Advanced Micro Devices, Inc. v. Feldstein, et al., 2013 WL 2666746 (D. Mass. June 10, 2013) (1st Cir.)
The court acknowledges that it is unclear whether the First Circuit follows the narrow access means access theory or the broader intended use theory but chooses to applythe narrow. Under this theory, it finds plaintiff’s allegations were insufficient to sustain a CFAA claim; the allegations included specific facts about when and how defendants logged into plaintiff’s secure network with valid login credentials and accessed confidential plaintiff information which they later retained in violation of their respective contractual agreements with plaintiff.
Regarding the loss issue, “the Court is troubled by the implication that the mere act of [implementing diagnostic measures to determine whether there has been an unlawful access] in ascertaining whether or not there has been a violation of the CFAA is likely to cost enough money to meet the statutory threshold for violating the CFAA.”
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