The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §1030 et seq., was enacted in 1984 (and amended multiple times thereafter) to target hackers who accessed computers to steal information or disrupt network functionality. Over 25 years later, the interpretation of the statute continues as litigants attempt to expand the act’s reach to new factual scenarios in a rapidly changing computerized world.
For example, the issue of what constitutes “unauthorized access” under the statute, particularly as it relates to employer-employee relationships and proprietary database misuse, has come under the judicial microscope during the past several years, resulting in varying approaches in the federal courts.
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