Dan Winston and Anita Spieth on the CFAA Circuit Split

View "2nd Circ. Set To Weigh In On CFAA Circuit Split"

Dan Winston and Anita Spieth wrote “2nd Circ. Set To Weigh In On CFAA Circuit Split” in Appellate Law360, where they discuss the divide between federal circuits regarding liability in CFAA cases.  They explain that the Fourth and Ninth circuits upheld a narrow reading of the CFAA, maintaining that it only applies when an employee engages in “true hacking.”  However, the First, Fifth, Seventh and Eleventh Circuits have upheld a broader reading, holding that an employer can take action against an employee if he obtains information admissibly, but uses it for purposes adverse to his employer’s policies.  The Second Circuit is expected to rule in the coming months.  The article also appeared in Employment Law360, Intellectual Property Law360, New York Law360, Privacy Law360 and White Collar Law360.