Category Archives: Supreme Court

In Van Buren v. United States, the Supreme Court has issued its first ever opinion interpreting the Computer Fraud and Abuse Act.  The CFAA, originally conceived as an anti-hacking statute, broadly prohibits, and imposes civil and criminal penalties for, accessing computers or computer systems “without authorization” or in a way that “exceeds authorized access.”  18 U. S. C. §1030(a)(2).  The question before the Court was how far CFAA liability extends under that latter clause—“exceeds authorized access.”  Does it apply merely to those allowed to obtain information from some parts of computer systems but not others? … More

On December 8, 2020, the Supreme Court heard oral argument in Duguid v. Facebook, a landmark case that will determine whether a consumer can sue a company for using automated technology to text or call that consumer at a phone number saved in the company’s system. At issue is the meaning of the federal Telephone Consumer Protection Act (“TCPA”) and its prohibition on using autodialers to transmit communications to cell phones.… More

The Supreme Court on May 6, 2020 heard oral argument on a widely-watched First Amendment case that may have broad ramifications for the Telephone Consumer Protection Act and, potentially, government restrictions on telecommunications more broadly.

Originally passed in 1991, the Telephone Consumer Protection Act is enforced by the Federal Communications Commission and contains various restrictions on telemarketing, including the use of auto-dialers (sometimes called “robocallers”).  The FCC has strengthened the law’s restrictions over time and adapted them to newer communications technologies,… More