From US state laws to the international stage, definitions of “cybercrime” remain vague, broad, and increasingly entrenched in our legal systems. WIRED30
, which Crocker describes as “pretty typical” of state-level cybercrime laws, includes language similar to the CFAA’s vague “unauthorized access” prohibition. But it also stipulates that someone who “knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network” may have broken state law.
All of these broadly worded state-level cybercrime statutes can lead to over-criminalization, says Nellie King, president of the National Association of Criminal Defense Lawyers. It becomes particularly problematic when there’s little clarity about when an activity crosses the line from legal to illegal. Laws against “cyber-stalking” are a good example, King says. “I can’t tell you how many of those cases where I have to go in and say, ‘This is not stalking. This is being annoying.
Finally, unlike the CFAA, many state cybercrime laws have not been heavily tested by the courts, says Crocker, which leaves them open to broader interpretation. “Most states have relatively sparse case law on their state hacking law,” he says, “so you have … laws without a lot of interpretation, which is a very risky area for individuals who risk running afoul of these laws.
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