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Van Buren v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
19-783 11th Cir. Nov 30, 2020 Jun 3, 2021 6-3 Barrett OT 2020

Holding: An individual “exceeds authorized access” under the Computer Fraud and Abuse Act of 1986, 18 U.S.C. § 1030(a)(2), 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.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Barrett on June 3, 2021. Justice Thomas filed a dissenting opinion, in which Chief Justice Roberts and Justice Alito joined.

DateProceedings and Orders (key to color coding)
Dec 18 2019Petition for a writ of certiorari filed. (Response due January 17, 2020)
Jan 07 2020Blanket Consent filed by Petitioner, Nathan Van Buren.
Jan 10 2020Motion to extend the time to file a response from January 17, 2020 to February 18, 2020, submitted to The Clerk.
Jan 13 2020Motion to extend the time to file a response is granted and the time is extended to and including February 18, 2020.
Jan 17 2020Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jan 17 2020Brief amici curiae of Electronic Frontier Foundation, et al. filed.
Jan 31 2020Motion to extend the time to file a response from February 18, 2020 to March 10, 2020, submitted to The Clerk.
Jan 31 2020Motion to extend the time to file a response is granted and the time is further extended to and including March 10, 2020.
Mar 10 2020Brief of respondent United States of America in opposition filed.
Mar 18 2020DISTRIBUTED for Conference of 4/3/2020.
Mar 18 2020Reply of petitioner Nathan Van Buren filed.
Apr 13 2020DISTRIBUTED for Conference of 4/17/2020.
Apr 20 2020Petition GRANTED.
Apr 29 2020Motion for an extension of time to file the briefs on the merits filed.
May 06 2020Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 1, 2020. The time to file respondent's brief on the merits is extended to and including August 27, 2020.
Jun 04 2020Blanket Consent filed by Petitioner, Nathan Van Buren
Jul 01 2020Joint appendix filed. (Statement of costs received 5/11/21).
Jul 01 2020Brief of petitioner Nathan Van Buren filed.
Jul 07 2020Brief amici curiae of The R Street Institute, et al. filed.
Jul 07 2020Brief amici curiae of Kyratso Karahalios, et al. filed.
Jul 07 2020Brief amicus curiae of Association of Medical Device Service Organizations filed.
Jul 07 2020Brief amicus curiae of Association of Medical Device Reprocessors filed.
Jul 08 2020Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 08 2020Brief amicus curiae of Committee for Justice filed.
Jul 08 2020Brief amicus curiae of Americans for Prosperity Foundation filed.
Jul 08 2020Brief amici curiae of Reporters Committee for Freedom of the Press, et al. filed.
Jul 08 2020Brief amici curiae of National Whistleblower Center filed.
Jul 08 2020Brief amicus curiae of The United States Technology Policy Committee of the ACM in support of neither party filed.
Jul 08 2020Brief amici curiae of Technology Companies filed.
Jul 08 2020Brief amicus curiae of Orin S. Kerr filed.
Jul 08 2020Brief amici curiae of Computer Security Researchers, et al. filed.
Jul 08 2020Brief amicus curiae of The Markup filed.
Aug 27 2020Brief of respondent United States filed.
Aug 31 2020Brief amicus curiae of Federal Law Enforcement Officers Association filed.
Sep 01 2020Brief amicus curiae of Managed Funds Association filed.
Sep 02 2020Brief amici curiae of Karen Heart and Anthony Volini of CIPLIT filed.
Sep 03 2020Brief amici curiae of Electronic Privacy Information Center, et al. filed.
Sep 03 2020Brief amicus curiae of Voatz, Inc. filed.
Sep 03 2020Brief amicus curiae of Digital Justice Foundation filed.
Sep 16 2020SET FOR ARGUMENT on Monday, November 30, 2020.
Sep 28 2020Reply of petitioner Nathan Van Buren filed.
Oct 08 2020Record requested from the U.S.C.A. 11th Circuit.
Oct 13 2020Record received from the U.S.C.A. 11th Circuit is electronic and located on PACER.
Oct 27 2020CIRCULATED
Nov 04 2020Record received from the U.S.D.C Northern District of Georgia (Atlanta) Some sealed materials. One Envelope.
Nov 30 2020Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
Jun 03 2021Judgment REVERSED and case REMANDED. Barrett, J., delivered the opinion of the Court, in which Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Roberts, C. J., and Alito, J., joined.
Jul 06 2021JUDGMENT ISSUED.