In a week of devastating disclosures about government surveillance, here’s one ray of light.
The ACLU of Massachusetts reports the Massachusetts Supreme Judicial Court‘s verdict in Commonwealth v. Rousseau. In separate trials, John Rousseau and Michael Dreslinski were each convicted of four charges relating to a spree of burning and vandalizing properties. As part of their case, law enforcement had obtained a warrant to place a GPS tracker on Dreslinski’s truck for 15 days, which was then renewed twice. Two issues came up: whether GPS tracking needed a warrant anyway, and whether Rousseau had standing to challenge the warrant as he had no property interest in Dreslinski’s car.
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It’s not usually our dealio here at Digital Fourth to weigh in on federal digital rights, because terrific organizations like EFF, Fight for the Future, Demand Progress and the ACLU generally do that heavy lifting for us. But so much has happened regarding prosecutions under the Computer Fraud and Abuse Act that it’s worth focusing on what this law is, why it’s in such a mess, and what can usefully be done about it.
When originally passed way back in 1986, the intent of the CFAA was to ban hacking. This kind of hacking:
Wait, Ally Sheedy was in this?
In other words, what they were concerned about was access to “Federal interest computers”, namely computers belonging to the government, or at certain designated utilities like nuclear power stations or financial institutions. Now, however, the law covers pretty much any computer held by anyone.
Why is that a problem? Read on!
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