Poller v. Bioscrip, Inc., 2013 WL 5354753 (S.D.N.Y. Sept. 25, 2013)
“No language in the CFAA supports [the] argument that authorization to use
a computer ceases when an employee resolves to use the computer contrary to the employer’s interest,” so long as that individual still technically possesses the right of computer access pursuant to his employ. In other words, exploitative or disloyal access to an employer’s computer will not render otherwise permissible access unauthorized within the CFAA’s meaning.
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Published by Shawn E. Tuma
Shawn Tuma is an attorney who is internationally recognized in cybersecurity, computer fraud and data privacy law, areas in which he has practiced for nearly two decades. He is a Partner at Spencer Fane, LLP where he regularly serves as outside cybersecurity and privacy counsel to a wide range of companies from small to midsized businesses to Fortune 100 enterprises. You can reach Shawn by telephone at 972.324.0317 or email him at stuma@spencerfane.com.
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