In Land and Bay Gauging L.L.C. v. Shor, –Fed.Appx — (5th Cir. Aug. 21, 2015), the Fifth Circuit recently held that accessing a computer under the authority of a court order that authorizes the access is sufficient to render the access as being authorized, even if the order is later overturned. An essential element under a Computer Fraud and Abuse Act (CFAA) claim is that the defendant accessed the computer “without authorization” or “exceeds authorized access.” When there is such an access that is authorized by a court order–at the time of the access–the later overturning of that order will not then render the access as having been unauthorized and there will be no violation of the CFAA.
Additionally, the Rooker-Feldman Doctrine does not bar a Federal court from ruling on CFAA claims that stem from parties’ actions taken pursuant to a state court order where such claims do not attack the validity of the order itself, but instead, focus on the parties alleged violations of independent legal duties under the CFAA.
