Case Study: WEC Carolina Energy V. Miller

Law360, New York (September 25, 2012, 2:38 PM ET) -- On July 26, 2012, the Fourth Circuit Court of Appeals weighed in on the debate about the meaning of the phrases “exceeds authorized access” and “without authorization” as used in the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. See WEC Carolina Energy Solutions LLC v. Miller, No. 0:10-CV-02775, CMC (4th Cir. July 26, 2012). Joining the Ninth and Second Circuits in narrowly construing the statute, the Fourth Circuit held that the CFAA cannot be used to impose liability on an employee who is...
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