In an unusual criminal case, the Second Circuit Court of Appeals recently weighed in on an important question at the intersection of employment law and data security. The decision will likely have implications wherever questions arise about unauthorized access and use of computerized data—from a disloyal employee who extracts trade secrets from an employer’s system in violation of an employment agreement, to a business that scrapes valuable information from a competitor’s website for competitive use in violation of the site’s use provisions.
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