The Computer Fraud and Abuse Act [FOOTNOTE 1] makes it a federal crime to access or attempt to access a computer without, or in excess of, one’s authorization. Although designed as a law enforcement tool, the CFAA also provides a private right of civil action for damages and injunctive relief under very limited circumstances.[FOOTNOTE 2]
In recent years, a wide range of businesses in New York and elsewhere have attempted to assert claims under the CFAA for harm allegedly suffered in a broad variety of commercial situations. These include, for example, cases alleging misappropriation of “confidential proprietary information” from computers,[FOOTNOTE 3] that a Web site had been accessed without authorization by a competitor,[FOOTNOTE 4] and that an employee allegedly placed proprietary information belonging to his former employer on his new employer’s computer and deleted data from his former employer’s computers before leaving his job.[FOOTNOTE 5]
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