06.07.2021Supreme Court Narrows Liability Under the Computer Fraud and Abuse ActLate last week, the U.S. Supreme Court issued a decision that narrows the scope of a statute used by the Government and private parties against individuals who access computer systems without authorization. The decision in Van Buren v. United States resolved a split among lower courts limiting both civil and criminal liability under the Computer Fraud and Abuse Act (CFAA), a statute that prohibits individuals from “intentionally access[ing] a computer without authorization or exceed[ing] authorized access, and thereby obtain[ing]…information from any protected computer.”
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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