September 25, 2015 by Mark
Today, President Obama announced that the U.S. and China came to a cyber-espionage "common understanding." They have agreed not to "conduct or knowingly support" the cyber theft of intellectual property.
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Today, legislation is being introduced in the House and Senate that would weaken the Computer Fraud and Abuse Act (CFAA), a long standing law that is critical to software and digital content companies to protect their networks and the intellectual property in their products and services. The intent of the proposal is to reign in the possibly overzealous use of this statute by U.S. prosecutors in some recent cases, including the case that led to the tragic suicide of Aaron Swartz. While the bill is well intended and seeks to address real concerns, the proper fix is to clarify the prosecutorial guidelines, not a wholesale rewriting and weakening of the underlying statute.
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