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

Orin S. Kerr | December 9, 2016 | Data Privacy, Sentencing

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 consistently leads to improper sentencing recommendations. The Federal Sentencing Guidelines treat CFAA violations...

Consumer Protection in an Era of Big Data Analytics

David Vladeck | September 22, 2016 | Data Privacy

For most of human history, the idea that machines would evolve to the point that they would assist humans in decision-making was the stuff of science fiction. Science fiction writers have long been of two minds about what might happen to humans if machines could...

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