Computer Use Policies May Be Grounds For CFAA Claims

Law360, New York (November 26, 2013, 2:10 PM EST) -- Can a company's computer usage policy form the basis for a civil claim under the Computer Fraud and Abuse Act? In a recent opinion, the Southern District of Texas joins a growing cadre of federal courts to answer yes. 

While primarily a criminal statute, the CFAA establishes liability for one who, knowingly and with the intent to defraud, exceeds authorized access to a protected computer and obtains anything of value and furthers the intended fraud. A fierce debate has emerged over whether the phrase "exceeds authorized...
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