CFAA Doesn’t Reach Misuse of Data Employee Accessed on Authorized Computer

An employee did not “exceed[] authorized access” or act “without authorization” within the meaning of the Computer Fraud and Abuse Act when she allegedly misused information to which she otherwise had lawful access, the U.S. District Court for the Southern District of New York ruled March 20 (JBCHoldings NY LLC v. Pakter, S.D.N.Y., 1:12-cv-07555-PAE, 3/20/13).

Judge Paul A. Engelmayer said that the CFAA, 18 U.S.C. § 1030 et seq., plainly and clearly addresses unauthorized “access,” not permitted “use,” in the context of a faithless employee who misused information obtained from a computer ...