The Supreme Court limited the scope of the federal law against computer hacking on Thursday, ruling it covers those who break into confidential files, but not people who misuse the information they are authorized to see.
At issue, she said, were so-called inside hackers who have legal access to a computer, but then exceed their authorized use by using the information for other purposes. She said the court would not interpret the phrase “exceeds authorized access” to criminalize every violation of a computer-use policy.
“An individual ‘exceeds authorized access’ when he accesses a computer with authorization, but then obtains information located in particular areas of the computer — such as files, folders, or databases — that are off limits to him,” Barrett wrote. In dissent, Justice Clarence Thomas said the laws “have long punished those who exceed the scope of consent when using property that belongs to others. A valet, for example, may take possession of a person’s car to park it, but he cannot take it for a joyride.” Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. agreed.
And yet, the story doesn’t say why the majority is “unusual”
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