Does a person violate the Computer Fraud and Abuse Act by accessing a remote computer without authorization if he is not aware that he is even accessing that remote computer?
The Sixth Circuit says no. The Computer Fraud and Abuse Act prohibits the intentional access of a computer without authorization. When a defendant is not aware that he is accessing a computer remotely, he cannot be said to be accessing it intentionally. Thus, he cannot be violating the CFAA.