Based on the broad definition of computer that is used in the Computer Fraud and Abuse Act I believe that the answer could be “yes.” Here is why:
- The CFAA applies to anything with a microchip or data processor that is connected to the internet. See Can Stealing a Car Violate the Computer Fraud and Abuse Act?
- If a person were to have a microchip or data processor implanted into their bodies, and if such device were connected to the Internet, then that person would be a covered “computer” and the CFAA would apply if they were hacked.
So, you may be wondering, what made me think of this crazy idea? Well, I read the article Are You Ready for Mind-Control Warfare? and, the more I thought about it, the more I realized that it is a possibility. Technology has already advanced to the point where tiny microchips are being put under people’s skin for various reasons and there is no doubt that will continue. But, as the above article shows, these technological advances will not stop there. Now we’re looking at things like “the potential for ‘neural interface systems’ (NIS) that could control weapons with the human mind.” Pretty heavy stuff for sure but stop and think about this for a moment.
If technology reaches a point where “computer” driven devices allow the human mind to control weapons, surely someone will then try to gain control over that device and, therefore, the mind that controls those weapons. That is, they will try to “hack” that person. And, when they do, I would argue that they will have violated the Computer Fraud and Abuse Act as it is presently written and interpreted.
Related articles
- Texas Lawyer: Computer Fraud and Abuse Act 101 (shawnetuma.com)
- Data Breach and Privacy Lawsuits Must Have Real Damages to Succeed (shawnetuma.com)
