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Do Computer Fraud & Abuse Act Prosecutions Sometimes Go Too Far?

Offered here without commentary, an article from Slate concerning the recent suicide of Aaron Swartz who was set to go on trial next month for violations of the Computer Fraud & Abuse Act for unlocking a database of scholarly articles.

Prosecutors charging decisions – particularly the amount of prison time and penalties to be sought – are generally discretionary, rarely reviewable, and certainly subject to abuse (and not just under the CFAA).

There should be near unanimous agreement that what happened to Aaron is sad and, if an over-reaching prosecution played a role, something that ought to be rectified.

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About this Author

Pressly M Millen, Womble Carlyle Law Firm, Litigation Attorney
Attorney

Press is a trial attorney who has litigated a wide variety of antitrust and other complex business cases, including class actions, in federal and state courts throughout the United States. He has represented clients in numerous industries including pharmaceuticals, software, telecom, and retail. He achieves success for his clients in litigation by being ready, willing and able to take those cases to trial. Press has been named by Business North Carolina as one of its Legal Elite in both Antitrust and Litigation.

Press has represented both defendants and plaintiffs in...

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