New draft article, 'Trespass, Not Fraud: The Need for New Sentencing Guidelines in CFAA Cases'

|The Volokh Conspiracy |

I recently posted a draft of a new article on the need for new sentencing guidelines in Computer Fraud and Abuse Act cases. The article, "Trespass, Not Fraud: The Need for New Sentencing Guidelines in CFAA Cases," is forthcoming in the CFAA symposium issue of the George Washington Law Review. It's short for a law review article, just 18 pages. Here's the abstract:

This article argues that the existing regime for sentencing violations of the Computer Fraud and Abuse Act (CFAA) is based on a conceptual error that often leads to improper sentencing recommendations. The Federal Sentencing Guidelines treat CFAA violations as economic crimes. Most CFAA crimes are rooted in trespass, however, not economic loss such as fraud crimes. The difference is significant. The economic crimes framework now in place leads guidelines calculations to focus too much on economic loss and not enough on the circumstances of the crime. The article concludes by sketching out a new and better way to calculate sentencing recommendations in CFAA cases.

This is just a draft and there is still time for comments. As always, comments are very welcome.