Improper Access Vs. Improper Use: The Meaning Of The CFAA

Law360, New York (May 12, 2016, 11:18 AM EDT) -- The theft of confidential and trade secret information has become a problem of staggering proportions.[1] To address this crisis, Congress last month passed the Defend Trade Secrets Act, which provides a private federal cause of action for trade secret misappropriation. For years to come, trade secret litigators will focus on the meaning of the DTSA. But in cases involving the use of a computer to commit misappropriation — an increasingly common fact pattern — litigators should also consider the application of another federal statute, the Computer Fraud and Abuse Act. The CFAA provides important remedies for victims of computer-based information theft, but the federal courts are deeply divided on the statute's reach and scope. Specifically, the courts disagree on whether the CFAA applies to an individual who has legitimate access to a computer but makes improper or unauthorized use of information obtained through legitimate access....

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