Act (CFAA) and mediating data breach disputes.