The U.S. Department of Justice (DOJ) recently revised its policy on charging violations of the Computer Fraud and Abuse Act (CFAA), a 1986 law that remains the primary statute by which federal prosecutors pursue cybercrime cases. The new guidelines state that prosecutors should avoid charging security researchers who operate in “good faith” when finding and reporting vulnerabilities. But legal experts continue to advise researchers to proceed with caution, noting the new guidelines can’t be used as a defense in court, nor are they any kind of shield against civil prosecution.
In a statement about the changes, Deputy Attorney General Lisa O. Monaco said the DOJ “has never been interested in prosecuting good-faith computer security research as a crime,” and that the new guidelines “promote cybersecurity by providing clarity for good-faith security researchers who root out vulnerabilities for the common good.”
What constitutes “good faith security research?” The DOJ’s new policy (PDF) borrows language from a Library of Congress rulemaking (PDF) on the Digital Millennium Copyright Act (DMCA), a similarly controversial law that criminalizes production and dissemination of technologies or services designed to circumvent measures that control access to copyrighted works. According to the government, good faith security research means:
“…accessing a computer solely for purposes of good-faith testing, investigation, and/or correction of a security flaw or vulnerability, where such activity is carried out in a manner designed to avoid any ha ..
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