The legal system persists in framing “computer crime” through the archaic lens of tangible property”, theft and conversion”, despite the fact that information is non-rivalrous and easily duplicated without depriving the original owner of possession. Recent federal indictments, such as the Van Dyke and SPLC matters, reveal a “doctrinally aggressive” expansion where the government claims universal ownership of information to prosecute misuse rather than disclosure. As the Supreme Court moves to narrow the Computer Fraud and Abuse Act (CFAA) and reject “right to control” theories, a widening gap emerges between prosecutorial tactics and judicial constraints, highlighting a desperate need to shift the legal focus from “ownership” to duties of confidentiality and authorized use.
First seen on securityboulevard.com
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