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Case: Penetration testing is a fine line when it comes to the CFAA. Rightfully so, the CFAA was created to provide more clear protections for "unauthorized access" to computer systems and information. In Van Buren vs. The United States "Former Georgia police sergeant Nathan Van Buren used his patrol-car computer to access a law enforcement database to retrieve information about a particular license plate number in exchange for money," (Petro, 2021).
In this case, the officer used his official status and access levels to obtain sensitive information in exchange for money, not authorized by the police department. The difference between Van Buren and pentesters is that penetration testers have been requested by the organization to conduct a test to identify security vulnerabilities, this is authorized access for official purposes. This is also why explicit agreements, preferably legal, are established between the organization and penetration testers.
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