The Computer Fraud and Abuse Act

First passed in 1984 as a purely criminal statute.

Amended in 1992 to allow civil actions.

A preliminary point. In a combined criminal/civil statute, all terms must be interpreted in accord with criminal law standards of interpretation.

“As a consequence, even in civil cases brought under the CFAA, the canon of strict construction of criminal statutes or what is referred to as the rule of lenity is followed.”

WEC Carolina Energy Solutions LLC v. Miller, 687 F.3d 199 (4th Cir. 2012)

Lenity: Ambiguities in a criminal statute about prohibitions and penalties must be resolved in favor of the defendant if it is not contrary to legislative intent.<

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