Posts Tagged intended use theory

Yes, Texas is a good state for plaintiffs to bring a CFAA claim.

Is Texas a good state for a plaintiff to bring a Computer Fraud and Abuse Act (CFAA) claim? Yes it is, and a recent case reaffirms that the Federal District Courts in Texas are generally favorable jurisdictions for plaintiffs with CFAA claims because of two key issues, access and loss jurisprudence. On February 3, 2014, the […]

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District Court Finds Breach of Contractual Limits on Access Violates the CFAA

TAKEAWAY: Businesses (and anyone else) that allow others to access to their computers should have contractual agreements with those persons that clearly specify the restrictions on their authorization to access and use the computers and data.  This is the lesson of United States v. Cave, 2013 WL 3766550 (D. Neb. July 16, 2013), a case in which […]

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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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