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Van Buren v. United States

Docket No.19-783
Op. Below11th Cir.
ArgumentNov 30, 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 Amy Coney Barrett on Jun 3, 2021. Justice Thomas filed a dissenting opinion, in which Chief Justice Roberts and Justice Alito joined.

Proceedings & orders timeline

Dec 18, 2019
Petition for a writ of certiorari filed. (Response due January 17, 2020)
Jan 7, 2020
Blanket Consent filed by Petitioner, Nathan Van Buren.
Jan 10, 2020
Motion to extend the time to file a response from January 17, 2020 to February 18, 2020, submitted to The Clerk.
Jan 13, 2020
Motion to extend the time to file a response is granted and the time is extended to and including February 18, 2020.
Jan 17, 2020
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jan 17, 2020
Brief amici curiae of Electronic Frontier Foundation, et al. filed.
Jan 31, 2020
Motion to extend the time to file a response from February 18, 2020 to March 10, 2020, submitted to The Clerk.
Jan 31, 2020
Motion to extend the time to file a response is granted and the time is further extended to and including March 10, 2020.
Mar 10, 2020
Brief of respondent United States of America in opposition filed.
Mar 18, 2020
DISTRIBUTED for Conference of 4/3/2020.
Mar 18, 2020
Reply of petitioner Nathan Van Buren filed.
Apr 13, 2020
DISTRIBUTED for Conference of 4/17/2020.
Apr 20, 2020
Petition GRANTED.
Apr 29, 2020
Motion for an extension of time to file the briefs on the merits filed.
May 6, 2020
Motion 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 4, 2020
Blanket Consent filed by Petitioner, Nathan Van Buren
Jul 1, 2020
Joint appendix filed. (Statement of costs received 5/11/21).
Jul 1, 2020
Brief of petitioner Nathan Van Buren filed.
Jul 7, 2020
Brief amici curiae of The R Street Institute, et al. filed.
Jul 7, 2020
Brief amici curiae of Kyratso Karahalios, et al. filed.
Jul 7, 2020
Brief amicus curiae of Association of Medical Device Service Organizations filed.
Jul 7, 2020
Brief amicus curiae of Association of Medical Device Reprocessors filed.
Jul 8, 2020
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 8, 2020
Brief amicus curiae of Committee for Justice filed.
Jul 8, 2020
Brief amicus curiae of Americans for Prosperity Foundation filed.
Jul 8, 2020
Brief amici curiae of Reporters Committee for Freedom of the Press, et al. filed.
Jul 8, 2020
Brief amici curiae of National Whistleblower Center filed.
Jul 8, 2020
Brief amicus curiae of The United States Technology Policy Committee of the ACM in support of neither party filed.
Jul 8, 2020
Brief amici curiae of Technology Companies filed.
Jul 8, 2020
Brief amicus curiae of Orin S. Kerr filed.
Jul 8, 2020
Brief amici curiae of Computer Security Researchers, et al. filed.
Jul 8, 2020
Brief amicus curiae of The Markup filed.
Aug 27, 2020
Brief of respondent United States filed.
Aug 31, 2020
Brief amicus curiae of Federal Law Enforcement Officers Association filed.
Sep 1, 2020
Brief amicus curiae of Managed Funds Association filed.
Sep 2, 2020
Brief amici curiae of Karen Heart and Anthony Volini of CIPLIT filed.
Sep 3, 2020
Brief amici curiae of Electronic Privacy Information Center, et al. filed.
Sep 3, 2020
Brief amicus curiae of Voatz, Inc. filed.
Sep 3, 2020
Brief amicus curiae of Digital Justice Foundation filed.
Sep 16, 2020
SET FOR ARGUMENT on Monday, November 30, 2020.
Sep 28, 2020
Reply of petitioner Nathan Van Buren filed.
Oct 8, 2020
Record requested from the U.S.C.A. 11th Circuit.
Oct 13, 2020
Record received from the U.S.C.A. 11th Circuit is electronic and located on PACER.
Oct 27, 2020
CIRCULATED
Nov 4, 2020
Record received from the U.S.D.C Northern District of Georgia (Atlanta) Some sealed materials. One Envelope.
Nov 30, 2020
Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
Jun 3, 2021
Judgment 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 6, 2021
JUDGMENT ISSUED.
Feb 15, 2023
Record returned to the U.S.D.C Northern District of Georgia (three envelopes).

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