To Hanni Fakhoury, a staff attorney for the Electronic Frontier Foundation and a former federal public defender, the Computer Fraud and Abuse Act just doesn’t add up, especially in Nosal’s case.
“When I think of the CFAA I think of hacking. You break into a system not through a simple process but aggressively and violently take stuff and ransack the place. Using a username and password is like using a key,” he said. “If I give you the key to my house is that the same thing as knocking down the door? The problem with the law is it kind of treats it the same.”