09.05.2025Third Circuit Further Narrows Employer Remedy Under Federal Computer Fraud and Abuse ActWhat can an employer do when its employee accesses data in a way that violates company policy? In the past, one avenue for relief was the Computer Fraud and Abuse Act (CFAA), a federal statute that creates the potential for both civil and criminal liability for individuals who “intentionally accesses a computer without authorization or exceeds authorized access.” CFAA, 18 U.S.C. § 1030(a)(2). Because it is a federal statute, the CFAA opens the doors to the federal courts to litigate these types of disputes.
04.23.2020Supreme Court Agrees to Decide Scope of Computer Fraud and Abuse ActAlthough this case involves a criminal prosecution, the decision will implicate the ability of companies to bring civil cases in federal court against employees and former employees that improperly access company data for improper purposes. The CFAA has been an important tool for companies to enforce the confidentiality of data in their computer systems and has become increasingly important as more and more confidential data is electronic.
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