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Orin Kerr

Security På svenska → Updated: 2026-10-17

American law professor who has spent his career on the question computer-crime statutes never quite answer: what does "unauthorized access" actually mean?

Kerr prosecuted computer crime at the US Justice Department before moving to academia, and has since written much of the legal literature on the Computer Fraud and Abuse Act and the Fourth Amendment online. His recurring argument is that a law punishing access "without authorization" turns arbitrary if authorization can be defined by terms of service nobody reads.

In 2013–2014 he represented Andrew Auernheimer, convicted for scraping iPad owners' email addresses from a public AT&T web page by incrementing an ID in a URL. The appeals court threw out the conviction in 2014 — on venue, not on the question of what hacking is. That had to wait for the Supreme Court's 2021 Van Buren decision, which largely went Kerr's way.

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