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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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