The Computer Fraud and Abuse Act: A Digital Hammer in Search of Digital Nail
By Alan S. Wernick, Esq., Wernick & Associates, LTD.
The Computer Fraud and Abuse Act of 1986 (“CFAA”), 18 U.S.C. § 1030, addresses fraud and related activities in connection with computers, including prohibiting unauthorized access to “protected computers” and obtaining information through such access. The CFAA can impose civil and criminal liability on anyone who “access[es] a computer without authorization” or by “exceeding authorized access” to a “protected computer” (18 U.S.C. § 1030(a)). In several cases employers have tried using the CFAA to pursue ex-employees for alleged violations of workplace computer use policies. Depending on the facts, it has not worked out well for those employers.
