Tag Archives: Computer Fraud and Abuse Act

D.C. federal court rules that web scraping does not violate the CFAA and may be protected by the First Amendment

On March 30, 2018, a D.C. federal district court denied a motion to dismiss an ACLU case filed against the government to challenge the constitutionality of the Computer Fraud and Abuse Act (CFAA), which makes it a federal crime to access a computer in a manner that “exceeds authorized access.” Sandvig v. Sessions, No. 1:16-cv-01368, … Continue Reading

Ninth Circuit Rules that CFAA Imposes Criminal Penalties when Terminated Users Try To Access Systems With Borrowed Passwords

It can be a violation of the federal Computer Fraud and Abuse Act (“CFAA”) to “access[] a protected computer without authorization.” The CFAA clearly applies when criminals with no connection to a company try to force their way into information systems.  But in a recent decision a divided panel of the Ninth Circuit found the CFAA … Continue Reading

Employers Must Define Level of Authorized Access to Pursue Computer Fraud and Abuse Act Claims

In a decision that underscores the importance of carefully considering company computer-use policies and permissions, the United States District Court for the Middle District of Florida held last month that a company could not maintain a Computer Fraud and Abuse Act (“CFAA”) claim against a former employee because the company had given the employee “unfettered … Continue Reading
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