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.
SCOTUSblog Coverage
- Justices narrow federal computer-fraud statute (Ronald Mann, June 3, 2021)
- Diverse six-justice majority rejects broad reading of computer-fraud law (Ronald Mann, June 3, 2021)
- Argument analysis: Justices seem wary of breadth of federal computer fraud statute (Ronald Mann, December 1, 2020)
- Case preview: Justices to consider breadth of federal computer fraud statute (Ronald Mann, November 29, 2020)
- Justices release December calendar (Amy Howe, September 16, 2020)
- Justices add computer fraud case to merits docket (Amy Howe, April 20, 2020)
- Relist Watch: Kalsariknnit edition (John Elwood, April 7, 2020)
| Date | Proceedings and Orders |
|---|---|
| 12/18/2019 | Petition for a writ of certiorari filed. (Response due January 17, 2020) |
| 01/07/2020 | Blanket Consent filed by Petitioner, Nathan Van Buren. |
| 01/10/2020 | Motion to extend the time to file a response from January 17, 2020 to February 18, 2020, submitted to The Clerk. |
| 01/13/2020 | Motion to extend the time to file a response is granted and the time is extended to and including February 18, 2020. |
| 01/17/2020 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 01/17/2020 | Brief amici curiae of Electronic Frontier Foundation, et al. filed. |
| 01/31/2020 | Motion to extend the time to file a response from February 18, 2020 to March 10, 2020, submitted to The Clerk. |
| 01/31/2020 | Motion to extend the time to file a response is granted and the time is further extended to and including March 10, 2020. |
| 03/10/2020 | Brief of respondent United States of America in opposition filed. |
| 03/18/2020 | DISTRIBUTED for Conference of 4/3/2020. |
| 03/18/2020 | Reply of petitioner Nathan Van Buren filed. |
| 04/13/2020 | DISTRIBUTED for Conference of 4/17/2020. |
| 04/20/2020 | Petition GRANTED. |
| 04/29/2020 | Motion for an extension of time to file the briefs on the merits filed. |
| 05/06/2020 | 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. |
| 06/04/2020 | Blanket Consent filed by Petitioner, Nathan Van Buren |
| 07/01/2020 | Joint appendix filed. (Statement of costs received 5/11/21). |
| 07/01/2020 | Brief of petitioner Nathan Van Buren filed. |
| 07/07/2020 | Brief amici curiae of The R Street Institute, et al. filed. |
| 07/07/2020 | Brief amici curiae of Kyratso Karahalios, et al. filed. |
| 07/07/2020 | Brief amicus curiae of Association of Medical Device Service Organizations filed. |
| 07/07/2020 | Brief amicus curiae of Association of Medical Device Reprocessors filed. |
| 07/08/2020 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 07/08/2020 | Brief amicus curiae of Committee for Justice filed. |
| 07/08/2020 | Brief amicus curiae of Americans for Prosperity Foundation filed. |
| 07/08/2020 | Brief amici curiae of Reporters Committee for Freedom of the Press, et al. filed. |
| 07/08/2020 | Brief amici curiae of National Whistleblower Center filed. |
| 07/08/2020 | Brief amicus curiae of The United States Technology Policy Committee of the ACM in support of neither party filed. |
| 07/08/2020 | Brief amici curiae of Technology Companies filed. |
| 07/08/2020 | Brief amicus curiae of Orin S. Kerr filed. |
| 07/08/2020 | Brief amici curiae of Computer Security Researchers, et al. filed. |
| 07/08/2020 | Brief amicus curiae of The Markup filed. |
| 08/27/2020 | Brief of respondent United States filed. |
| 08/31/2020 | Brief amicus curiae of Federal Law Enforcement Officers Association filed. |
| 09/01/2020 | Brief amicus curiae of Managed Funds Association filed. |
| 09/02/2020 | Brief amici curiae of Karen Heart and Anthony Volini of CIPLIT filed. |
| 09/03/2020 | Brief amici curiae of Electronic Privacy Information Center, et al. filed. |
| 09/03/2020 | Brief amicus curiae of Voatz, Inc. filed. |
| 09/03/2020 | Brief amicus curiae of Digital Justice Foundation filed. |
| 09/16/2020 | SET FOR ARGUMENT on Monday, November 30, 2020. |
| 09/28/2020 | Reply of petitioner Nathan Van Buren filed. |
| 10/08/2020 | Record requested from the U.S.C.A. 11th Circuit. |
| 10/13/2020 | Record received from the U.S.C.A. 11th Circuit is electronic and located on PACER. |
| 10/27/2020 | CIRCULATED |
| 11/04/2020 | Record received from the U.S.D.C Northern District of Georgia (Atlanta) Some sealed materials. One Envelope. |
| 11/30/2020 | Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. |
| 06/03/2021 | Judgment REVERSED and case REMANDED. Barrett, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-783_k53l.pdf'>opinion</a> 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. |
| 07/06/2021 | JUDGMENT ISSUED. |
| 02/15/2023 | Record returned to the U.S.D.C Northern District of Georgia (three envelopes). |