Vagueness is the core flaw of the CFAA. As written, the CFAA makes
it a federal crime to access a computer without authorization or
in a way that exceeds authorization. Confused by that? You’re not
alone. Congress never clearly described what this really means. As
a result, prosecutors can take the view that a person who violates
a website’s terms of service or employer agreement should face
So lying about one’s age on Facebook, or checking personal email
on a work computer, could violate this felony statute. This flaw
in the CFAA allows the government to imprison Americans for a
violation of a non-negotiable, private agreement that is dictated
by a corporation. Millions of Americans — whether they are of a
digitally native or dial-up generation — routinely submit to
legal terms and agreements every day when they use the Internet.
Few have the time or the ability to read and completely understand
lengthy legal agreements.