Several strong amicus filings in support of Van Buren spell out some of the startling practical implications of the government’s reading. At the same time, it seems clear that the government has a legitimate need for prosecution in many cases that a narrow reading of the CFAA would not reach.
Unless the justices discern a clarity in the statute that seems to have eluded most observers, they well may find the broad prosecutorial reach of the government’s reading too much to tolerate, expecting that Congress easily would amend the CFAA to reach more precisely to cases of demonstrable prosecutorial urgency. We should know much more about that by the end of the argument on Monday…
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