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In this arena, multiple aspects of the legal system are implicated, the CFAA among them.

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The federal government should clarify the definition of “interception” under Title I of the Electronic Communications Privacy Act (ECPA) and reconsider the damages requirement for private claims in the Computer Fraud and Abuse Act (CFAA) in light of the often non-economic nature of privacy harms.

A victim’s suffering is often not financial but emotional.

On a constitutional and procedural level, we should require that law enforcement hacking include automatic transparency, ban government webcam hacking, and be exacting in applying the Fourth Amendment’s warrant requirements.

Together, with political will and popular support behind them, change in these areas would empower the public to better respond to ratters—whether individuals or government agents—and improve the privacy of millions.* * *Electronic privacy law in the United States is guided by the overlap of the Federal Trade Commission, state law, criminal procedure, executive order, and federal statute.

School districts have used RATs to spy on students in their bedrooms; rent-to-own computer stores have secretly watched their customers.

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