CLAIMS UNDER THE COMPUTER FRAUD AND ABUSE ACT?
The ABA is reporting that the federal circuits are split on whether an employee who is authorized to access her employer’s computers but does so for improper purpose(s) is liable under the Computer Fraud and Abuse Act. The Ninth Circuit apparently only permits recovery where the access is completely without any authorization. Other circuits apparently permit recovery if the access is abused contrary to the employer’s interests or the parties’ contractual agreement. It will be interesting to see if the U.S. Supreme Court gets a say in the matter.