Jenner & Block

"Making a Federal Case Out of It: Website Terms of Use," Los Angeles Daily Journal

Partner Steven B. Fabrizio and Associate Farnaz M. Alemi authored “Making a Federal Case Out of It: Website Terms of Use,” the April article for the Creative Content group's monthly column “Content Matters” which appears in the Los Angeles Daily Journal and the San Francisco Daily Journal.  In this month's article, the authors discuss the potential interplay between website terms of use and the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. Section 1030, and the California corollary, the Comprehensive Computer Data Access and Fraud Act, Penal Code Section 502.  The article analyzes several cases that have held that violations of terms of use can make accessing a website "unauthorized" and therefore a potential violation of the CFAA and Section 502.  While the courts continue to sort out this issue, the authors conclude that content owners should consider the CFAA and Section 502 when planning their content protection strategies and drafting their terms of use.