A party who accesses a computer pursuant to a court order authorizing him to seize and access the computer will not be found in violation of the Computer Fraud and Abuse Act if such order is later overturned.
“An essential element of a CFAA claim under 10 U.S.C. § 1030 is that the [defendant] accesses a computer ‘without authorization or exceeds authorized access.’ Hunn v. Dan Wilson Homes, Inc., 789 F.3d 573, 583-84 (5th Cir. 2015) (holding that ‘because [the defendant] did not exceed authorized access, he did not violate the Computer Fraud and Abuse Act’). Here, the state-court turnover orders authorized Shor to access the computers. Even though those orders were ultimately overturned, because Shor had authorization at the time pursuant to a court order to access the computers, Black does not state a claim under the CFAA. See id. (discussing CFAA claim, reasoning that the defendant accessed the computer while still employed at the plaintiff’s company). Land and Bay Gauging, L.L.C. v. Shor, 2015 WL 4978993 (5th Cir. Aug. 21, 2015).
See earlier post.