Posts Tagged Citrin

Employment Agreement Restrictions Determined Whether Employees Exceeded Authorized Access Under Computer Fraud and Abuse Act

A recent district court opinion relied on employment agreement restrictions to determine whether the employees exceeded their authorized access to the employer’s computers. In doing so, the court used the Intended-Use Theory of access to determine whether there may have been a violation of the Computer Fraud and Abuse Act (CFAA), highlighting the need for companies […]

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Current Employee May Have Violated Computer Fraud and Abuse Act by Downloading for Secret New Employer

A federal district court in Mississippi refused to dismiss the Computer Fraud and Abuse Act claims against an individual who, during the term of his employment downloaded confidential information for a new employer. While employed by the plaintiff, the defendant had secretly negotiated an employment agreement with a new company but, before announcing his resignation […]

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Citrin Lives! Dist. Ct. applies the agency theory of access in a post-Nosal Computer Fraud and Abuse Act case

The Intended Use Theory of access under the Computer Fraud and Abuse Act (“CFAA”) has been all the rage among since the Ninth Circuit handed down its opinion in United States v. Nosal but that doesn’t mean the Agency Theory has gone by the wayside. Just last week a district court used the Agency Theory […]

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Computer Use Policies – Do They Even Matter?

They Certainly Do! If a company has a policy or contractual agreement that places limitations on the permissible reasons for accessing the company computer or permissible uses for the data on that computer, it will usually be enforceable according to a majority of the federal courts of appeals that have addressed the issue. What does […]

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Bye Bye Brekka–Hello Nosal! Ninth Circuit Warms-up to Intended-Use Theory of “Access” Under the Computer Fraud and Abuse Act

This past Monday I blogged of what I called the “Trilogy of Access Theories” to refer to the 3 lines of circuit court cases that have different theories for interpreting “access” under the Computer Fraud and Abuse Act (“CFAA”). That was a FAIL! United States v. Nosal As of today the trilogy has become a […]

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