Tag Archives: Computer Fraud and Abuse Act

Fourth Circuit Adopts "Narrow Reading" of Authorization under the Computer Fraud and Abuse Act

Common scenario: Employee plans to resign from employer and join competitor. Prior to resigning, employee uses his company computer to access confidential and proprietary information and then sends the information to his personal e-mail account to use for the benefit of his new employer. Employer sues former employee for misappropriation and other state law claims, and seeks federal jurisdiction by asserting a claim under the Computer Fraud and Abuse Act (“CFAA”).

Dilemma: Does CFAA state a claim when the employee had permission to “access” the computer and company documents, but not “use” it for an improper purpose such as to benefit a new employer?

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