Thursday, June 03, 2021

SCOTUS reverses 11th Circuit in Van Buren

This is a biggie... and it's an interesting 6-3 split reversing the 11th Circuit, with Justice Barrett writing the majority.  Here's the opinion and the split:  

BARRETT, J., delivered the opinion of the Court, in which BREYER, SOTOMAYOR, KAGAN, GORSUCH, and KAVANAUGH, JJ., joined. THOMAS, J., filed a dissenting opinion, in which ROBERTS, C. J., and ALITO, J., joined.

From the intro:

Nathan Van Buren, a former police sergeant, ran a license-plate search in a law enforcement computer data-base in exchange for money. Van Buren’s conduct plainly flouted his department’s policy, which authorized him to obtain database information only for law enforcement purposes. We must decide whether Van Buren also violated the Computer Fraud and Abuse Act of 1986 (CFAA), which makes it illegal “to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter.” He did not. This provision covers those who obtain information from particular areas in the computer—such as files, folders, or databases—to which their computer access does not extend. It does not cover those who, like Van Buren, have improper motives for obtaining information that is otherwise available to them.

 And the conclusion:

In sum, an individual “exceeds authorized access” when he accesses a computer with authorization but then obtains information located in particular areas of the computer—such as files, folders, or databases—that are off limits to him. The parties agree that Van Buren accessed the law enforcement database system with authorization. The only question is whether Van Buren could use the system to retrieve license-plate information. Both sides agree that he could. Van Buren accordingly did not “excee[d] authorized access” to the database, as the CFAA defines that phrase, even though he obtained information from the database for an improper purpose. We therefore reverse the contrary judgment of the Eleventh Circuit and remand the case for further proceedings consistent with this opinion.

2 comments:

  1. Anonymous3:53 PM

    Interesting fact

    First case ever where J. Breyer was the senior judge in the majority and got to assign the opinion.

    ReplyDelete
  2. Anonymous6:16 PM

    . . . and he assigned to the most junior judge.

    ReplyDelete