One of the most significant aspects of the CFAA is that it can provide access to federal court in cases that otherwise would be treated as more routine state-court employment disputes. And although establishing jurisdiction under CFAA is easy as a substantive matter, plaintiffs must nonetheless be careful to plead... Continue reading

Another issue that is still the subject of some debate is what qualifies as “damage” or “loss” for purposes of the civil cause of action. Under the CFAA, a civil cause of action is available to one who can show that a violation of the statute has caused “damage” or... Continue reading

Last month the Senate held hearings on a piece of legislation designed to extend the reach of the CFAA. The “Personal Data Protection and Breach Accountability Act of 2011” is the latest product of the Government’s efforts to strengthen the nation’s cyber security. See White House’s May 2011 Cybersecurity Legislative... Continue reading

The principal federal statute that specifically addresses computer-related crime and misconduct is the Computer Fraud and Abuse Act of 1986 (“CFAA”), 18 U.S.C. § 1030 (2011). Although the CFAA was principally aimed at hackers bent on stealing information or disrupting computer functionality, it has been interpreted to apply to a... Continue reading

The CFAA prohibits conduct criminal based principally on the basis that it is “unauthorized” or “in excess of” authorization. Importantly, the manner in which “authorization” is defined is still an open question under the CFAA, and courts have arrived at significantly different answers to this question. In the civil law... Continue reading

The CFAA was originally enacted in 1984 as the “Counterfeit Access Device and Computer Fraud and Abuse Act of 1984.”[1] It was amended and given its present name in 1986,[2] and amended again as part of the Economic Espionage Act of 1996,[3] the USA PATRIOT ACT of 2001,[4] and the... Continue reading