Departing Employee Taking Data from “Restricted” but Unsecured Folder Doesn’t Violate CFAA

Shawn E. Tuma writes:

When an employer intends to keep a network folder restricted from employees, but fails to (1) objectively communicate this intention or (2) secure the folder from general access, an employee who accesses the folder and takes data from it does not violate the Computer Fraud and Abuse Act (CFAA), even if he does so for an improper purpose. 

In Tank Connection, LLC v. Haight, 2016 WL 492751 (D. Kan. Feb. 8, 2016), the court granted the former employee’s motion for summary judgment against the employer’s CFAA claim.

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