Limiting The Application Of The CFAA And EEA

Law360, New York (May 14, 2012, 1:10 PM EDT) -- In recent years, the United States government has relied on certain federal criminal statutes to bring criminal charges regarding conduct that had generally been thought to be private employment or contractual matters. These matters have included the enforcement under criminal laws of private companies’ policies regarding how their employees are authorized to use the employer’s information, as well as commercial disputes involving competitor’s purported theft of trade secrets, which typically would be litigated under state law theories of misappropriation. In back-to-back decisions, the federal government’s efforts...
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