3 Recent Computer Fraud and Abuse Act Cases Worth Noting

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Three recent Computer Fraud and Abuse Act (“CFAA”) cases decided over the last couple of months are worth looking at because they show the following points, respectively: (1) the CFAA in its current form does not give consumers an adequate remedy for privacy related data breach issues; (2) the CFAA’s focus on “access” is more akin to trespassing on a computer system than using a computer to commit a traditional “fraud”; and (3) the way a judge “walks through” the evidence vis-a-vis the elements of a basic civil claim under the Computer Fraud and Abuse Act.

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