Robert R. Baron, Jr., David S. Fryman, Corinne Militello, and Philip N. Yannella of Ballard Spahr write:
A Pennsylvania federal magistrate judge has tossed an employer’s claims under the Computer Fraud and Abuse Act (CFAA), holding that the CFAA does not extend to punish employees for the misuse of information that was accessed with permission. The recent ruling follows the Fourth and Ninth Circuits, and district courts in the Third Circuit, in endorsing a narrow view of the CFAA, making it more difficult for employers in those jurisdictions seeking to state a claim under the CFAA against disloyal former employees.
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